Update considering the interaction of privacy rights and free speech within the digital environment.

It has been widely reported that globally recognised pop star, Taylor Swift, has threatened legal action against a University of Central Florida student, named Jack Sweeney.

The case has raised questions regarding complex legal issues around privacy, harassment, and free speech in the digital age. Sweeney is said to have been running several social media accounts that automatically track and provide live updates on the location of the private jet flights of various high-profile celebrities and figures. In fact, he claims to use publicly accessible data, to hold them accountable for their drastic toll on the environment.  Most recently, Sweeney honed in on Taylor Swift, who’s recent flights have generated a lot of attention.  In December 2023, Swift’s U.S. lawyers sent Sweeney a cease-and-desist letter, accusing him of engaging in “stalking and harassing behaviour”.  It was also asserted that the tracking of Swift’s flights constitutes an invasion of her privacy and poses a potential threat to her safety.  The counter argument made by Sweeney’s U.S. lawyers, as reported, is that his actions are merely a form of freedom of expression, and that he is only sharing already public information.

Whether or not this dispute results in Court proceedings remains to be seen. However, the situation highlights the difficulties in balancing the rights of privacy and the rights of speech and expression faced not just in the U.S., but also the U.K.

On one hand, you have Article 10 of the 1998 Human Rights Act, which provides that “everyone has the right to freedom of expression…without interference by public authority and regardless of frontiers”.  However, on the other hand, there is also the counterbalancing Article 8 which allows everyone the right to respect for his/her private and family life, his home and his correspondence. Also, the Data Protection Act of 2018, seeks to ensure that data is used fairly, lawfully, transparently, and with specific explicit purposes.

US Privacy Rights

Unsurprisingly, in the U.S., privacy laws vary from state to state, but individuals generally also have the right to digital privacy concerning their data. As such, this includes protection from harassment and intrusion into their personal lives.  Swift’s legal team asserts that Sweeney’s actions crosses the boundary between public interest and harassment, therefore violating her right to privacy.

Furthermore, this case highlights the extent to which free speech can exist within the digital realm.  Additionally, it poses questions regarding the extent to which people can use public data for the purposes of social commentary and criticism, specifically when it involves celebrities.

While the specific details of privacy law may slightly differ between the U.S. and the UK, the foundational principles are similar, however, the First Amendment to the Constitution in the US guarantees greater rights for the Press than in the UK.  In the U.K. the law seeks to find a balance between protecting the rights of individuals and the right of the Press to freedom of expression.

To learn more about Privacy Rights and Free Speech

For more information on privacy law or questions about right to privacy, please contact Jay Joshi, who is a Senior Associate at Taylor Hampton who specialises in commercial and media-related disputes, at 0207 427 5294, or email on [email protected]