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The Westminster Parliament for the UK has ruled out legislating to widen privacy laws affecting the UK, following concerns abour press intrusion into private life.
In a wide ranging review published by the Culture, Media and Sport Committee into Press standards, privacy and libel, it was decided that "matters relating to privacy should continue to be determined according to common law, and the flexibility that permits, rather than set down in statute."
The decision is likely to rule out any separate privacy legislation being enacted in Scotland to ensure parity across the local jurisdictions.
"The Human Rights Act has only been in force for nine years and inevitably the number of judgments involving freedom of expression and privacy is limited. We agree with the Lord Chancellor that law relating to privacy will become clearer as more cases are decided by the courts," the report said.
"On balance we recognise that this may take some considerable time. We note, however, that the media industry itself is not united on the desirability, or otherwise, of privacy legislation, or how it might be drafted. Given the infinitely different circumstances which can arise in different cases, and the obligations of the Human Rights Act, judges would inevitably still exercise wide discretion. We conclude, therefore, that for now matters relating to privacy should continue to be determined according to common law, and the flexibility that permits, rather than set down in statute."
The conclusion formed part of a wide ranging report following investigations ongoing in England into abuse of privacy by newspapers - specifically News International- in relation to their widespread practice of hacking into private telephones. The report also recommends reform of the Press Complaints Commission and floats the possibility of reforming the law applicable to defamation throughout the UK "to widen and strengthen the application of the 'responsible journalism' defence."
"Given the seriousness of this issue, we recommend that the Government examines closely the law as it now stands, looking also at how it operates in Australia, and consults widely on the possibility and desirability of introducing such changes in the UK through an amendment to the Defamation Act 1996," it said.
The report can be read here.

