Meghan Markle’s recent victory in her Privacy Ruling Court case is poised to pave the way for the introduction of new UK Freedom of Speech laws, set to be unveiled in the Commons this week.
Justice Secretary Dominic Rubb is scheduled to present proposals for a new Bill of Rights on Tuesday.
In a statement, Mr. Rubb emphasized that the reforms aim to reinforce traditional British rights and inject a healthy dose of common sense into the interpretation of laws and judgments.
Writing in The Times, Mr. Rubb highlighted that the Bill would bolster free speech by replacing privacy laws developed by the courts, underlining that Parliament holds the ultimate authority in legislation, not the UK courts.
The legal battle between Meghan Markle and the Mail on Sunday led to the recent Court of Appeal upholding the High Court decision affirming the Duchess of Sussex’s reasonable expectation of privacy regarding a letter she penned to her estranged father, Thomas Markle, parts of which were published by the newspaper.
Reflecting on Meghan’s triumph, the Justice Secretary expressed concerns about the shift towards privacy laws influenced by court decisions rather than elected lawmakers in the House of Commons, emphasizing the need for correction.
The ruling in Meghan’s case has sparked debates among lawyers and media experts, who argue that extending privacy rights to benefit the wealthy and influential sets a troubling precedent.
The Justice Secretary cited a previous landmark case involving Formula One tycoon Max Mosley in 2008, where judges were seen as shaping their own privacy laws.
Mr. Mosley, son of Sir Oswald Mosley, was exposed by the News of the World engaging in unconventional s–ual activities in a video obtained by the newspaper.
The High Court ruled in favor of Mr. Mosley, awarding him damages and asserting his right to privacy, irrespective of the nature of his activities.
The proposed new Bill of Rights aims to strike a balance between European Convention on Human Rights and quintessentially British rights enshrined in historic documents like the Magna Carta.
By emphasizing the pre-eminence of free speech and reinforcing Parliament’s role as the primary legislative authority, the reforms seek to prevent gradual expansion of rights through judicial interpretations.
A government source assured that the reforms would prioritize freedom of speech, elevating its importance in the hierarchy of rights.
