An Analysis of the Theoretical Underpinnings of Privacy and Reputation, Linked to the Uncertain Relationship Between Defamation and Misuse of Private Information

Abstract

This thesis examines the theoretical underpinnings of privacy and reputation, arguing that the two interests are more closely related than the current body of scholarship would suggest. While much of the focus, in this regard, lies in an analysis of 'false privacy' and misuse of private information's ability to accommodate falsehoods (historically, the sole province of defamation), the thesis also considers several of the torts comprising William Prosser's taxonomy of privacy and the extent to which English law has, in developing its own privacy action, eschewed several of the theoretical and practical difficulties associated with the American systemisation. In particular, the thesis examines false light invasion of privacy - positioning it as a logical comparator to misuse of private information - and the tort of intrusion upon seclusion, suggesting that the latter's existence in the English common law has been implicitly recognised over the course of several recent judgments. Finally, the thesis considers the defence of 'truth' to an action for defamation and how, in light of differing judicial interpretations as to what constitutes 'defamatory' material, this defence can stand alongside claimants' ability to avail themselves of the privacy action to restrain the publication of information which risks exposing them to ridicule and embarrassment.