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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Rethinking Alcock in the new media age
AU - Chatterjee, Bela Bonita
PY - 2016/12
Y1 - 2016/12
N2 - Whilst the English law of tort is generally favourable towards the psychiatric damage claims of primary victims, claims from secondary victims are treated in a much more restrictive manner. The leading case of Alcock v Chief Constable of South Yorkshire Police (Alcock) arising from the Hillsborough disaster establishes that amongst other things, secondary victims must overcome a number of control mechanisms in order to found a duty of care in negligence: There must be a close proximity of relationship with the immediate victim; and proximity in time, space and perception in relation to the shocking event. In relation to the means by which the shock is caused, the House of Lords in Alcock emphasised that perception was generally expected to be with one’s own unaided senses and that the viewing of a television broadcast of events would not normally suffice. However, the decades since the judgment have witnessed an explosion of new media platforms and technologies which have arguably transformed the dissemination of imagery. In light of this transformation, this article seeks to consider the implications of such technologies for the legal framework arising from Alcock, suggesting that the current approach fails to recognise the realities of the modern age in a number of ways. Looking to Australian jurisprudence as a basis for change, this article proposes how the law might be reformed to better reflect the contemporary world.
AB - Whilst the English law of tort is generally favourable towards the psychiatric damage claims of primary victims, claims from secondary victims are treated in a much more restrictive manner. The leading case of Alcock v Chief Constable of South Yorkshire Police (Alcock) arising from the Hillsborough disaster establishes that amongst other things, secondary victims must overcome a number of control mechanisms in order to found a duty of care in negligence: There must be a close proximity of relationship with the immediate victim; and proximity in time, space and perception in relation to the shocking event. In relation to the means by which the shock is caused, the House of Lords in Alcock emphasised that perception was generally expected to be with one’s own unaided senses and that the viewing of a television broadcast of events would not normally suffice. However, the decades since the judgment have witnessed an explosion of new media platforms and technologies which have arguably transformed the dissemination of imagery. In light of this transformation, this article seeks to consider the implications of such technologies for the legal framework arising from Alcock, suggesting that the current approach fails to recognise the realities of the modern age in a number of ways. Looking to Australian jurisprudence as a basis for change, this article proposes how the law might be reformed to better reflect the contemporary world.
KW - Law
KW - Alcock
KW - negligence
KW - tort
KW - new media
KW - technology
KW - psychiatric damage
KW - secondary victims
KW - Hillsborough
U2 - 10.1515/jetl-2016-0013
DO - 10.1515/jetl-2016-0013
M3 - Journal article
VL - 7
SP - 272
EP - 299
JO - Journal of European Tort Law
JF - Journal of European Tort Law
SN - 1868-9612
IS - 3
ER -