209 research outputs found

    Natural Law, Positivism, and the Limits of Jurisprudence: A Modern Round

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    Privacy and the Limits of Law

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    Is social media challenging the authority of the judiciary? Rethinking the effectiveness of anonymised and super injunctions in the age of the internet

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    Thaddeus Manu, and Felipe Romero Moreno, 'IS SOCIAL MEDIA CHALLENGING THE AUTHORITY OF THE JUDICIARY? RETHINKING THE EFFECTIVENESS OF ANONYMISED AND SUPER INJUNCTIONS IN THE AGE OF THE INTERNET', Journal of Legal Studies, Vol. 18 Issue 32, 2016. DOI: 10.1515/jles-2016-0017. This is an open access article distributed under the Creative Commons Attribution-NonCommercialNoDerivs license as currently displayed on http://creativecommons.org/licenses/by-nc-nd/3.0/.While freedom of expression has a long and well-established constitutional foundation as a self-governing concept, the right to privacy is a relatively recent norm in the constitutional orientation of the United Kingdom. Until the Human Rights Act 1998, the right to privacy had little standing constitutionally. Following on from this standard-setting, notably, both rights have taken on added importance in our modern technological society. Nevertheless, the formulation of privacy into a legal doctrine of human rights seems to have presented a fundamental tension in relation to freedom of expression. As a matter of legal logic, the courts, through a consideration of the law, examine the substantive legal issues in terms of a balancing process, whereby the interest in privacy is balanced against the interest in freedom of expression. It is a matter of broad principle for the courts to rely on injunctions as ancillary instruments of equity in doing justice in this field. Significantly, while the elementary norm of an injunction is that it commands an act that the court regards as an essential constituent to justice, unfortunately, many contend that judges have gone beyond this point, and this is shifting opinions. In fact, serious concerns have been frequently expressed about the extent to which the rich are easily able to invoke the discretion of the court to grant injunctions in a fashion that remains an antithesis to the principle of open justice and also undermines the exercise of freedom of speech. While this suspicion is not entirely new to matters of procedural law, the recent case, PJS v News Group Newspapers turned on this controversy. Therefore, the aim of this paper is to examine the complexity of celebrity privacy injunctions in the age of the internet and question its relevance, as we outline the extent to which social media is challenging the authority of the state (judiciary) in this direction.Peer reviewedFinal Published versio

    Concern for information privacy in South Africa: An empirical study using the OIPCI

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    Please follow the DOI link at the top of the record to access the published version of this article online on the website of the journal.The information privacy concern of consumers concerning the processing of their personal information by online organizations (websites) is investigated in this study by means of a quantitative approach. An overview of existing concerns about information privacy instruments are presented based on a literature review. The Online Information Privacy Concern Instrument (OIPCI) is used to study consumers’ expectations and experience regarding information privacy principles in order to identify their concerns about information privacy. The study was conducted in South Africa with a demographical representative sample of 1000 participants. Gaps were identified where consumers experienced that online organizations were not meeting their privacy expectations. This indicated that the regulatory requirements (in this case, the Protection of Personal Information Act (POPI) are perceived as not being met. The results indicate that while consumers in South Africa have a high expectation for privacy, it is not met in practice. Corrective action and interventions are required from a government and online organization perspective.Women in Research Grant of UNISA.School of Computin

    Lecture: Law, Adjudication, Human Rights, and Society

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