Privacy, 'public interest' and case studies

Question 1

Where can the most extensive definition of public interest that can be used to defend against media law actions be found?

Answer 1

IPSO editors code of practice.

Question 2

Why is the IPSO code significant to UK journalists?

Answer 2

Because their statutory defence for the purposes of journalism under section 32 of the 1998 Data Protection Act is dependant on any processing of private data being in the public interest.

Question 3

Why might there be an increased litigation against online journalists?

Answer 3

processing data for the purpose of journalism can be seen as private information.

Question 4

‘the new criminal libel’

Answer 4

• Where private information concerns the reputation of an individual, the law is developing into a telescoping and overlapping of privacy and libel.
• Max Mosley & ERY vs are examples.
• Is based on the fact that in the old law of English, criminal libel even if it was true it also had to prove public interest.
• It was abolished by coroners justice act 2009 but is being revived in the current developments of privacy law.

Question 5

CASE STUDY: PressGazette 2016

In relation to section 32 of the 1998 data protection act, processing private data

Answer 5

• Publication Press Gazette
• ‘reporting on british journalism since 1965’
• ‘Our mission is to provide a news and information service which helps the UK journalism industry do its crucial work more effectively.’
• A part of IPSO
• 1st July 2016
• Dominic Ponsford wrote an article on how Brexit made newspaper sales rise, naming the data rises for a few publications.
• Under section 32 of the 1998 data protection act could it be argued that this processed data is in the public interest?
  None of the publications have yet proceeded to sue.

Question 6

CASE STUDY: Max Mosley vs The News of the World 2008

Answer 6

• news of the world said max mosleys S&M party was nazi themed
• this was a reputation issue which the judge ruled it wasn’t, without the public interest dimension of truth, the revelations of mr mosleys private sexual activites became a breach of privacy.
• the case can be argued to be libel and privacy

Question 7

CASE STUDY: ERY v Associated newspapers Ltd 2016

Answer 7

• there were allegations that two buissnses, company A and company B were in finacial crimes together and were raided and arrests made.
• this study suggests that privacy law can now prevent news media from reporting that an individual has been interviewed by the police under caution - not yet on trail or found guilty.
• mr justice nicol found in his ruling he should not be named.
• this was not in the public interest, and breaches libel and privacy.

Question 8

CASE STUDY: FROZEN IN A CRYOGENIC STATE 14- YEAR OLD

Answer 8

• judicial control over the reporting of clear public interest matters
• 14 year old cancer victim who wanted to be frozen in a cryogenic state when dead
• parents initially disagreed
• mr justice peter jackson postponed reporting of the case until one month after her death.
• contempt of court for media to indentiy her or anyone involed like fam or docotrs.
• carry out wishes of girl but allow family to grieve

Question 9

Warrented: Ofcom, privacy and public interest

Answer 9

It means that where broadcasters wish to justify an infringement of privacy as warranted, they should be able to demonstrate why in the particular circumstances of the case, it is warranted. If the reason is that it is in the public interest, then the broadcaster should be able to demonstrate that the public interest outweighs the right to privacy.