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Grassy Knole Clan

Sunday, Febuary 02, 2003

March 25, 1996 Benjamin N. Cardozo School of Law/ Yeshiva University. Sponsored by The Cardozo Arts & Entertainment Law Journal and The Howard M. Squadron Program for Law, Media and Society in conjunction with The Columbia Institute for Tele-Information. Summary Program About the Conference The United States is in the midst of a rush to increase reliance on systems of labeling, ratings, and classifications of information, largely concerning questions of violence, profanity, and sexual content. Amidst the proliferation of legislative proposals, industry responses, and private group activity, a new jurisprudence may be emerging, a rethinking of the relationship between individual listener and industrial speaker and the relationship between government and manufacturer of information. These tendencies are heightened by recent federal telecommunications legislation that ushers in the era of the V-chip and Internet content regulation. Our conference-in the wake of these developments-brings together top policymakers, industry representatives, and academicians to explore commonalities and differences in assumptions among media players. The conference is structured with roundtable/panels that will examine three themes: * contrasting private approaches to ratings and classifications systems * assumptions concerning the impact of ratings on audiences * implications for the First Amendment. In this conference, occurring at an historic time in terms of government policy and industry activity, experts from all sectors will present their views and audience participation is encouraged. This second Management Forum Media law conference brings together the various specialisms relevant to the media lawyer. Within the last year, there have been a number of significant appellate decisions, such as Campbell v MGN (HL) and Von Hannover v Germany (ECHR), that have raised more questions than they have answered. The Human Rights Act continues to generate much domestic case law, whereas the Data Protection Act and the Copyright Regulations 2003 remain relatively untested. The Freedom of Information Act is expected to result in a substantial number of access requests made by the media but at the present time this is just speculation. The conference is designed for both lawyers involved in media litigation and non-contentious work. It aims to review developments to date as well as to highlight, consider current and future issues and address areas of uncertainty raised by recent case law and statutory changes. The topics cover both substantive legal developments and practical experience, together (where relevant) with observations as to tactical use of the respective legislation in litigation. The speakers are highly regarded specialists within their field and include those who have been involved in many of the leading decisions. PR 44. Does the Charter of Rights and Freedoms protect my right to privacy? The Charter does not expressly list privacy as a right that is protected by the constitution. In Canada, in fact, the law does not give a general right to privacy, except in Quebec. People can infringe on our privacy in many ways. But the Charter of Rights does guarantee the right to protection against unreasonable search and seizure of our homes and property by the government. The courts have decided that when the Charter talks about this right, it is really talking about our right to privacy. The Charter also protects our "security of the person", which safeguards important aspects of our privacy. (03.31.98) PR 45. Which laws protect my privacy in Canada? Different laws protect specific aspects of our privacy. For example, some laws, both federal and provincial, restrict government use of certain information it gathers on Canadians. These laws set rules and guidelines for collecting our personal information, and who can have access to it. In Québec, the law applies to not just the government, but to the private sector as well. The Criminal Code also protects our privacy by forbidding the interception of private messages by any electronic device. (03.31.98) PR 46. Does any law guarantee my right to respect for my private life? The Québec Charter of Human Rights and Freedoms and the Quebec Civil Code does this. These are the only laws in Canada that expressly try to give broad protection to our privacy. However, several provinces have laws that gives individuals the right to go to court and sue someone who has invaded their privacy. And in some provinces where there is no such law, such as Ontario, the courts have said that this right to sue exists even without this legislation. (03.31.98) PR 47. I read about a man who secretly installed hidden cameras in his neighbour's house! Isn't that illegal in Canada? In that situation, which occurred in the United States, the man's neighbours had given him a key and asked him to look after their house. Installing those cameras was definitely an invasion of privacy. In Canada, what this man did was not a criminal offence. And because the government was not involved, the Charter does not apply. But the man's neighbor's could sue him in civil court for nuisance or invasion of their privacy, and there is a good chance that they would win and receive a money award. If the man had broken into the house and installed the cameras, he would have been guilty of the crime of breaking and entering. (03.31.98)

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