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Privacy and freedom

of expression

http://www.youtube.com/watch?v=RUwFQUCqra0

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Whats at stake?Individuals

right to privacy

and privatespace away

from public

view

Public

domain and

the publicinterest

freedom of

expression

http://www.youtube.com/watch?gl=GB&hl=en-GB&v=DzRV4O-Mb0E

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Hacking, but not just: Other regular

intrusions on privacy Door-stepping isinterviewing someone orrecording an interview or

attempted interview withsomeone without priorwarning.

Intrusion on private

property Long lenses: ie Kate

Middleton or celebrity onbeach: is it public

property?

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Ethics: When might the private become

public? The public domain

Position of individual insociety eg privilege,power, authority, publicresponsibility

What they have doneeg wrongdoing,achievement, topicality

Involvement in major

newsworthy incidenteg their story is part ofthe story-telling andfact-finding

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Test: is a politician/celebritys

private life in public interest? Should there be a difference between a

politician/celebrity? eg privilege, power,authority, public responsibility

Tiger Woods and Clinton/ Coogan andPrescott:

Is there a case of hypocrisy?

Integrity. Does dishonesty/misdemeanourin one arena of life reflect on standards ofhonesty in another?

Ability to perform job affected?

Are there standards of morality that needupholding?

Are they a role model/ trading on a falseidentity?

If you live by the sword you must die by

the sword. Really?

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Can intrusions in privacy be justified?

Two views David Leigh, Guardianinvestigations

editor: Investigative journalism is not adinner party, particularly in a secretivecountry like ours where privacy cardsare stacked in favour of the rich andpowerful.

FormerNews of the Worldfeatureseditor Paul McMullan at Leveson:

"In 21 years of invading peoples'privacy I've never actually come across

anyone who's been doing any good. "Privacy is the space bad people need

to do bad things in.

"Privacy is for paedos. Privacy is evil, itbrings out the worst qualities in

people."

http://www.youtube.com/watch?v=7YbcXzVXlZw&feature=related

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Is this justified? From DailyMailFormer Labour MP Claire Ward claims the News of the Worldmayhave contributed to the loss of her baby because of the stress itcaused after threatening to publish a story about her.

The politician says she received a call from the newspaper inDecember 2004, the same time that private investigator GlennMulcaire was trying to access her voicemail

The 40-year-old ex-MP does not say what the paper threatened topublish but said this stress while we were away had an impact onmy health

I cannot help but think that the stress I was placed under in theearly stages of my pregnancy, particularly during my stay in Riga,may have contributed to the eventual loss of my baby.

The former MP for Watford said she believed newspapers have aright to hold politicians to account but that she suffered intenseand repeated interest in her personal life as the youngest womanMP.

In 2001 she says she failed to stop the News of the Worldpublishing a story about her and a Royal Marine dubbed CaptainHunk during a fact-finding trip to Kosovo

The ex-MP, who has already been awarded damages for phone-hacking from News Group Newspapers, told the reporter it wasall complete nonsense.

She said she was only 28 at the time but the experience left her

fearing calls from Sunday newspapers and a sense of relief whena Sunday deadline had passed.

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Regulations: Justify privacy intrusion:

Intrusion into grief or shock Difficult balance between legitimate

public interest, informative story-telling,

and privacy in the reporting of accidents,

disasters.

PCC Regulations: In cases involvingpersonal grief or shock, enquiries and

approaches must be made with

sympathy and discretion and publication

handled sensitively.

Door-stepping should be a last resort iea request for interview has been refused

or it has not been possible to request an

interview or it is likely to be refused.

Is 'death knock' sensitive?

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Regulations:

BBC guidelines

Balance public interest in fulland accurate reporting ofstories involving human

suffering and distress withindividuals privacy andrespect for their human dignity

Justify intrusions into

individuals private life withoutconsent by demonstratingclear public interest

Report private legal behaviour

of public figures only wherebroader public issues are

raised

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Law: Human Rights Act

(Article 8 of European Convention) Everyone has the right to respect for their private and family life,

their home and their correspondence

Infringement must be necessary

In interests of national security,public safety or economic well-being

Prevention of disorder or crime Protection of health or morals,

or rights and freedoms of others

Mosley case: he could expect privacyfor consensual "sexual activities

(albeit unconventional)" No public interest or other justification

for clandestine recording, for publication of resulting information.

Damages relatively low 10k-60k. But phone hacking changedthis Dowler compensation 2m

Added to pressure for pre-publication injunctions. Mosley wantsto strengthen law here

http://www.reuters.com/video/2008/07/24/racing-boss-mosley-wins-privacy-case?videoId=87703

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Freedom of expression

(Article 10) Before the HRA

journalists free toexpress yourself unlessthe law prevented youfrom doing so eg libel,

contempt of court,official secrets.

With the new Act theright of freedom is now

expressly guaranteed.

Limited in similar waysto privacy in Article 8.

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Public and public sphere changing for all Public sphere (Habermas) and

private space Papacharissi: Pressure

towards this being redefinedonline

Money to be made byinvading your privacy bycompanies

You may voluntarily decideto forego privacy to engage

in social networks or to makepurchases

Engaging in public spherefrom privacy of your ownhome: ie blogging

http://www.youtube.com/watch?v=1Pebihz0FJA

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Justify private

property/consent

Infringement of privacy shouldbe with the persons consent ifnot overriding public interest.

Ask for permission before

filming or recording. Places where public has

general access maybe justified.

BBC guidelines state:We normally leaveprivate property whenasked to do so by the

legal occupier.

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SeminarYou are an editor.Which of the following stories would you include in tomorrows

newspaper? Give reasons with regard to ethics, publicinterest, guidelines and the law

a) The Max Mosley case

b) By hacking you have learnt David Cameron is conducting anaffair with Home Secretary Theresa May.

c) A popular 8-year-old boy in your local area has died in anaccident and the only way to get the full story by deadline isby door-stepping his family.

d) A senior Labour MP, tipped for a Cabinet position in the next

reshuffle, has registered his civil partnership to his long-timemale partner at a small ceremony attended only by relatives.

e) Angelina Jolie and Brad Pitt have announced the adoption ofa six year-old Guatemalan child with severe disabilities.

f) By hacking you have learnt David Cameron plans to start awar with Iran in two weeks time.