Privacy and ethics- ML Year 1

What is the privacy law based on?

Article 8 of European Convention on Human Rights (ECHR)

What is Article 8 of European Convention on Human Rights (ECHR)?

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

What is Article 8 ECHR balanced against?

Article 10 ECHR

What is Artice 10 of European Convention on Human Rights (ECHR)?

Everyone has the right to freedom of expression, including the right to receive and impart information. Journalists must balance privacy with public interest. 

What are the key principles of privacy law?

Reasonable expectation of privacy:

1. The legal test- did they have reasonable expectations of privacy? E.g. private area/situations, inside someone’s home or private emails, texts or calls.

What is the misuse of private information?

Can be the basis for a civil claim in court occurs when information is private and publication is not justified by public interest.

What does the independent press standards organisation (IPSO) enforce?

The editors code of practice.

What is the Editors code of practice- Clause 1?

Accuracy- Must take care not to publish inaccurate or misleading information

What is the Editors code of practice- Clause 2?

Privacy- Everyone is entitled to respect for private and family life 

What is the Editors code of practice- Clause 3?

Harassment- Journalists must not persist in questioning or photographing when asked to stop

What is the Editors code of practice- Clause 4?

Intrusion into grief- approach with sensitivity; publication should be handled with care

What is the Editors code of practice- Clause 5?

Reporting suicide- acts of care should be taken to avoid excessive detail of the method used to prevent simulative acts while considering medias right to report legal proceedings.

What is the Editors code of practice- Clause 6?

Children- Under 16s must not be interviewed or photographed without consent

What is the Editors code of practice- Clause 7?

Children in sex cases- no child should be identified in relation to a sex offence

What is the Editors code of practice- Clause 10?

Clandestine devices- No hidden cameras, microphones or subterfuge unless in strong public interest. 

What is the public interest justification (IPSO + privacy law)?

A potential defence if: exposing serious wrongdoing or criminality, protecting public health/safety, preventing the public from being misled 

What are 2 examples?

1. Campbell v MGN (2004)- Naomi Campbell’s rehab photos, she had a reasonable expectation of privacy 

2. Murray v Big Pictures (2008)- JK Rowling’s child in public, child’s privacy upheld despite being in a public place 

What are risks for journalists?

• Sued for misuse of private info 

• IPSO ruling and reputational damage 

• Risk of intrusion or harassment complaints (esp doorstepping or funeral coverage) 

• Using hidden cameras or false identities without clear justification