2 min read

Media Law lecture -- Privacy continued

From last week:

  • 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:
  1. Defamation act (statutory) -- public forums fairly and accurately reported are protected under qualified privilege.
  2. 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).


  • 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.

Industry regulations surrounding privacy

  • 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!