Media Law lecture -- Confidentiality and Privacy pt. 3
Questions from last week:
- Talking to people in hospital?
- Must identify as a journalist and get permission from hospital authorities.
- What's the difference between an assignment in copyright law and license
- Assignment: complete transfer from A to B.
- License: permission being granted to use a copyrighted work for a certain purpose.
- Where would you go on appeal of fact from the Magistrate's Court?
- Appeal would lie to the Crown Court.
- On matters of law, i.e., an adjudication on a law, matter is appealed to the Divisional court of the High Court.
- What court would a Lord Justice sit in?
- Court of Appeal
- Public interest: a defined concept within the industry regulators
- What are the rules regarding reporting pregnancy?
- Within PCC, shouldn't refer to an individual's pregnancy up to 12 weeks, unless that information's already in the public domain.
- Adjudications: Danny Minogue, Charlotte Church
For next week:
- What are these orders and when are appropriate?
- §4(2) order
- §39 order
- §11 order
- What's the difference between commonlaw qualified privilege and statutory qualified privilege?
- In the ECHR, what does article 2 protect; what does §12(3) of the Human Rights Act say about injunctions?
- What are the rules about reporting court cases that take place in the Youth Court?
This week in law
- PCC is no more! Will be replaced by... something.
- Jeffries case: Mirror and Sun were prosecuted for contempt; Mirror sought appeal and was turned down
Confidentiality/Privacy
Major cases
- Douglas v. Hallo (2000)
- Theakston v. MGN Ltd (2002): photographs
- Peck v. UK (2003): privacy in a public place
- Princess Caroline von Hannover v. Germany (2004)
- Naomi Campbell v. MGN Ltd (2004) (the major case re: privacy)
- McKennitt v. Ash (2005)
- Murray v. Big Pictures (2008)
- Max Mosley v. News Group Newspapers Ltd (2008)
- LNS v. Persons Unknown (2010)
- Super injunctions
- Ferdinand v. MGN Ltd (2011)
- Spelman v. Express Newspapers Ltd
- Princess Caroline von Hannover (2012)
- Human Rights Act §12(3)
The Right to Life
- Article 2 -- Everyone's right to life should be protected by law. Everyone's life should be protected by the law, except in the case of capital punishment.
- An absolute right; not a qualified right in the sense it isn't balanced with another right. "Trumps all."
- Venables and Thompson v. News Group Newspapers Ltd (2001)
- Two youths found guilty in murder of a young boy. Question was if identifiable after release; court was asked to prevent injunction after they reach age of majority in order to protect right to life. Courts came down in favour of individuals; Art. 2 allowed courts to grant injunction preventing identification ever.
- Maxine Carr v. News Group Newspapers Ltd (2004)
- Involved with a murder case in that she gave a false alibi for her boyfriend. Was granted injunction to prevent her from being identified given she was being sent death threats.