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"People do like seeing things that are inappropriate, voyeuristic and nasty, we all know that accidents, horror stories and horrific crimes are things which sell." Edgar Forbes, Media Lawyern

TV WATCH EDGAR FORBES: A COURTLY AFFAIR..

Although we don’t have a privacy tort yet, we do have laws that refer to privacy. Article 8 (1) of the Human Rights Convention says;

“Everyone has the right to respect for his private and his family life, his home and his correspondence….”

But, Article 10 (1) says;

“Everyone has the right to Freedom of Expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”

Respect for private and family life holds a subtle, but striking difference from a singular right to privacy. Journalists are bound indirectly to the Press Complaints Commission section 3 & section 4, but this is only a code.

3(i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence. A publication will be expected to justify intrusions into any individual’s private life without consent.

4(i) Journalists and photographers must neither obtain nor seek to obtain information or pictures through intimidation, harassment or persistent pursuit.
4(ii) They must not photograph individuals in private places without their consent; must not persist in telephoning, questioning, pursuing or photographing individuals after having been asked to desist; must not remain on their property after having been asked to leave and must not follow them.

So privacy invasion has to happen before cases can be brought to court. The phrase; ‘publish and be damned’ refers to the situation when journalists judge consequences less than the benefit of printing.

Legal cases involving privacy invasion in the UK must weigh out privacy and free speech on this metaphorical balancing scale. So difficult questions come up.
Should it make any difference if the victim is a reality television star who wanted fame? Should it change things if they behaved badly in public view?

This freedom is on a sliding scale because of recent cases being judged in closer favour to celebrities. But ,can journalists afford to let this luxury disappear?

Hear Joe Stone, reality tv and student journalist, chat about what makes a good journalist:

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