March 19, 2012
Common law and statutory qualified privilege — two different types of defences:
Data Protection Act 1998
§32 — data that is held for the purposes of journalism
Unlawful procuring of information: Criminal Justice and Public Order Act 1994
Campbell v. MGN
Protection from Harassment Act 1997
Regulation of Investigatory Powers Act 2000
PCC Code / Ofcom Broadcasting Code
Provision that individual’s privacy should not be breached a very important part of codes.
Privacy should not be breached unless it’s in the public interest
Proportionality: is the breach that’s taking place proportionate to the wrongdoing being exposed?
Areas of privacy:
People in distress
Suicide — number of regulations to respect families and prevent copycats. Not allowed to be very in-depth. Photo of individual about to jump from bridge or window not allowed.
Key test: “A reasonable expectation of privacy”
An address of a celebrity
Not acceptable to identify location of individual’s house.
Filming with police
Methodology for gaining private information
Filming in public places
If visible to naked eye in a public place, it’s probably acceptable.
Long range lenses: care must be used.
Next week: copyright. Last one before Easter Break! Go through everything in syllabus before class returns after break!