Media L19 - Media Lecture 19 Damages alternative remedy to...

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Media Lecture 19 Damages – alternative remedy to injunction can be awarded purely on emotional distress n.b. amount is modest = little deterrent to media! Douglas II – higher awards need to be made to deter media (yet this has not been achieved) n.b. injunction is normally appropriate remedy in privacy case Aggravated damages e.g. Campbell - £1,000 given as newspaper attacked her for starting privacy proceedings e.g. Hof Douglas – reinstated £1.75mill award to OK due to interference of Hello in an exclusive contract. (must be an exclusive right to publish for this kind of damages) Account of profits e.g. Douglas III – If Hello made profit on photos = Douglas should seek this (could be significant amount) Yet the key remedy = interim injunction , as once privacy is lost it can’t be restored DPA minor role yet worth mentioning re. protecting personal data of an identifiable living individual s1 = this includes photos s2 = sensitive personal data e.g. sexual life or health The DPA covers processing of personal data = obtaining and publishing Campbell – launched DPA claim alongside privacy claim
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