4D Privacy : Key Points
- Any infringement of privacy of an individual or organisation in programmes, or in connection with obtaining material included in programmes, must be warranted. Normally such justification will either be that the individual/organisation has consented or that the public interest ‘outweighs' the privacy infringement.
- Consent. Most filming (in addition to the broadcast of the material) involves an infringement of privacy and, therefore, should normally be done with the consent of the subject, either evidenced in a signed release form, or recorded on camera. Even when filming in public and semi-public places, individuals caught on camera may have a reasonable expectation of privacy if their actions are of a private nature or, for example, they are in a state of distress.
- Suffering and distress. When reporting or referring to emergencies, accidents or moments of personal tragedy, the public interest in full, open and accurate reporting and right to freedom of expression must be carefully balanced with the need to be compassionate and the privacy rights of those involved, so as to avoid any unwarranted invasion of privacy.
- 'Doorstepping' or interviews without prior arrangement are likely to amount to a serious infringement of privacy and should not take place unless an interview has been refused, it hasn't been possible to request an interview or it's likely that contacting the subject will frustrate the purpose of the programme. Programme-makers must seek advice from their programme lawyer before attempting a doorstep.
- Secret filming and recordings. All secret filming and recording (except for entertainment purposes) must comply with rule 8.13 of the Code and be justifiable by the public interest. There are detailed rules which all programme-makers must follow, having taken early advice from their designated programme lawyer.
- Secret filming for entertainment purposes where there is no public interest should only be undertaken where it is editorially justified and unlikely to cause annoyance, distress or embarrassment. In addition, informed consent must be given by the subject of the filming before the material can be broadcast. Programme-makers must seek advice from their programme lawyer before undertaking any such filming.
- Revealing private information about an individual or organisation without consent, whether or not they have taken part in a programme, is likely to infringe privacy and is only likely to be justifiable if the public interest in revealing the information 'outweighs' the privacy infringement.
- Broadcasters must pay particular regard to the privacy of people under 16. Those under 16 do not lose their right to privacy because of the fame or notoriety of their parents.