7/30/2019 Privacy 2012 New
1/14
Privacy and freedom
of expression
http://www.youtube.com/watch?v=RUwFQUCqra07/30/2019 Privacy 2012 New
2/14
Whats at stake?Individuals
right to privacy
and privatespace away
from public
view
Public
domain and
the publicinterest
freedom of
expression
http://www.youtube.com/watch?gl=GB&hl=en-GB&v=DzRV4O-Mb0E7/30/2019 Privacy 2012 New
3/14
Hacking, but not just: Other regular
intrusions on privacy Door-stepping isinterviewing someone orrecording an interview or
attempted interview withsomeone without priorwarning.
Intrusion on private
property Long lenses: ie Kate
Middleton or celebrity onbeach: is it public
property?
7/30/2019 Privacy 2012 New
4/14
Ethics: When might the private become
public? The public domain
Position of individual insociety eg privilege,power, authority, publicresponsibility
What they have doneeg wrongdoing,achievement, topicality
Involvement in major
newsworthy incidenteg their story is part ofthe story-telling andfact-finding
7/30/2019 Privacy 2012 New
5/14
Test: is a politician/celebritys
private life in public interest? Should there be a difference between a
politician/celebrity? eg privilege, power,authority, public responsibility
Tiger Woods and Clinton/ Coogan andPrescott:
Is there a case of hypocrisy?
Integrity. Does dishonesty/misdemeanourin one arena of life reflect on standards ofhonesty in another?
Ability to perform job affected?
Are there standards of morality that needupholding?
Are they a role model/ trading on a falseidentity?
If you live by the sword you must die by
the sword. Really?
7/30/2019 Privacy 2012 New
6/14
Can intrusions in privacy be justified?
Two views David Leigh, Guardianinvestigations
editor: Investigative journalism is not adinner party, particularly in a secretivecountry like ours where privacy cardsare stacked in favour of the rich andpowerful.
FormerNews of the Worldfeatureseditor Paul McMullan at Leveson:
"In 21 years of invading peoples'privacy I've never actually come across
anyone who's been doing any good. "Privacy is the space bad people need
to do bad things in.
"Privacy is for paedos. Privacy is evil, itbrings out the worst qualities in
people."
http://www.youtube.com/watch?v=7YbcXzVXlZw&feature=related7/30/2019 Privacy 2012 New
7/14
Is this justified? From DailyMailFormer Labour MP Claire Ward claims the News of the Worldmayhave contributed to the loss of her baby because of the stress itcaused after threatening to publish a story about her.
The politician says she received a call from the newspaper inDecember 2004, the same time that private investigator GlennMulcaire was trying to access her voicemail
The 40-year-old ex-MP does not say what the paper threatened topublish but said this stress while we were away had an impact onmy health
I cannot help but think that the stress I was placed under in theearly stages of my pregnancy, particularly during my stay in Riga,may have contributed to the eventual loss of my baby.
The former MP for Watford said she believed newspapers have aright to hold politicians to account but that she suffered intenseand repeated interest in her personal life as the youngest womanMP.
In 2001 she says she failed to stop the News of the Worldpublishing a story about her and a Royal Marine dubbed CaptainHunk during a fact-finding trip to Kosovo
The ex-MP, who has already been awarded damages for phone-hacking from News Group Newspapers, told the reporter it wasall complete nonsense.
She said she was only 28 at the time but the experience left her
fearing calls from Sunday newspapers and a sense of relief whena Sunday deadline had passed.
7/30/2019 Privacy 2012 New
8/14
Regulations: Justify privacy intrusion:
Intrusion into grief or shock Difficult balance between legitimate
public interest, informative story-telling,
and privacy in the reporting of accidents,
disasters.
PCC Regulations: In cases involvingpersonal grief or shock, enquiries and
approaches must be made with
sympathy and discretion and publication
handled sensitively.
Door-stepping should be a last resort iea request for interview has been refused
or it has not been possible to request an
interview or it is likely to be refused.
Is 'death knock' sensitive?
7/30/2019 Privacy 2012 New
9/14
Regulations:
BBC guidelines
Balance public interest in fulland accurate reporting ofstories involving human
suffering and distress withindividuals privacy andrespect for their human dignity
Justify intrusions into
individuals private life withoutconsent by demonstratingclear public interest
Report private legal behaviour
of public figures only wherebroader public issues are
raised
7/30/2019 Privacy 2012 New
10/14
Law: Human Rights Act
(Article 8 of European Convention) Everyone has the right to respect for their private and family life,
their home and their correspondence
Infringement must be necessary
In interests of national security,public safety or economic well-being
Prevention of disorder or crime Protection of health or morals,
or rights and freedoms of others
Mosley case: he could expect privacyfor consensual "sexual activities
(albeit unconventional)" No public interest or other justification
for clandestine recording, for publication of resulting information.
Damages relatively low 10k-60k. But phone hacking changedthis Dowler compensation 2m
Added to pressure for pre-publication injunctions. Mosley wantsto strengthen law here
http://www.reuters.com/video/2008/07/24/racing-boss-mosley-wins-privacy-case?videoId=877037/30/2019 Privacy 2012 New
11/14
Freedom of expression
(Article 10) Before the HRA
journalists free toexpress yourself unlessthe law prevented youfrom doing so eg libel,
contempt of court,official secrets.
With the new Act theright of freedom is now
expressly guaranteed.
Limited in similar waysto privacy in Article 8.
7/30/2019 Privacy 2012 New
12/14
Public and public sphere changing for all Public sphere (Habermas) and
private space Papacharissi: Pressure
towards this being redefinedonline
Money to be made byinvading your privacy bycompanies
You may voluntarily decideto forego privacy to engage
in social networks or to makepurchases
Engaging in public spherefrom privacy of your ownhome: ie blogging
http://www.youtube.com/watch?v=1Pebihz0FJA7/30/2019 Privacy 2012 New
13/14
Justify private
property/consent
Infringement of privacy shouldbe with the persons consent ifnot overriding public interest.
Ask for permission before
filming or recording. Places where public has
general access maybe justified.
BBC guidelines state:We normally leaveprivate property whenasked to do so by the
legal occupier.
7/30/2019 Privacy 2012 New
14/14
SeminarYou are an editor.Which of the following stories would you include in tomorrows
newspaper? Give reasons with regard to ethics, publicinterest, guidelines and the law
a) The Max Mosley case
b) By hacking you have learnt David Cameron is conducting anaffair with Home Secretary Theresa May.
c) A popular 8-year-old boy in your local area has died in anaccident and the only way to get the full story by deadline isby door-stepping his family.
d) A senior Labour MP, tipped for a Cabinet position in the next
reshuffle, has registered his civil partnership to his long-timemale partner at a small ceremony attended only by relatives.
e) Angelina Jolie and Brad Pitt have announced the adoption ofa six year-old Guatemalan child with severe disabilities.
f) By hacking you have learnt David Cameron plans to start awar with Iran in two weeks time.