Dr Paul Wragg's Publications

Chapters
Advertising, Free Speech and the Consumer In: Devenney J; Kenny M (eds.) European Consumer Protection: Theory and Practice pp. 313 - 335 Cambridge University Press
Journal Articles
(2013) Mill's Dead Dogma: the Value of Truth to Free Speech Jurisprudence In: Public Law
(2011) Fickle Justice: Judicial Idiosyncrasy in UK Privacy Cases In: Connecticut Public Interest Law Journal 10 (2) pp. 139 - 153
The protection of privacy in the UK has moved from a precarious position to something more real. From the burgeoning UK jurisprudence involving the privacy/free speech dichotomy settled principles are becoming discernible. However, by examining recent developments in the case law, it will be argued that despite these settled principles the predictability of claims remains in doubt. In particular, it is submitted, there is an apparent variance in judicial approach toward the pivotal question of ‘public interest’, which is at the heart of the balancing process. This issue animates the debate about the level of protection against privacy-invading speech that public figures enjoy. Inter alia, this paper will argue that the public interest element of the balancing process requires reassessment in two key respects. First, the definition of public figures requires refinement so that a narrower range of individuals are captured by it. Secondly, there ought to be closer alignment of the public interest test with the argument from participation in democratic society as deployed in the Strasbourg jurisprudence. In defence of recent developments, it will be argued that the broader approach to calculating the privacy interest so as to recognise familial interests is to be welcomed.
(2010) A Freedom to Criticise? Evaluating the Public Interest in Celebrity Gossip after Mosley and Terry In: Journal of Media Law 2 (2) pp. 295 - 320 Hart Publishing
Reviews decisions of the UK courts on the approach to the reporting of celebrity gossip, focusing on the definition of public interest and the extent to which gossip falls within its scope. Observes that the Queen's Bench Division rulings in Mosley v News Group Newspapers Ltd and LNS v Persons Unknown illustrate opposing views on the free speech value of celebrity gossip. Argues that the definition of public interest should not incorporate a freedom to criticise doctrine.
(2009) 'Free Speech is not Valued if only Valued Speech is Free: Connolly, Consistency and some Article 10 concerns In: European Public Law 15 (1) pp. 111 - 132 Kluwer Law International
Contact Details
- Tel: 0113 343 5048
- Email: p.m.wragg@leeds.ac.uk