Photographs, Celebrities and Article 8: Is the UK adequately protecting privacy?

The present discussion seeks to test the adequacy of the nature and level of protection afforded by the UK to the right to privacy under Article 8 of the European Convention on Human Rights (ECHR), particularly with respect to whether such protection is enough for celebrities seeking to prevent unwanted publication of their photographs. This adequacy shall be tested by assessing whether courts in the UK are developing and interpreting the law in a manner that is consistent with the principles espoused by the European Court of Human Rights (ECtHR) that are said to encapsulate the essence of Article 8. With the enactment of the Human Rights Act (HRA) 1998, courts must, inter alia, take into account the rulings of the ECtHR when interpreting the meaning and scope of rights, even though the “binding-ness” of the term “take into account” is debatable 1 . There will be additional inquiry into whether the ECtHR itself has in fact developed a sustainable approach t