Total Marks On the Essay – 85/100.
PART A
Sara Khan is a very successful businesswoman and owner of a large online gaming
company. She ensures that her media profile projects her as a strong single woman,
uninterested in the trappings of family life. She has regularly said publicly that women
should not be pressured into having children, and that she has achieved success
through long hours of hard work. She regularly gives exclusive interviews to high
quality magazines where she promotes these aspects of her life, but otherwise never
gives interviews about her private life.
An undercover reporter for The Daily News has infiltrated the company as an employee
to investigate rumours about Sara having a child following a short holiday romance
several years ago, which Sara is keeping secret.
The reporter has interviewed many employees who were unaware they were being
questioned about Sara by a journalist. Some employees have confirmed the rumours of
the holiday romance and some claim to have seen the child, who is now 6 years old
and called Sylvia. The reporter finds out where Sylvia goes to school and secretly takes
photos of her mother collecting her from the school gates.
The Daily News plans to publish details of Sara’s secret child, together with the
pictures of Sara collecting Sylvia from school, under the headline ‘Sara Khan’s secret
love child’. In advance of publication, The Daily News sends a copy of the pictures to
Sara. Sara informs the paper that she will be seeking an injunction to prevent
publication on the basis that The Daily News’ planned article would breach her right to
privacy. Sara accepts that the information in the planned article is true.
Explain, with reference to relevant case-law, the basis upon which Sara Khan
could bring her claim, and the basis on which The Daily News could seek to
defend it relying on the ‘setting the record straight’ defence. Outline the
approach that the High Court will take when considering Sara’s claim and the
newspaper’s defence.
, PART B
Critically evaluate whether the decision in PJS v News Group Newspapers Ltd
[2016] AC 1081 provides the right balance between ensuring privacy for a
claimant with the media’s right to freedom of expression. As part of your answer
to Part B, you should:
(a) Provide a brief factual summary of the case.
(b) Include wider research covering the balancing issues the case illustrates.
Refer to the judgment of Lord Toulson JSC, in support of your analysis.
PART A
Sara Khan is a very successful businesswoman and owner of a large online gaming
company. She ensures that her media profile projects her as a strong single woman,
uninterested in the trappings of family life. She has regularly said publicly that women
should not be pressured into having children, and that she has achieved success
through long hours of hard work. She regularly gives exclusive interviews to high
quality magazines where she promotes these aspects of her life, but otherwise never
gives interviews about her private life.
An undercover reporter for The Daily News has infiltrated the company as an employee
to investigate rumours about Sara having a child following a short holiday romance
several years ago, which Sara is keeping secret.
The reporter has interviewed many employees who were unaware they were being
questioned about Sara by a journalist. Some employees have confirmed the rumours of
the holiday romance and some claim to have seen the child, who is now 6 years old
and called Sylvia. The reporter finds out where Sylvia goes to school and secretly takes
photos of her mother collecting her from the school gates.
The Daily News plans to publish details of Sara’s secret child, together with the
pictures of Sara collecting Sylvia from school, under the headline ‘Sara Khan’s secret
love child’. In advance of publication, The Daily News sends a copy of the pictures to
Sara. Sara informs the paper that she will be seeking an injunction to prevent
publication on the basis that The Daily News’ planned article would breach her right to
privacy. Sara accepts that the information in the planned article is true.
Explain, with reference to relevant case-law, the basis upon which Sara Khan
could bring her claim, and the basis on which The Daily News could seek to
defend it relying on the ‘setting the record straight’ defence. Outline the
approach that the High Court will take when considering Sara’s claim and the
newspaper’s defence.
, PART B
Critically evaluate whether the decision in PJS v News Group Newspapers Ltd
[2016] AC 1081 provides the right balance between ensuring privacy for a
claimant with the media’s right to freedom of expression. As part of your answer
to Part B, you should:
(a) Provide a brief factual summary of the case.
(b) Include wider research covering the balancing issues the case illustrates.
Refer to the judgment of Lord Toulson JSC, in support of your analysis.
