Page 306 - Law and the Media

19 The Human Rights Act 1998

Hugh Tomlinson QC

19.1 Introduction

The Human Rights Act 1998 (the ‘HRA’) came into effect on 2 October 2000. It is designed
to ‘give further effect’ to the rights and freedoms enshrined in the European Convention on
Human Rights (the ‘Convention’) and to make them enforceable in the courts of the United
Kingdom. It is now unlawful for ‘public authorities’, including courts, to act in a way that
is incompatible with Convention rights. A number of these rights, including the right to
freedom of expression (Article 10) and the right to respect for private life (Article 8), are of
particular importance for the media. The law of defamation is potentially subject to
substantial change as a result of the HRA. In addition, the HRA is likely to lead to further
significant revisions of the principles governing court reporting and the development of a tort
of invasion of privacy.

19.2 The basic scheme of the Human Rights Act 1998

19.2.1 General principles

The Convention is an international treaty, under the terms of which the United Kingdom is
bound to secure to everyone within its jurisdiction the rights and freedoms that are set out
(Article 1 of the Convention). It was designed, in the aftermath of the Second World War, to
protect the individual against State interference with their fundamental rights and freedoms.
Although the United Kingdom accepted the right to individual petition under the Convention
in 1966, the Convention was not enforceable in the English courts.

The HRA was designed to ‘give further effect’ to the Convention without disturbing the
sovereignty of Parliament. The HRA does not directly incorporate the Convention into
English law, but gives effect to it by requirements relating to the interpretation of legislation
and the actions of public authorities.

The operation of the HRA can be approached by considering eight questions:

1. Who is bound by the HRA?
2. How does the HRA take effect?