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Summary Privacy NCTJ content
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Document all about Privacy regarding NCTJ exam content for Media Law and Regulation
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Law, ethics and regulationSeminar 4 prep
Privacy
Questions
1. These rights are qualified because they can be subject to exceptions in different
situations, depending on the claimant and/or defendant.
2. These rights conflict because article 10 gives anyone the right to impart any
information without interference from public authority however article 8 says that
everyone has the right to not have information considered by the ECHR as ‘private’
published or shared.
3. When two convention rights conflict , as neither has precedence over the other , the
court will carry out a balancing test to see which right prevails over the other.
exam style questions
1. A) i) There is no single piece of legislation used to protect privacy but there are
several laws that are used to protect privacy – torts (such as breach of
confidence), trespass, defamation and misuse of private information. The right to
privacy is protected and enshrined in the European Convention of Human Rights.
ii) the judge must accept that the claimant had a reasonable expectation of
privacy at the time they believe a breach of privacy took place.
iii) she could win the lawsuit as she was with her children she can claim that she
had a reasonable expectation of privacy in her situation. Her children also are
more likely to have a reasonable expectation of privacy due to their immaturity
and emotional vulnerability. Article 8 states that during a private family outing
children have a REOP no matter where the location is.
B) no it was not ethical because the IPSO code has been breached in this
scenario, clause 2 – it is unacceptable to photograph individuals without their
consent, in public or private places where there is a reasonable expectation of
privacy.
2. A) iThere is no single piece of legislation used to protect privacy but there are
several laws that are used to protect privacy – torts (such as breach of
confidence), trespass, defamation and misuse of private information. The right to
privacy is protected and enshrined in the European Convention of Human Rights.
ii) the judge must accept that the claimant had a reasonable expectation of
privacy at the time they believe a breach of privacy took place.
ii) the media would have the defence of public interest as she has a high
important role in society and she is misleading the public and therefore the
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