Chapter 4 Self-test questions

. Judges in privacy lawsuits arising from media activity weigh the claimant's rights to respect for privacy under Article 8 of the European Convention on Human Rights against the Article 10 Rights of the Media and Public to impart and receive information. The legal test for assessing whether an individual's privacy rights are engaged is:

Did the person previously encourage positive press coverage?

Did the person have their children with them in the circumstances in which the alleged intrusion occurred?

Did the person have 'a reasonable expectation of privacy' in the circumstances in which the alleged intrusion occurred?

Did the person give consent to have their privacy rights breached?

. A judge in a privacy case or a media regulator will consider the degree of harm or distress that the act(s) of gathering the material and/or its publication has caused to the person who brought the case. Regulators and the courts say, if any intrusion is justifiable through public interest, the media must adopt an approach which is ______?

. The Ofcom Broadcasting Code says that filming or recording in a public place could involve an infringement of privacy.

True

False

. The Ofcom Broadcasting Code says that 'doorstepping' someone for a factual programme – that is, filming or recording them with no warning and without their consent - is never acceptable.

True

False

. The Editors' Code of Practice says that, unless it is in the public interest, journalists 'must not engage in intimidation, harassment or persistent '.......'.

. Major disasters and accidents are newsworthy, and it is understood that they will be covered by the media. However, there are ways in which the media can cover these situations sensitively. How would regulators suggest treating a photo of someone receiving medical treatment in an emergency situation?

Publishing the photo in full due to the public interest

Publishing the photo but pixelating the faces of anyone who is recognisable to protect their privacy and avoid intrusion

Not publishing the photo to protect the privacy of those pictured in it

. The Editors' Code of Practice bans journalists from covering funerals, unless the next-of-kin or legal guardian of the deceased consents to this.

True

False

. The Broadcasting Code says in potentially sensitive places such as ambulances, hospitals, schools, prisons or police stations, separate consent should normally be obtained before filming or recording and for broadcast from those in sensitive situations. What does separate consent mean?

Gaining consent from every single person who could be filmed or identified

Gaining written permission to film from the management of the location to be filmed

Gaining first consent before filming/recording begins, and then gaining further consent from those individuals who will be identified

Gaining a special consent order to film in a sensitive location

. Can a comment by someone who is under 16 on their public Twitter account be legally published if it is on a matter of their welfare?

Yes, consent is not needed from the child or parent

No, consent must be sought from the child before publication

No, consent must be sought from the parent before publication

. The Ofcom Broadcasting Code says that, unless the subject matter is trivial or uncontroversial, or the participation minor, or it is warranted to proceed without consent, the consent of a parent, guardian, or other person of eighteen or over in loco parentis is needed if a programme features a child under 16 in a way that infringes '.........'.

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