Privacy Flashcards
What part of the European convention of human rights led to us having privacy laws? How?
Article 8- right to privacy
Private life, correspondence, family life, home life
Embedded into human rights act 1998
So people can be tried for breaking this law
What does the editors code of practice say about privacy?
Clause 2 of editors code of practice calls for REASONABLe expectation of privacy
It is unacceptable to photograph people in private places without consent.
Do not intervene into people private life
What does the ofcom code say about privacy ?
Section 8 of ofcom broadcasting code says-
Any infringement of privacy in programmes or obtaining materials related to them must be justified with public interest
Private lives and public places require some levels of privacy -
What 3 privacy laws / regulations do we appeal to when answering privacy questions
Section 8 of European convention of human rights embedded into human rights act 1998
Editors code (print) - section/ clause 2
Ofcom (broadcast) - section 8
What 2 things to judges have to weigh up when dealing with privacy court cases ?
Is it in the public interest ?
How does this intervene with freedom of expression (article 10 European convention of human rights) - freedom of expression - the higher up someone is society - the stronger ur argument for freedom of expression
What happened with JK Rowling and privacy laws ?
In the leveson enquiry Rowling talked about media intrusion and taking photos of her youngest son on the street.
Court of appeal said child had reasonable expedition of privacy (appealing to editor’s code sections 2 and 6- children)
What happened with Ryan giggs and his privacy order? Link to defamation
He got an injunction banning Imogen Thomas from speaking about affair. Appealing to privacy (section 2 of editors code)
This meant press could not name him.
But John hemming named him in parliament using his absolute privilege.
This meant media now had qualified privilege in reporting it (part 1) against any defamation claim
What happened to cliff richard in regard to privacy
Won case of over 200,000 against bbc for breaking news and filming house of cliff after it was revealed his was being investigated for child sexual abuse claims
What happened to Naomi Campbell and privacy ? Relating to health
So Campbell won case against mirror group who posted photos of her leaving rehab - breached her right to privacy over her health.
There was some public interest in the story - as she had denied being addicted to drugs.
How we the rest of the elements. Where she was receiving help and long lense photographs were deemed excessive
What does privacy laws say about editors code part 10?
In terms of surreptitious filming and covert devices - it is in general considered more likely to be intrusive into privacy as target would be more unaware and may consider the situation they were in to be private
In terms of the wording of privacy claims in ipso and ofcom - what do they both say
People have
Legitimate EXPECTATION of privacy - OFCOM
People have
reasonable expectation of privacy -
IPSO
How does privacy laws apply when there is a major emergency incident?
Ofcom says broadcasters should not take footage or audio caught up in emergencies or personal tragedies even in public as this is breach of privacy
However there are exceptions of punlic interest. E.g Westminster bridge attack
