Thursday, February 20, 2014
A. T. H. Smith (Victoria University of Wellington - Faculty of Law) has posted Assessing the Public Interest in Cases Affecting the Media - The Prosecution Guidelines ((2013) Criminal Law Reporter at 449) on SSRN. Here is the abstract:
This article outlines the various inquiries that have recently been conducted into journalism in England and focuses on the tension between the public interest and the use of illegal methods to acquire information relevant to the public interest. It considers the merits of the two possible responses to that tension which are creation of a general public interest defence and publication of guidelines, the latter option has been followed. An analysis is then provided of the Director of Public Prosecutions’ published guidelines which involve assessment of the public interest served, assessing the overall criminality, and the weighing up of those two considerations.