Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
28 Cards in this Set
- Front
- Back
|
What are the risks of media intrusion into privacy? |
Independent Press Standards Organisation scrutiny Litigation and perhaps damages |
|
|
What does IPSO's Privacy Clause 3 state? |
Everyone is entitled to respect for his or her private life Editors expected to justify intrusions into private life Unacceptable to photograph individuals in private place without consent |
|
|
What classes as a private place? |
Private or public place where there is a reasonabke expectation of privacy |
|
|
What is IPSO code of practice clause 4 harrassment? |
Journalists must not intimidate Journalists must not pursue individuals when asked not to Editors must make sure they dont put in non compliant material |
|
|
What does IPSO's code of good practice also refer to? |
Clause 5 - intrusion into grief and shock Clause 6 - children Clause 7 - children in sex cases But also of public interest that certain stories may have - freedom of expression within public interest itself |
|
|
When were the Human Rights Acts introduced? |
1998 |
|
|
What is the UK Human Rights Act 1998 founded on? |
European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) |
|
|
What must UK law be compatible with? |
ECHR |
|
|
What is article ten of the Human Rights Act 1998? |
Freedom of Expression |
|
|
What is articke 8 of the UK Human Rights Act 1998? |
Right to privacy |
|
|
What is the result of article 10 and article 8 of the UK Human Rights Act 1998? |
Competing human rights Legal battles with conflict |
|
|
What was the outcome of the Gloag v Perth & Kinross Council v the Ramblers Association (2007)? |
No right of privacy but various other legal remedies - breach of contract, confidence, defamation, tresspass, nuisance etc |
|
|
As there is no right to privacy in Scots law, what remedies can people rely on? |
Breach of confidence Breach of copyright Breach of contract Defamation May also be criminal consequences such as breach of the peace and theft |
|
|
What is breach of confidence? |
A civil wrong It is a delict - part of the law of obligations This happens if someone knew not to disclose information they had been given in confidence |
|
|
What are some examples of breach of confidence? |
Trade secrets Sensitive commercial information Government intelligence Personal photographs |
|
|
Whats a real life example of Breach of Confidence? |
Mosely v News Group Newspapers ltd Unauthorized disclosure of his personal life Mosely having sex wuth strippers Mosley won hos case and damages |
|
|
What IPSO Code clause is relevant with Mosley v News Group Newspapers? |
Clause 10 Press must not seek to obtain material by hidden cameras or listening devicesor intercepting devices |
|
|
What else is included in Breach of Confidence? |
The journalist ought to have known that information was given in confidence |
|
|
How do third parties affect Breach of Confidence? |
Information should not be published when found by a third party if it is of a confidential nature |
|
|
What is a breach of contract? |
A remedy for an intrusuon into ones private life may be based in the law of contract |
|
|
Another remedy for breach of privacy? |
Nuisance |
|
|
Whats an example of using nuisance as a remedy for privacy breach? |
Taking photos from a plane Particularly relevant with drones |
|
|
What is the Criminal Justice and Public Order Act 1994 say about tresspassing and privacy? |
Trespassers failing to obey police when asked to leave Aggravated trespass Squaters Can all be held against privacy |
|
|
Another remedy for privacy when tresspassing occurs? |
Land Regorm Act 2003 S1 Access rights & 6 exclusions to access rights Building used for privacy Land surrounding non domestic buildings Land used for schools Land adjacent to schools |
|
|
What happened in the Malone v Commissioner of Police of the Metropolis 1979 case? |
Phone lines tapped, recording passed to police Malone charged with handling stolen property Tapping was argued unlawful Tapping was not unlawful as ECHR not applicable in UK Case was taken to EU court of human rights Held right if privacy was broken Tapping did not meet Artcile 8 test (was it preventing disorder or crime) |
|
|
How did the Malone case effect UK? |
New UK regulation of interception of communications These laws now found in Regulation of Investigatory Powers Act 2000, & Regulation of Investigatory Powers Act 2000 These concern powers excercisdd by authorities, not private persin and the media |
|
|
What remedies are there for someine who has had their privacy interferred with? |
Interdict Damages |
|
|
What does the Human Rights Act 1998 say in section 12 about Freedom of Expression? |
Can be granted for person seeking relief so long as they are there or the person representing them is |
