Privacy and the right to tell your own story – Journal of Media Law
‘This article examines when and how a person’s desire to tell their own story should affect the application of the English misuse of private information tort. It urges caution in cases where one party is trying to dictate retrospectively the terms on which a shared encounter occurred – especially when there is a significant power imbalance between the parties. The article argues, first, that courts determining reasonable expectations of privacy in respect of a shared experience should consider both parties’ attitude towards it. When it comes to the privacy/freedom-of-expression balancing at stage II, it suggests a defendant’s desire to make limited disclosures to family and friends should almost always prevail. A genuine desire to talk about one’s own shared experience should also help justify disclosures about shared experience to the public at large, at least when there is a wider public interest in the storyand privacy damage is minimised.’
Journal of Media Law, 7th April 2026
Source: doi.org

