Privacy, Regulators Code Part 1

Question 1

What is a breach of confidence?

Answer 1

Media org can be sued by an individual, company or governemnt department if it publishes something deemed to be in breach of confidence

A document labelled confidential doesn’t necessarily mean that it meets “quality of confidence threshold”

Does not link to trivial matters or anything already widely published

Question 2

How does court decide if a breach has or will occur

Answer 2

Using three criteria system

Question 3

What is the first in three criteria system?

Answer 3

1) Whether material has necessary “quality of confidence”

For example medical records or company secrets (but something already in public domain will not)

Question 4

What was Sun Printers vs WestMinister Press (Watford Observer)?

Answer 4

Court appeal ruled plans to make workers redundant had already been highly circulated - so didn’t have necessary quality of confidence

Question 5

What is second rule of 3 criteria?

Answer 5

Whether info was originally communicated in circumstances imposing an obligation of confidence (not to share)

For example company sending employees an internal staff memo telling them about planned redundancies that hadn’t been announced yet

Or plans for a new iPhone design etc

Patient telling doctor in confidence they have something.

Question 6

What’s the 3rd and final criteria?

Answer 6

If there has been unauthorised use of that information to the detriment of the party who originally communicated it

Detriment includes financial loss, embarrassment, loss of work etc

Question 7

What are legal remedies in civil law?

Answer 7

Injections (banning publication) - if media goes ahead could be prosecuted

Court may order a deliver up - return of the confidential info

Court may order journalist to disclose source of the information

Question 8

What May media orgs have to do when in court battle with breach of conficence?

Answer 8

Ordered to state account profits of story

Media have to pay owner of confidential source information for loss

Question 9

What are defences for breach of confidence?

Answer 9

Publication was in PI

Information didn’t have the necessary quality of confidence

A10 ECHR journalists should not be forced to reveal their sources unless in interests of justice, interests of national security or prevention of disorder or crime

Question 10

Examples of breach of confidence case

Answer 10

Beckhams took out an injunction on former body guard who had worked for them

He’d written a book “My life with the Beckhams”

Took him to court to ban some of book being published - breach of confidence

Question 11

What do journalist have a moral obligation to do?

Answer 11

Moral obligation to protect their sources if they request anonymity

Never reveal a confidential source of information, otherwise people won’t come forward with info for stories

Question 12

What can not revealing sources cause you?

Answer 12

Come in conflict with the law of police, court or legal tribunal says that you should reveal the source

Question 13

What could journos face if they refuse to obey court orders and reveal identify of source

Answer 13

Can be fined or jailed for contempt

Question 14

What do the codes say about revealing confidential sources

Answer 14

Say not to do it, even if threatened with fine or jail

Question 15

What was the Goodwin case?

Answer 15

Landmark case for journos

British didn’t give much protection for journos prior to this landmark case

1989 Bill Goodwin, was trainee Journo who published piece revealing firm was in financial trouble after being tipped off by confidential source

He was fined for breach of confidence under COC ACT

Appealed everywhere, all rejected, until took case to ECHR - citing A10. He won

Question 16

What is Section 10 of COC Act?

Answer 16

Goes off Goodwin case

Journo or media org should not be compelled by court to do anything which could disclose sources identity, whether naming them or handing over documents or records that could identify them unless court ruled that- “necessary in a democratic society because of an overriding requirement in the PI”

This law also means any official investigative action to discover sources identify by authorities (phone records, memory sticks) - can only take place after overriding requirement exists

S10 was superseded in Goodwin ruling, now use A10

Question 17

What is clause in editors code that relates to breach of confidence

Answer 17

Journalists have a moral
obligation to protect confidential sources of information”

Clause 14 of EC

Question 18

What do police and other agencies have power to do?

Answer 18

Conduct surveillance on journos

Secretly intercept communications

Gain communications data

Search journos homes

Question 19

What is Suzanne Breen case?

Answer 19

2009 judge accepted A2 as editor of Ireland Sunday Tribune newspaper meant she should not be compelled to give police notes and records of phone call she had with real IRA spokesperson

Judge ruled her life would be in real and immediate danger

A2 - right to live

Question 20

What can celebs do to stop publishing stories about them

Answer 20

Sue for tort if misuse of private info

Seek an injunction to ban publication

Question 21

How can privacy be breached?

Answer 21

The intrusive act of gathering private info which in itself distresses the subject, or discovery of it distresses subject it done without their consent

Publication of info without their consent

Question 22

What is A8 of ECHR?

Answer 22

Everyone has the right to respect for his private and family life, his home and his correspondence

Question 23

What is private code in IPSO

Answer 23

Clause 2

Everyone is entitled to respect for his or her private and family life, home, health and correspondence”

Question 24

Should someone have a reasonable expectation of privacy if in public place?

Answer 24

Yes if in distress, mental anguish, grief, unwell, suffering

(Etc Car crashes, suicide attempts)

Question 25

What is the exception to reporting times of stres

Answer 25

Terrorist attacks due to huge PI

Question 26

In circumstance of public distress what can you do to prevent people being identified?

Answer 26

Can use picture or video, but should take care to pixilated it so person cannot be identified

This is to prevent relatives and friends suffering shock if they have not been informed of their loved one