Mar 19, 2012 2 min read archive

Media Law lecture -- Privacy continued

Section 4(2) -- postponement order. Allows postpone publication of proceedings. Not forever. For avoiding a substantial risk of prejudice in administrating justice.
Section 39 -- Children and Young Persons Act 1933. Wide-ranging order allowing courts to grant order preventing identification of anyone 17 or under involved in court proceedings, either criminal or civil.
Section 11 order -- Allows court to withhold name of individual from public. I.e., in a blackmail case.
Common law and statutory qualified privilege -- two different types of defences:

Defamation act (statutory) -- public forums fairly and accurately reported are protected under qualified privilege.
Common law privilege -- derived from judge-made law. Reynolds Defence. A matter of public interest, which has been reported responsibly, can be defended as such. +Article 2 -- Right to Life. If someone’s life is at stake due to reporting, injunction can be put up against identification

If an injunction is being sought against a matter that touches upon a matter relating to freedom of speech, newspaper must be contacted and judge shouldn’t granted unless it felt applicant is going to win.
Rules on reporting in the youth court: reporters allowed, public is not. S49 of Children and Young Persons Act 1933 states that anyone 17 and below shouldn’t be identified (automatic ban).

Privacy

Data Protection Act 1998
Journalistic exemption
§32 — data that is held for the purposes of journalism
Individual doesn’t have the right of access to find what info is held on him/her
Court shouldn’t grant injunctions prior to publication over individual data held
Unlawful procuring of information: Criminal Justice and Public Order Act 1994
Accessing private data without public permission can be a criminal offence.
Campbell v. MGN
If you’re asking someone to unlawfully obtain information on your behalf, that can also be a criminal offence.
Individual journalists/media agencies should be listed with the Information Commissioner.
Protection from Harassment Act 1997
Criminal offence to pursue a course of conduct that can be considered harassment
Regulation of Investigatory Powers Act 2000
Criminal offence to intercept communications without appropriate authority.

PCC Code / Ofcom Broadcasting Code
Provision that individual’s privacy should not be breached a very important part of codes.
Privacy should not be breached unless it’s in the public interest
Specific issues:
Areas of privacy:
Locations
Methodology for gaining private information

Next week: copyright. Last one before Easter Break! Go through everything in syllabus before class returns after break!