Media Law: avoiding unjustified intrusion 0.0 / 5 ? JournalismMedia LawUniversityNone Created by: AlasdaireCreated on: 21-02-23 09:33 What does a judge weigh in a privacy case? Article 8 against Article 10 1 of 27 How does Article 8 protect the prosecution? Everyone has the right for his private and family life, his home and his correspondence 2 of 27 How does Article 10 protect the defendant? Protects your right to hold your own opinions and to express them freely without government interference 3 of 27 What is the legal test to discover whether someone has been intruded upon? Did the person have 'a reasonable expectation of privacy'? 4 of 27 What do the editorial codes say about privacy? Everyone is entitled to respect for their privacy and have a reasonable expectation of privacy in a public place 5 of 27 What can be photographed, that is private, from public land? Anything private but can be seen from public land, eg. a garden 6 of 27 In terms of privacy, what should not be broadcast? Actions in a public place so private they need permission to broadcast 7 of 27 When can you film under clause 10 of the Editor's code? Unless the media have secretly recorded someone, the media are free to use footage they have recorded 8 of 27 What does clause 10 of the Editor's code allow journalists to do in the public interest? Secret filming can generally be justified only in the public interest and then only when the material cannot be obtained by other means 9 of 27 Can you film the public in a crowd? Filming the public in a crowd is fine if it harmless or in the public interest 10 of 27 Why might a regulator question the filming of a crowd? If there is a focused photo of an individual 11 of 27 Can you disclose the location of someone's home? Disclosing the location of someone's home or family should not be revealed without permission 12 of 27 What is a breech of filming someone's home? Publishing a photo of the inside of someone's home or people in their home is a breach 13 of 27 What is doorstepping? recording of an interview or call for broadcast with no prior warning 14 of 27 Under public interest, what can journalists do to politicians or fraudsters? They can pursue fraudsters or politicians for a short while with questions 15 of 27 How should a journalist approach a major event? People receiving medical attention have a reasonable expectation of privacy. Coverage of accidental deaths must not contain graphic information 16 of 27 How can a journalist breach clause 4 of the Editor's code? If a family member is told about a death of a loved one through a journalist seeking comment or through publishing details of death 17 of 27 How should program makers approach funerals? They should respect requests to withdraw. Photographs should be taken with care of people in extreme distress. 18 of 27 How should the bereaved be treated? The bereaved need special consideration of a 'vulnerable person' who may not be able to give consent to be featured in programs 19 of 27 How should journalists approach hospitals? journalists should identify themselves and seek permission from an executive from the hospital to enter non-public areas following inquiries 20 of 27 How do you gain access to film in a hospital? Two stage consent: 1. Consent from executives at the hospital 2. individuals who will be identifiable need to sign a consent form 21 of 27 When would you be able to publish information about someone's health? Information about someone's health is usually private unless an adult discloses it. Information can be published if there's public interest 22 of 27 Can you publish someone's personal relationship? Publishing information of someone's personal relationships, eg. sex life is a breach of code - unless there is public interest 23 of 27 What does clause 6 of the Editor's code say? Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child's private life 24 of 27 Can you publish footage of children in a crowd? Regulators will accept consent from parents as a child attending an event which is likely to be filmed or photographed 25 of 27 Who is a vulnerable person? Those who are over 16 with, learning difficulties, mental health problems, the bereaved, the traumatised, the sick 26 of 27 Can a journalist identify the friends and relatives of a person of an accused crime? Friends and relatives should not be identified unless there is public interest 27 of 27
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