Privacy

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Questions and Answers

What does the European Convention on Human Rights primarily protect citizens from?

  • Their own government (correct)
  • International organizations
  • World governments
  • Other citizens

The Human Rights Act of 1998 incorporated the ECHR into UK law.

True (A)

Name one right protected under Article 8 of the ECHR.

Right to respect for private and family life

If someone’s privacy has been invaded, they can seek a high court _________ to prevent publication.

<p>injunction</p> Signup and view all the answers

Match the following ECHR articles with their respective rights or freedoms:

<p>Article 2 = Right to life Article 5 = Right to liberty and security Article 10 = Freedom of expression Article 14 = Non-discrimination in respect of these rights</p> Signup and view all the answers

Which body can individuals complain to regarding privacy breaches?

<p>IPSO/Impress (C)</p> Signup and view all the answers

A reasonable expectation of privacy is assessed only by the media.

<p>False (B)</p> Signup and view all the answers

What must the media prove if a reasonable expectation of privacy is established?

<p>It was in the public interest to publish</p> Signup and view all the answers

The invasion of privacy can lead to legal action through ________ courts for damages.

<p>civil</p> Signup and view all the answers

Which of the following is NOT a reason the media may defend publishing private information?

<p>Providing entertainment (C)</p> Signup and view all the answers

What did the High Court rule regarding the case of Max Mosley?

<p>His privacy was breached due to lack of public interest justification (A)</p> Signup and view all the answers

The privacy of individuals under investigation can generally be considered non-existent.

<p>False (B)</p> Signup and view all the answers

What factor might defeat a person's legitimate expectation of privacy if they are arrested?

<p>If the arrest is made in public.</p> Signup and view all the answers

The publication of paparazzi pictures of ________ taken in the street has led to privacy lawsuits.

<p>children of high-profile parents</p> Signup and view all the answers

In the 2003 case Peck v United Kingdom, what type of privacy breach was identified?

<p>Broadcast of CCTV footage of a suicide attempt (A)</p> Signup and view all the answers

What is the potential consequence of covertly taking pictures at a wedding held in a private place?

<p>It is likely to breach someone's privacy.</p> Signup and view all the answers

Health privacy laws fully allow the disclosure of all medical information without consent.

<p>False (B)</p> Signup and view all the answers

Match the following privacy concerns with their examples:

<p>Sexual privacy = Adulterous activities reported in the media Health privacy = CCTV footage of a suicide attempt Family privacy = Paparazzi photos of children Public interest = Arrest made in public</p> Signup and view all the answers

The courts have become more willing to protect people’s privacy around ________ relationships.

<p>sexual</p> Signup and view all the answers

Which of the following is a recognized factor that weakens reasonable expectations of privacy?

<p>Engaging in activities with public attention (C)</p> Signup and view all the answers

What is required for media to argue that the publication was in the public interest?

<p>The information must contribute to a debate of interest to society. (B)</p> Signup and view all the answers

A person can be photographed in their front garden if they are visible from the public view.

<p>True (A)</p> Signup and view all the answers

What key criteria must judges consider in privacy cases?

<p>Adherence to regulatory requirements, public interest justification, prior conduct of the individual, and how information was obtained.</p> Signup and view all the answers

An audit trail should be _____, created at the time of the discussion(s) and decision(s).

<p>contemporaneous</p> Signup and view all the answers

Match the following public interest defenses with their purposes:

<p>Protect public safety = Ensures the safety of the community Prevent disorder or crime = Addresses potential lawlessness Protect public from being misled = Maintains informed public Expose serious impropriety = Holds individuals accountable</p> Signup and view all the answers

Which option represents a condition under which a person has a reasonable expectation of privacy?

<p>In their private home. (C)</p> Signup and view all the answers

Editors are allowed to intrude into an individual's private life without needing justification.

<p>False (B)</p> Signup and view all the answers

What must a judge ensure regarding the publication's adherence in privacy cases?

<p>The publication adhered to Ipso or Ofcom’s regulatory requirements.</p> Signup and view all the answers

The principles of freedom of expression are valuable to _____ and society.

<p>democracy</p> Signup and view all the answers

Which of the following is not a valid reason for media to engage in publishing information about an individual?

<p>To entertain the public. (D)</p> Signup and view all the answers

Flashcards

European Convention on Human Rights (ECHR)

A set of rights and freedoms designed to protect individuals from their own government. It was drafted by the UK and signed into law in 1998.

Human Rights Act 1998

A UK law that incorporated the ECHR into British domestic law, giving individuals legal recourse to protect their rights.

Right to Privacy

The right to be left alone, free from unwanted intrusion or interference in one's personal life.

Reasonable expectation of privacy

A legal principle that determines if an individual had a reasonable expectation that their personal information would be kept private. This is the first step in assessing whether a privacy violation occurred.

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High Court Injunction

A legal document obtained from a court that prevents publication of information deemed to violate someone's privacy.

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Damages

Compensation awarded in a legal case by a court to a victim of privacy violation, for the damage caused.

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IPSO/Impress/Ofcom

Organizations responsible for regulating the media industry, including enforcing privacy laws and standards.

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Published Correction

A published correction or statement to rectify a privacy violation, often mandated by a regulator.

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Public Interest

Factors that justify the publication of private information, such as protecting public safety or preventing crime.

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Public Interest Factors

Factors considered when determining the public interest, such as protecting public safety, preventing disorder, or exposing serious impropriety.

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Privacy in Private Life

The right to keep personal information, such as sexual relationships, health, or investigations by the state, private unless there's a strong public interest.

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Privacy in Sexual Encounters

The law protects privacy in sexual encounters, even if they involve infidelity. Public interest must be proven for these to be revealed.

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Privacy Under Investigation

Even when being investigated by the state, individuals have a reasonable expectation of privacy, especially regarding the suspicion itself.

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Privacy & Public Arrest

Being arrested in public weakens privacy expectations, as it becomes more visible. This may not apply in rioting or similar situations.

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Circumstances Overriding Privacy

The right to privacy can be overridden if there's a compelling public interest. This could include the release of the suspect's name by the police.

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Privacy in Health Information

CCTV footage of a suicide attempt was ruled a breach of privacy, highlighting the importance of protecting sensitive health information.

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Privacy at Weddings

Weddings held in private spaces are protected by privacy laws. This means unauthorized photography can be a violation.

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Privacy & Covert Photography

Pictures taken discreetly or with long lenses are generally considered a breach of privacy unless there's a clear public interest justification.

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Privacy in Family Life

The public display of paparazzi pictures of high-profile children can infringe on their privacy rights. This can lead to legal action.

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Privacy in Correspondence

The right to privacy applies to correspondence, including mail, emails, and text messages. Unauthorized access is a violation.

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Privacy in a Back Garden

Taking photos of someone in their back garden is generally considered an invasion of privacy, unless the individual can be seen from a public road or they are engaging in illegal activity.

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Privacy in a Front Garden

Taking photographs of someone in their front garden is usually considered an invasion of privacy, unless the individual is hidden from public view.

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Public Interest in Privacy Cases

The media must demonstrate a strong public interest when reporting on someone's private life to justify potentially violating their privacy.

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Balancing Privacy and Freedom of Expression

When considering a privacy case, judges weigh the importance of freedom of expression against the right to privacy. They strive for a fair balance.

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Contribution to Public Debate

A key factor in deciding if a publication is justified in violating privacy is whether the published material contributes to a public debate or discussion that is relevant and beneficial to society.

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Public Figure's Privacy

The public interest defence for violating someone's privacy is more likely to apply to people who are well-known or have a public role.

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Prior Conduct and Privacy

Previous actions of an individual can be considered when deciding if their privacy has been violated. Prior misconduct may reduce their expectation of privacy.

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Ethics of Information Gathering

The media needs to demonstrate that they obtained information in an ethical and responsible way to avoid charges of privacy violation.

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Adherence to Regulatory Codes

Media organizations must adhere to the regulations set by organizations like IPSO and Ofcom regarding privacy and demonstrate that they followed these rules.

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Audit Trail for Privacy Cases

A thorough record of the decision-making process involved in reporting on a privacy-related issue, showing that the organization had a legitimate reason and followed ethical procedures.

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Study Notes

European Convention on Human Rights

  • Protects citizens from government intrusion
  • UK adopted the European Convention on Human Rights (ECHR) through the Human Rights Act 1998
  • ECHR established a major impact on UK media, especially regarding journalists and publishers

What is the Convention?

  • Sets out fundamental rights and freedoms
  • UK courts must consider the convention and its precedents in legal rulings

ECHR Rights

  • Right to life (Article 2): A fundamental right
  • Liberty and security (Article 5): Protection against arbitrary detention
  • Fair trial (Article 6): Right to a fair and public hearing
  • Avoid punishment for actions not previously illegal (Article 7): Protection against retrospective criminalization
  • Private and family life (Article 8): Importance of privacy and family life
  • Right to marry and family life (Article 12): Freedom to marry and form a family
  • Protection from discrimination (Article 14): Equal protection under the law,
  • Freedom from torture (Article 3): Unacceptable under any circumstances
  • Freedom from slavery (Article 4): Unacceptable in all circumstances
  • Freedom of thought, conscience, and religion (Article 9): Freedom of belief and expression
  • Freedom of expression (Article 10): Freedom to express ideas and opinions
  • Freedom of assembly and association (Article 11): Right to gather and form groups
  • Seeking Legal Remedies (Civil Courts): Court orders (injunctions) against publication and/or damages (money).
  • Regulatory Complaints: Complaints to press regulatory bodies.  
  • Possible Corrections or Fines If the regulator finds wrongdoing.

Stage 1 - Reasonable Expectation of Privacy

  • Did the person have a reasonable expectation of privacy in a particular situation?

Stage 2 - Public Interest

  • If privacy was reasonable, was the publication warranted in the public interest to protect public safety?

Stage 1 Factors (Reasonable Expectation of Privacy)

  • Location: If in public, it can lessen the expectation.
  • Actions: Was the person involved (engaged in) a private activity? (Private vs. Public)

Privacy Areas

  • Private Life: Includes sex life, health, and situations involving the state (investigation etc.)
  • Family Life: Relationships and children
  • Correspondence: (Letters, DMs, texts etc.)

Private Life Examples

  • Sexual encounters: Courts are protective of these unless the public has a strong interest.
  • People under investigation: Protected by a reasonable expectation of privacy
  • Privacy of home: (General)
  • Public place, reasonable expectation: Private activity/public place.
  • Media Scrutiny: (Photographic/Video recording)

Public Interest

  • Contributing to Debate of Interest to Society (Freedom of Expression is vital for democracy)
  • How Well-Known Person Involved
  • Previous Conduct of Person Involved

Factors Defeating Public Interest / Privacy Violation Cases

  • Location of the Arrest: Public arrests diminish privacy concerns.
  • Actions Under Consideration (e.g., Rioting): Actions are public; therefore, privacy concerns are weaker

Privacy vs. Rights:

  • People give up some privacy to live in society.
  • Courts must balance privacy with public interest.

Adherence to Regulation in Privacy Cases

  • Audit Trail Required: Evidence-gathering method is critical to verify actions taken regarding the public interest justification

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