Privacy & Trespass Flashcards
Is privacy absolute?
No, it’s around the freedom of expression, cornerstone of democracy. Competing freedoms such as right to a fair trial.
If all identification is okay, where is the line?
It’s not always the intent but the outcome. use caution and responsibility
What are 5 factors to consider
- Publishing private facts which are highly offensive and objectionable to a reasonable person of ordinary sensibilities. (ie. sex life)
- public facts which have become private again perhaps through the passage of time (the heart transplant)
- Prying - bit of a gray area, cant take photos of people in their house but could take a photo of the house. peering, late at night etc. illegal and would be an offense to film someone at night in their house. You can film from a public place, by law you don’t need consent. People have right to prevent unjustified public disclosure of information about their private lives,
- Intentions of disclosure to harrass/settle scores ie. Dr Ranganui Walker
- Disclosure itself is objectionable rather than the content ie. Mike Hoskings
Does the clean slate law apply to media?
No
What are the 3 defenses?
- Public interest:
Legitimate concern to public, issues of public health/ safety /crime /politics /government /public admin.
Includes: disclose of hidden camera footage of a shop owner supplying equipment to help with the manufacture of P (in 2008); the disclosure of the HIV-positive status of a man being investigated for knowingly infecting people with HIV (in 2009); or the disclosure of allegations of sexual abuse against a former church worker (in 2004). - They weren’t identifiable. Needs to be people other than close friends/family who would recognise them ie. burger king lady. reminder not just the face that identifies people
- They were in a public space/it wasn’t private
What does copyright refer to?
The ownership of intellectual property (written material, books, pictures, songs, websites etc.) A patent is just an idea. governed by what you’re copying
What does the law of copyright say about ownership?
The owner of the copyright is the only person who may do things with his or her intellectual property.
Copyright for broadcasting
If TV program comes out, many are involved (directors, actors, writers etc.). Can’t say anyone particularly own intellectual rights. Owed to company making it. Copyright applies from when is first broadcast for 50 years. Also uses the “fair dealing” yardstick where you can use a reasonable amount.
Need to acknowledge!
Photos?
Need to ask owners permission
What about Facebook?
Some news organisations take pictures from Facebook, they may get away with it but material on the web is as subject to copyright as anything else. The reason people get away with taking stuff off the web is that it is up to the copyright owner to enforce copyright and many can’t be bothered or don’t even know about the infringement. But media have been stung when employees have taken pictures from the web without permission from the owner. The only thing to do in those circumstances is to pay the fee they demand (within limits – usually something like their normal fee).
Copyright for owners of other intellectual property?
Copyright lasts for the lifetime of the owner plus 50 years.
What two categories allow you to copy?
Criticism and review
Do I have to wait till the footage has been used?
You can use footage once it’s been played by their media outlet first. BBC or Al Jazeera footage might be a license fee or fair dealings. Sue for breach of copyright if someone were to steal a story etc.
What prohibition exists with recording?
Prohibition on use of interception device unless you are party to private communication or authorised by law
What are 2 examples of illegal action regarding recording
- Record a conversation you’re not party to
- Take a recording from someone who was not in the conversation
(this requires a warrant)
