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The thorny issue of privacy has come up a few times in conference. Tonight's Unreliable Evidence on Radio 4, hosted by Clive Anderson, gave a very good and wide-ranging primer on the subject and its impact on journalism. Guests including the Daily Telegraph's legal editor Joshua Rozenberg, Desmond Browne QC and Sir Charles Clarke discussed the impact of cases including Max Mosely, Naomi Campbell, Princess Caroline of Monaco on the freedom of the press. There's also the extraordinary case of the Premiership footballer (you'll have to ask me which one off-line) who'd been having an affair, and used privacy law to prevent the woman's husband from telling anybody about it.Â
Check it out on Radio 4's listen again service or the iplayer.
The discussion on Unrelibale Evidence was superb and I strongly urge everyone to listen to it. Forty five minutes can hardly be better spent. That said, I switched off my radio with a deep sense of foreboding. Max Mosley is determined to achieve a rule of prior restraint - as the Independent on Sunday warned in the interview to which I directed attention on Sunday. And Lord Justice Eady's judicial defenders failed to convince me that he has imposed the will of parliament. The appropriate balance between articles 8 and 10 of the ECHR is too important to be developed in ad hoc rulings. It requires broader scrutiny. I think that is what our national legislature is for.  Â