Thursday, December 1, 2011

Lessons in the Right to Privacy

As Americans, we enjoy many rights, but the Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and some amendments in the Bill of Rights protect specific aspects of privacy. The 1st Amendment, for example, protects the privacy of beliefs (freedom of religion).

Defamation law recognizes differences between public and private figures. Unlike most people, who are considered private citizens, a politician or a celebrity is considered a public figure. So if your next-door neighbor is having an affair, publishing a story about it in the local paper would be a clear violation of his privacy. However, when a public figure does the same thing, the press can reasonably assert that such an event is newsworthy. Former Detroit Mayor Kwame Kilpatrick, for example, waged a prolonged legal battle claiming that hundreds of text messages detailing his illicit affair with a co-worker were private. He lost and ended up going to jail for perjury and other charges. 

But sometimes a private citizen injects himself or herself on to the public stage, and by doing so, loses the defense of "right to privacy". If that neighbor of yours is having an affair with a 16-year-old, that information is no longer considered private. Thus the law attempts to balance the public's right to know vs. an individual's right to privacy. If the information is "newsworthy" -- that is, if people have a right or a need to know about something, then that will prevail over a person's claim to privacy.

When it comes to proving fault in a libel claim, the law also treats private and public individuals somewhat differently. Both private and public individuals must prove a publication is at fault, but private individuals only need to prove negligence on the part of the reporter/publication, while public figures must prove actual malice.
 
 
Earlier this year,in a remarkable case stemming from the right to privacy, the British tabloid News of the World actually closed for good after a shocking phone hacking scandal. Click here to learn more about it, and be sure to watch at least the first video, "Scandal shuts down British tabloid".

Finally, read this column about the difference between tabloid journalism and investigative journalism.

Creative Commons photo by Howard Lake

11 comments:

  1. Unbelievable. That is a simple every day word that covers every aspect of the complex scandal of the News of the World UK tabloid. Unbelievable because it is so immoral and unethical. Unbelievable because poor innocent workers were fired for doing absolutely nothing. Unbelievable because it has gone on for so long. I cannot believe that this could ever happen. As Brant Houston expresses in his column, "Seldom has there been a bigger disconnect. The kind of "reporting" practiced here was not remotely close to investigative journalism, carried out for the greater good." Illegal action is NEVER right, but hacking into people's private business is even more wrong in my mind.

    Both private and public figures should receive some respect. Although celebrities may not have the best behavior, I truly don't want to know (and definitely don't need to know) who did this and that. I believe that media crosses the line of privacy too often and something should be done to restrain them a little. Once one person goes off on a tangent, all the lemmings start to follow in their footsteps. In Houston's column, a reporter said he hacked something because he thought it was for a "greater good." This is untrue and people need to be informed and aware. One situation leads to another and another and so on...

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  2. Its quite frightening to see how far journalists and reporters will go to obtain information. I also find it quite alarming that they would go to unnecessary extents to find information. I was very surprised to find out that the News of the World even hacked phones and voice mails of murder victims. To me, i would think that journalists would be taking extra precautions in this time when the age of journalism is declining. I also believe that no matter what your job, what your position, how badly you need the information, you should always take a step back to evaluate your situation, and follow your moral values.

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  3. I found it very troubling to learn about how far some journalists will go to find information. Like Jordan said, I think journalists should try and do everything they can to stay favorable in the eyes of the people during this time were journalism is diminishing. I was also surprised that some of the journalists went against some basic morals that everyone should have and fallow just to obtain some information.

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  4. Like everyone else, I think it's disgusting how some of the journalists from The News of the World got their information. What they did, in my opinion, is worse than fabricating information and plagiarizing. It's incidents like this that give journalists a bad reputation. Journalists should have respect for their sources and readers, which obviously the journalists who got information by hacking lacked.

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  5. I was very disturbed that a journalist used the front of "the greater good" to try to excuse his breaking the law. A girl got murdered, so you thought it was acceptable to commit another crime against her and her family?! It's bad enough that someone broke the law just to get a good story, but even worse, he offers the utterly ridiculous excuse that he was doing it "for the greater good". No reasonable person would believe that.

    The whole thing is really a shame. As a result of some immoral action on the part of a few reporters, a popular newspaper has gone out of business, innocent people will lose their jobs, and many people have had their privacy invaded. Jordan and Paige are absolutely right. Journalism is already becoming less popular; if people believe they cannot trust these publications or do not agree with the methods they use to obtain information, it could diminish even further.

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  6. I think the actions of News of the World were revolting. Ever since I first heard about the phone hacking, I have simply been bewildered by the idea that some people would think that it is acceptable to hack into the phones of people who have undergone such tragedies. I was also very annoyed by what I heard on the news this summer about just how often the higher-ups at the paper denied knowledge of the hacking.

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  7. I agree with Amelia in that the actions of News of the World were revolting. It is shameful to think that after not only after BREAKING THE LAW, they would continue on to say it was for the "greater good". Their actions were simply despicable.

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  8. When journalists are reaching to obtain new information, there is an invisible line they should not cross. The "News of the World" undeniably crossed that line. To hack into the personal telephone line of the family of a murder victim is completely inexcusable. That family has enough to deal with right now besides having to worry about nosy journalists.

    It is not only the journalists involved in this scandal who will have to pay the price. Many other "News of the World" employees who were uninvolved in this scandal will have to lose their job as a result of the actions of a few journalists. This just goes to show how the careless actions of some people can affect a lot more innocent people.

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  9. I don't understand how anyone could hack into someones personal telephone lines. Whether the person is a public or private figure, nothing makes it OK to invade someones personal business.
    I realize that journalists are constantly under pressure, but that is never an excuse to do immoral things in order to obtain information.

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  10. Whether or not the intended targets were public figures, the methods used by the News of the World were unquestionably awful and I do not think anyone could defend their choices. Even if those reporters believed they were hacking phones in the pursuit of investigative journalism, their actions were still illegal and immoral. In many cases, this was a compete invasion of privacy, regardless of the fact that many of their targets were public figures. For example, the disappearance of teenager Milly Dowler thrust her family into the limelight, making both her and her family public figures of a sort. That does not, however, excuse the hacking of her voicemail, which was against the law and also heartless.
    While the News of the World sometimes published stories that were helpful and powerful, it was not enough to save them when they were placed on the chopping block. I believe that the Murdochs made the right decision in shutting down an institution that both allowed and encouraged their reporters to violate the right to privacy over and over.

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  11. I think that News of the World absolutely deserved to be shut down, not just for the phone hacking scandal, but as Brant Houston points out in his article, scandals like this have been plaguing the newspaper for a long time. It's just sickening how far some people will go just to get a good story - going so far as to hack into the phone of a murdered girl's parents and the victims of a bombing. It makes you wonder why some people can get away with it.

    I think that most of the blame on this one has to go to the editor of the paper, Rebekah Brooks. She obviously condoned this sort of behavior, or it wouldn't have been happening. I also think that Rupert Murdoch should be punished, not just because what the paper did was unethical, but because it was also highly illegal.

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