Privacy

'Privacy is a nightmare for a journalist because it is constantly changing.'


Can you keep a secret?
The Official Secrets Act of 1989 was set up to protect Government secrets. The new act has eliminated the public interest defence. Even if you are told such secrets, you are unable to share them or you and your sources may be prosecuted. You must be incredibly wary if you are ever dealing with military or Government secrets.
The public interest is generally the defence used by Journalists when they have been caught up in some kind of illegality. However this will not help you in the case of the secrets act. Journalists also need to consider what public interest really means. It is important to remember information must be in the public interest, not just in the interest of the public.


Opposing ideas
Article 8 of the human rights legislation states that everyone has the right to a private life.
Article 10 of the human rights legislation states that everyone has the right to free speech.

as a journalist you don't have to be a legal expert-you need to recognise an unexploded bomb when you see it and ask for someone more experienced. Identify danger.

Is it defamation? Is it contempt?

Confidentiality
Confidentiality is covered by common law.
people are generally allowed to have secrets, maybe things that are personally, commercially sensitive or professionally secret. Some people, such as lawyers or doctors, are trusted to keep a secret and if they don't then it is a breach of confidence.

When you find something that is secret, is genuine, and you could make a good story, you must take it to the person it is about and ask them to reply. They can then go and obtain an injunction which would stop you from printing anything. If you do not contact them and print the story then they can sue you.
An injunction is like a pause, until a court case can be held over the matter.

How do you know if something is actually confidential?

• It has the necessary quality of confidence, not just rumour
• It was provided in circumstances imposing an obligation (you can see why it would be kept a secret)
• There was no permission to pass on the information
• Detriment is likely to be caused to the people who gave the information

If any of the about if missing then its not secret.

Do we have the right to publish or broadcast photos?
Yes. If there is consent. Consent can either be explicit (when a contract is signed) or implicit (When they understand that they are being filmed or photographed and do not try to stop it).
If there is no consent and no public interest- don't do it. There is no reason why a celebrity should be filmed in their private lives.