Podcast
Questions and Answers
What does the European Convention on Human Rights primarily protect citizens from?
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.
The Human Rights Act of 1998 incorporated the ECHR into UK law.
True (A)
Name one right protected under Article 8 of the ECHR.
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.
If someone’s privacy has been invaded, they can seek a high court _________ to prevent publication.
Match the following ECHR articles with their respective rights or freedoms:
Match the following ECHR articles with their respective rights or freedoms:
Which body can individuals complain to regarding privacy breaches?
Which body can individuals complain to regarding privacy breaches?
A reasonable expectation of privacy is assessed only by the media.
A reasonable expectation of privacy is assessed only by the media.
What must the media prove if a reasonable expectation of privacy is established?
What must the media prove if a reasonable expectation of privacy is established?
The invasion of privacy can lead to legal action through ________ courts for damages.
The invasion of privacy can lead to legal action through ________ courts for damages.
Which of the following is NOT a reason the media may defend publishing private information?
Which of the following is NOT a reason the media may defend publishing private information?
What did the High Court rule regarding the case of Max Mosley?
What did the High Court rule regarding the case of Max Mosley?
The privacy of individuals under investigation can generally be considered non-existent.
The privacy of individuals under investigation can generally be considered non-existent.
What factor might defeat a person's legitimate expectation of privacy if they are arrested?
What factor might defeat a person's legitimate expectation of privacy if they are arrested?
The publication of paparazzi pictures of ________ taken in the street has led to privacy lawsuits.
The publication of paparazzi pictures of ________ taken in the street has led to privacy lawsuits.
In the 2003 case Peck v United Kingdom, what type of privacy breach was identified?
In the 2003 case Peck v United Kingdom, what type of privacy breach was identified?
What is the potential consequence of covertly taking pictures at a wedding held in a private place?
What is the potential consequence of covertly taking pictures at a wedding held in a private place?
Health privacy laws fully allow the disclosure of all medical information without consent.
Health privacy laws fully allow the disclosure of all medical information without consent.
Match the following privacy concerns with their examples:
Match the following privacy concerns with their examples:
The courts have become more willing to protect people’s privacy around ________ relationships.
The courts have become more willing to protect people’s privacy around ________ relationships.
Which of the following is a recognized factor that weakens reasonable expectations of privacy?
Which of the following is a recognized factor that weakens reasonable expectations of privacy?
What is required for media to argue that the publication was in the public interest?
What is required for media to argue that the publication was in the public interest?
A person can be photographed in their front garden if they are visible from the public view.
A person can be photographed in their front garden if they are visible from the public view.
What key criteria must judges consider in privacy cases?
What key criteria must judges consider in privacy cases?
An audit trail should be _____, created at the time of the discussion(s) and decision(s).
An audit trail should be _____, created at the time of the discussion(s) and decision(s).
Match the following public interest defenses with their purposes:
Match the following public interest defenses with their purposes:
Which option represents a condition under which a person has a reasonable expectation of privacy?
Which option represents a condition under which a person has a reasonable expectation of privacy?
Editors are allowed to intrude into an individual's private life without needing justification.
Editors are allowed to intrude into an individual's private life without needing justification.
What must a judge ensure regarding the publication's adherence in privacy cases?
What must a judge ensure regarding the publication's adherence in privacy cases?
The principles of freedom of expression are valuable to _____ and society.
The principles of freedom of expression are valuable to _____ and society.
Which of the following is not a valid reason for media to engage in publishing information about an individual?
Which of the following is not a valid reason for media to engage in publishing information about an individual?
Flashcards
European Convention on Human Rights (ECHR)
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
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
Right to Privacy
The right to be left alone, free from unwanted intrusion or interference in one's personal life.
Reasonable expectation of privacy
Reasonable expectation of privacy
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High Court Injunction
High Court Injunction
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Damages
Damages
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IPSO/Impress/Ofcom
IPSO/Impress/Ofcom
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Published Correction
Published Correction
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Public Interest
Public Interest
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Public Interest Factors
Public Interest Factors
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Privacy in Private Life
Privacy in Private Life
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Privacy in Sexual Encounters
Privacy in Sexual Encounters
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Privacy Under Investigation
Privacy Under Investigation
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Privacy & Public Arrest
Privacy & Public Arrest
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Circumstances Overriding Privacy
Circumstances Overriding Privacy
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Privacy in Health Information
Privacy in Health Information
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Privacy at Weddings
Privacy at Weddings
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Privacy & Covert Photography
Privacy & Covert Photography
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Privacy in Family Life
Privacy in Family Life
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Privacy in Correspondence
Privacy in Correspondence
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Privacy in a Back Garden
Privacy in a Back Garden
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Privacy in a Front Garden
Privacy in a Front Garden
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Public Interest in Privacy Cases
Public Interest in Privacy Cases
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Balancing Privacy and Freedom of Expression
Balancing Privacy and Freedom of Expression
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Contribution to Public Debate
Contribution to Public Debate
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Public Figure's Privacy
Public Figure's Privacy
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Prior Conduct and Privacy
Prior Conduct and Privacy
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Ethics of Information Gathering
Ethics of Information Gathering
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Adherence to Regulatory Codes
Adherence to Regulatory Codes
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Audit Trail for Privacy Cases
Audit Trail for Privacy Cases
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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
Privacy Rights Violations (Legal Action)
- Seeking Legal Remedies (Civil Courts): Court orders (injunctions) against publication and/or damages (money).
- Regulatory Complaints: Complaints to press regulatory bodies. Â
- 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:Â 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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