new gathering and confidentiality

Question 1

what is a breach of confidence?

Answer 1

Breach of confidence is a tort.It is based of the principle that if a person is given information in confidence, they should not take unfair of advantage from it or profit

Question 2

who would you use the breach of confidence statute?

Answer 2

businesses, governments or individuals use it to protect information they believe to be officially or commercially sensitive or private

Question 3

what is breach of confidence the foundation stone too?

Answer 3

privacy law

Question 4

Commercial secrets?

Answer 4

employees have a secret to protect commercially sensitive information e.g new products

Question 5

what is a relevant case study?

Answer 5

spy catcher case, government tried to stop former mi5 spy posting secrets and claimed all employees have a life long duty not to reveal and they ordered for an injunction.However, after a lengthy battle, the government were unsuccessful in stopping the books publication.

Question 6

what are the three elements that would make up a breach of confidence?

Answer 6

quality, obligation and detriment

Question 7

what does quality mean in reference to three elements of confidence?

Answer 7

the information must have the necessary quality of confidence. information is not confidential if it in the public domain already e.g spy catcher case study. just because something is marked private does not mean it is

Question 8

what does obligation mean in reference to the three elements of confidence?

Answer 8

the information must have been shared in circumstances imposing obligation
e.g a contractual relationship, personal relationship, unethical behaviour.
In addition, third parties, journalists who come into potential of confidential information have a legal duty to respect obligation of confidence.

Question 9

what does detriment mean in reference to the three elements of confidence?

Answer 9

there must of been an unauthorised use of the confidential information. to the detriment of the person using it. they must be at risk of some sort of detriment, doesn’t have to be financial

Question 10

what is the main to stop media publishing confidential information?

Answer 10

interim injunction- this type of injunction is intended to “hold the line” until a case is heard
an interim injunction applies to all media organisations everywhere

Question 11

what are the different types of remedies for a breach of confidence?

Answer 11

-an injunction
-delivered up, material returned or destroyed
-damages or an account of profits
- a court could order a journalist to reveal the course to prevent further breach, ipso and ofcom code are against this

Question 12

what is a relevant case study? (payout)

Answer 12

max Mosley was paid 60,000 against the news of world for disclosing unauthorised personal information, a breach of confidence. the paper story was he had involvement in an orgy with prostitutes, the material was gained undercover and this was a breach bcos there was no public interest.

Question 13

what are defences?

Answer 13

public interest-Section 12 of the Human Rights Act 1998
information- a defendant can argue it never had the necessary quality of confidence e.g because it is trivial or unlikely to cause detriment or it was already in the public domain
- to correct a false image, e.g the David and Victoria became case study

Question 14

what are the rules around protecting sources?

Answer 14

-A judge can order a journalist to reveal their source.however, if a journalist has promised they will keep anonymity, they have a ethical obligation not to disclose this. The obligation is set out in clause 14 of the editors code and under section 7 of the broadcasting code.

a journalist who does not reveal a source when told too, could be found in contempt of court which could lead to jail or a fine.
there may be some protection for journalists under certain acts.

Question 15

what does clause 14 of editors code state?

Answer 15

“Journalists have a moral obligation to protect
confidential sources of information.” a relevant case study would be Bill Goodwin

Question 16

what two acts could protect a journalist?

Answer 16

article 10, freedom of expression- protects rights to receive and impart information
,this is more likely to prevail if the journalism is in the public interest

-section 10 of the 1981 acts gives journalists some protection known as the shield law, stating a journalist is not in contempt unlessin the interests of justice, national security or the prevention of crime
and disorder.

Question 17

what is best for a journalist to do in order to protect a source?

Answer 17

-only promising anonymity if it will be ethically defensible as in the public interest
-assume interception may happen, e.g not emailing each other, using a pay as you go phone

Question 18

what are two types of news-gathering ?

Answer 18

harassment, clause 3 of editors code - if a person or company make it clear they will not be commenting, a journalist should respect this unless justified
doorstepping, 8.1 of broadcasting code- should only be done if warranted /ambush technique e.g politicians

Question 19

what are the rules surrounding reporting suicide and crime?

Answer 19

-coverage should not contain excessive detail to avoid simulative acts, under 2.5 of broadcasting code unless public interest could apply with audit trail needed
-reporting crime, clause 9, relatives or friends of the convicted should not be revealed unless consent or relevant to the story

Question 20

rules surrounding undercover investigation?

Answer 20

-any undercover investigation must be justified, clause 10 of ipso
- meaning journalists must not obtain information using hidden cameras, mics , intercepting voicemails or emails or taking photos without consent unless it cannot be obtained by other means and is in the public interest

Question 21

what will regulators ask for for proof an undercover investigation was justified?

Answer 21

regulators will ask for prima facie evidence that there was wrongdoing and the methods were justifiable and an audit trail.

Question 22

what is a relevant case study relating to undercover investigating?

Answer 22

sunday times reported recordings of British medic boasting about doping number sportstars, dr mark bonar

Question 23

what does section 5 of the broadcasting code cover?

Answer 23

-section 5 of the broadcasting code covers due accuracy and due impartiality meaning news should always be reported with due impartiality and due accuracy

Question 24

what does due prominence mean in terms of relation to section 5 of the broadcasting code?

Answer 24

there should be no undue prominence given to particular opinions or bodies.
- this rule means not favouring one side or the other, however this doesn’t mean they need to be given equal air time, just proportional.
-no politicians can be used as newsreaders unless exceptionally justified or made clear
-the code does permit personal view if made clear to the audience

Question 25

what are the rules surrounding photos and filming in public place?

Answer 25

-there is no criminal law stopping photographing or filming in a public place

Question 26

what should a journalist do if they experience a problem by the police to stop filming?

Answer 26

-point out the guidance issued by the college of policing

Question 27

what does the guidance issued by the college of policing read?

Answer 27

-the police have no power or moral responsibility to stop the media filming or similar activity
- this covers incidents or police personnel
- once an image has been recorded police have no right to seize equipment or order for deletion of the images
-check the place is public though

Question 28

a relevant case study to police stopping filming?

Answer 28

Charlotte Lynch covered a oil protest and was arrested by Hertfordshire police even though she showed her press pass. the police later apologised