Regulation, Privacy Part 2 Flashcards
What has case law established?
Reasonable expectation of privacy in relation to sexual relationships including adulterous relationships
What do children have in regards to privacy?
“Reasonable expectation of privacy” irrespective of location
So if they are in public (on family outing) their privacy can be breached if they are filming it photographed with parental consent
Cite Paul Weller case (after 3 of children plastered all over Mail Online in 2012) won 10k in damages
What are methods used to obtain private info
Court will consider method in which private info was obtained
So if someone filmed or photographed without permission they more likely to succeed in privacy action - as they may have reasonably expected situation was private
Someone repeatedly harassed or stalked by photographers might be more likely to persuade court
What is normally weighed up together in privacy case
A8 - claimants right to privacy
A10 - media’s right to freedom of expression
What will court consider in privacy case?
Whether publication has contributed to a debate of general interest to society
How well known is claimant?
Claimants prior conduct
Does info show he/she is hypocritical or projected a false image
How harmful was publication to claimant
Extent to which publication already in public domain
How can media minimise chance of privacy law suit?
By having regard to principle of proportionality
This means holding back on what’s published so publishing only part of image or footage or obscuring or pixalating the face
Good case for privacy?
Sir Cliff Richard case
What does clause 6 of Editors code say in response to notorious people
Fame, notoriety or position of a parent must not be sole justification for publishing details of a child’s private life
PI exeptions May apply, but must be paramount
What does the code say in response to interviewing or filming U16s or vulnerable adults
Clause 6 of Editors code says
“Pupils should be free to complete their time at school without unnecessary intrusion”
They must not be approached at school without permission if the school authorities
Children U16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless parent or guardian consents
An exceptional PI would need to be demonstrated to override the normally paramount intrests of the child
How may the code not be breached in response of children?
The code may not be breached by publication of a photo or footage of a child in a public crowd situation
Footage should not be shown if child is shown in a way which could cause them distress, embarrassment or humiliation
What does Section 8 of Ofcom code say about children?
“Broadcasters should pay particular attention to the privacy of people under 16”
When a programme features an individual under 16 or a vulnerable person in a way that infringes privacy, consent must be obtained from a parent or guardian
What is clause in editors code about hospitals or similar institutions
Clause 8
Permission must be sought from the institutions management to pursue inquiries in non-public areas - this is usually done via the press office
Persimmons to film, photograph or record must be sought
Patients have a reasonable expectation of privacy in non public areas
What should be done about info on SM?
Text, images or footage taken from peoples SM sites or CCTV footage should be reproduced with care if it includes sensitive info
Media will breach code if they punks in anything protected by privacy setting and if media intrudes into someone’s privacy
Unless PI provision applies, or consent has been gained
Or that person has publicly disclosed that or similar info previously
