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Privacy and freedom of expression

Whats at stake?
Public domain and the public interest freedom of expression
Individuals right to privacy and private space away from public view

Hacking, but not just: Other regular intrusions on privacy


Door-stepping is interviewing someone or recording an interview or attempted interview with someone without prior warning. Intrusion on private property Long lenses: ie Kate Middleton or celebrity on beach: is it public property?

Ethics: When might the private become public? The public domain
Position of individual in society eg privilege, power, authority, public responsibility What they have done eg wrongdoing, achievement, topicality Involvement in major newsworthy incident eg their story is part of the story-telling and fact-finding

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 and Prescott: Is there a case of hypocrisy? Integrity. Does dishonesty/misdemeanour in one arena of life reflect on standards of honesty in another? Ability to perform job affected? Are there standards of morality that need upholding? Are they a role model/ trading on a false identity? If you live by the sword you must die by the sword. Really?

Can intrusions in privacy be justified? Two views


David Leigh, Guardian investigations editor: Investigative journalism is not a dinner party, particularly in a secretive country like ours where privacy cards are stacked in favour of the rich and powerful. Former News of the World features editor 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, it brings out the worst qualities in people."

Is this justified? From Daily Mail

Former Labour MP Claire Ward claims the News of the World may have contributed to the loss of her baby because of the stress it caused after threatening to publish a story about her. The politician says she received a call from the newspaper in December 2004, the same time that private investigator Glenn Mulcaire was trying to access her voicemail The 40-year-old ex-MP does not say what the paper threatened to publish but said this stress while we were away had an impact on my health I cannot help but think that the stress I was placed under in the early 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 a right to hold politicians to account but that she suffered intense and repeated interest in her personal life as the youngest woman MP. In 2001 she says she failed to stop the News of the World publishing a story about her and a Royal Marine dubbed Captain Hunk during a fact-finding trip to Kosovo The ex-MP, who has already been awarded damages for phonehacking from News Group Newspapers, told the reporter it was all 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 when a Sunday deadline had passed.

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 involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. Door-stepping should be a last resort ie a 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?

Balance public interest in full Regulations: and accurate reporting of BBC guidelines stories involving human suffering and distress with individuals privacy and respect for their human dignity Justify intrusions into individuals private life without consent by demonstrating clear public interest Report private legal behaviour of public figures only where broader public issues are raised

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 privacy for 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 changed this Dowler compensation 2m Added to pressure for pre-publication injunctions. Mosley wants to strengthen law here

journalists free to express yourself unless the law prevented you from doing so eg libel, contempt of court, official secrets. With the new Act the right of freedom is now expressly guaranteed. Limited in similar ways to privacy in Article 8.

Freedom of expression Before the HRA (Article 10)

Public and public sphere changing for all


Public sphere (Habermas) and private space Papacharissi: Pressure towards this being redefined online Money to be made by invading your privacy by companies You may voluntarily decide to forego privacy to engage in social networks or to make purchases Engaging in public sphere from privacy of your own home: ie blogging

Justify private property/consent


Infringement of privacy should be with the persons consent if not overriding public interest. Ask for permission before filming or recording. Places where public has general access may be justified. BBC guidelines state: We normally leave private property when asked to do so by the legal occupier.

Seminar
You are an editor. Which of the following stories would you include in tomorrows newspaper? Give reasons with regard to ethics, public interest, guidelines and the law a) The Max Mosley case b) By hacking you have learnt David Cameron is conducting an affair with Home Secretary Theresa May. c) A popular 8-year-old boy in your local area has died in an accident and the only way to get the full story by deadline is by 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-time male partner at a small ceremony attended only by relatives. e) Angelina Jolie and Brad Pitt have announced the adoption of a six year-old Guatemalan child with severe disabilities. f) By hacking you have learnt David Cameron plans to start a war with Iran in two weeks time.

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