Privilege, Principles and Privacy

Just going to quickly summarise a few of the law bits we’ve learnt so far on the basis that I have 2 hours to write this blog in before I break my 1-a-day promise and I can’t think of anything else to write about (apart from Red Dwarf, and I’m not sure how I can make that relevant to journalism, unless I review it… might do that for tomorrow’s blog…)

Privilege:

Common law privilege – If a story is in the public interest, it can be printed. However, it must include any denial form the parties depicted within it

Statutory Qualified Privilege – anything said within a court, parliament or other special places along those lines is reportable as long as the story is written fast, accurately and fairly

Principles:

1)      Presumption of innocence

2)      Justice must be seen to be done

3)      Justice must be based on evidence

Privacy:

·         Under section 8 of the Human Rights Act, privacy is protected as it states that everyone has the right to a normal family life.

·         State secrets (official secrets act) and Commercial secrets (common law confidentiality) are also protected.

·         A person is in breach of confidence if they pass on information that is ALL of the following:

1)      Has the necessary quality of privilege

2)      Was provided in circumstances imposing an obligation

3)      Was not permitted to be passed on

4)      Is likely to cause detriment

·         Gagging clauses, such as injunctions, can be taken out to protect privacy – contractual stop you from saying certain things, regardless as to whether or not they are true

·         Royalty and celebrities can be photographed without permission if they are on “a clear public duty”, otherwise, permission is needed to take photographs (implicitly – acknowledging the presence of the camera and allowing photos to be taken, explicitly – arranging for photographers to be at certain events)

Right, that’s all I’ve got for tonight. I hope that makes sense, seeing as I’m tired and it’s late and all… Might have to give up on this blog-a-day lark… we’ll see.

Until tomorrow!