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Pcc lesson 4

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Kiera Brown
Kiera Brown

The document discusses three cases where journalists invaded patients' privacy by entering their hospital rooms without consent and photographing or interviewing them. In the first two cases, which took place in France and the US, the plaintiffs were granted relief, but in the third case in England, the court did not recognize a right to privacy. The document then examines arguments for and against self-regulation of the British press by the Press Complaints Commission, noting criticisms of its effectiveness as well as defenses of maintaining self-regulation over statutory regulation. It also discusses challenges that new internet technologies pose for press regulation.

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LESSON 5 Arguments
Starter How did privacy law impact the British Press? The following three cases from different countries offer a striking example of the different results that may arise depending upon whether a court recognizes a plaintiffs right to privacy. In the first case, the son of a famous stage actor was hospitalized in France. Several reporters stormed the private hospital room, photographed the nine- year-old boy, and conducted an interview. In the second case, a woman in the United States was hospitalized with a severe and unusual eating disorder. A reporter broke into her hospital room, took pictures, and ultimately printed her story in a nationally published magazine. In the third case, a well-known actor was hospitalized in England after having been treated for a severe head injury. While the semi-conscious patient was recovering, journalists ignored several restricted entry notices on the door, conducted an interview, and took several pictures of the patient. While the factual similarities in these cases are striking notably, none of the patients had consented to the media intrusion only in the first two cases were the plaintiffs granted relief for the invasion of their privacy. In the third case, the English Court of Appeal discharged the lower courts injunction enjoining publication, and regretfully informed the plaintiff that English law does not recognize a right of privacy.
Media Standards Trust criticism The Media Standards Trust weighed into the debate adding that the PCC should not have serving editors on its board and revealing that newspaper and magazine editors are not bound to follow advice from the PCC. Furthermore figures from the 2008 PCC Annual Report indicate that of the 4698 complaints that were brought only 45 were adjudicated. Even though the PCC claim that a considerable number of those complaints were resolved, one is less confident of their ability to provide adequate redress. Further, the PCC has no power to fine offending publications and even in successful complaints, victims are not provided any form of compensation. Based on what you see here. How effective has the PCC been in regulating the press?
Limits of Self-Regulation under English law. Arguments against: Self-Regulation involves media organisations forming an independent body, setting up their own code of conduct and operational structure as well as raising their own funds. In Britain, the Press Complaints Commission (PCC) is an independent self-regulatory body which adjudicates complaints from the public and acts as an informal conciliator, leaning on newspapers to admit mistakes or oversights...
Theorists against self regulation Robertson and Nicol who have entertained the view that the PCC is an ineffective regulator which fails to offer adequate redress in a great many cases. Stokes and Reading (1999:156). Newspapers argue for freedom of expression, but in doing so they suggest that newspapers alone, other than other public bodies should stand above international law. Quiet clearly for some newspapers the ability to snoop and poke into people兵s private lives is infinitely more important than carrying out serious journalism
Theorists against self regulation cont.. A similar view was echoed by the ECHR decision in Peck v United Kingdom (2003) ECHR when it was found that The PCC rejected the applicant兵s [Peck] complaint without a hearing... Mr Peck was caught on CCTV when he attempted to commit suicide in a public place. This footage was publicised without his permission and the ECHR upheld his claim for invasion of privacy notwithstanding the PCC兵s earlier rejection of the same complaint
Arguments for self regulation In 2008 Labour MP Jim Sheridan was arguing the case for the PCC to be replaced in the House of Commons . Sheridan was introducing the new bill, which would be the latest attempt to introduce a statutory method for protecting the general public from inaccurate and, at times, inflammatory reports in the press and media . The new proposed regulatory system said it would not have any effect on the freedom of the press and that it was the duty of a free press to balance commercial considerations with its responsibilities to individuals and to society as a whole .
Arguments for self regulation cont The main thrust of the argument is that the PCC should have more power to enforce its code and ensure that members correct their mistakes when proved to have transgressed. Apparently the National Union of Journalists has been calling for the PCC to become a public body which would allow its practices to be scrutinised through the Freedom of Information Act 2000 [5]. The argument is that if the workings of the PCC were more transparent, then there would be less cause for complaint, in particular with regards to the amount of complaints that are actually upheld. Sheridan goes on to state that there is an increasing body of anecdotal evidence to suggest that in situations in which victims feel that they have a strong case, they are brought off with minimal out- of-court cash settlements, and with a small retraction buried in the depths of the newspaper[6] . A 2009 Select Committee report into "Press Standards, Privacy and Libel" stated that "self-regulation of the press is greatly preferable to statutory regulation, and should continue
The internet What problems have the internet brought in regulating the press? Social networking sites have no limits so people are have freedom to write whatever they want about press issues. Blog websites allow the public to have their own op An Ipsos MORI poll commissioned by the PCC in March 2008 revealed that 42% of web users aged 16-24 knew someone who had been embarrassed by information uploaded on to the internet without their consent inions on the press and celebrities. 89% of web users thought there should be clear guidelines about the type of personal information that can be published online so that they can complain if the material is wrong or intrusive.
Internet does it mean the only way is self regulation? PCC director Stephen Abell, in an interview in June 2010, said the Commission believed that the proliferation of information online "militates against statutory regulation, as the content is so diffuse that it cannot be easily constrained." The PCC felt therefore that only self-restraint and self-imposed standards from newspapers, magazines and their websites could really work online.
The Internet is not immune to regulation. Forget self regulation- is statutory regulation already regulating the industry? How libel law is effecting regulation Libel law is when a person writes a defamatory untrue statement about a person, a broadcast statement is called defamation. Newspapers are normally subject to libel laws but recently, this law has been applied to the internet. Ranting in 140 characters has cost Courtney Love $430,000 (贈265,000) after she was accused of libelling a fashion designer on Twitter. The singer agreed to settle Dawn Simorangkir's libel suit rather than face a jury in a courtroom showdown. It is thought to have been the first libel settlement prompted by tweets. Love had used Twitter and her MySpace account to declare Simorangkir, who is behind the Boudoir Queen designer label, a thief and a criminal. Love's ire is said to have been sparked in 2009 by the designer's decision to send Love a bill for five outfits.

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Pcc lesson 4

  • 2. Starter How did privacy law impact the British Press? The following three cases from different countries offer a striking example of the different results that may arise depending upon whether a court recognizes a plaintiffs right to privacy. In the first case, the son of a famous stage actor was hospitalized in France. Several reporters stormed the private hospital room, photographed the nine- year-old boy, and conducted an interview. In the second case, a woman in the United States was hospitalized with a severe and unusual eating disorder. A reporter broke into her hospital room, took pictures, and ultimately printed her story in a nationally published magazine. In the third case, a well-known actor was hospitalized in England after having been treated for a severe head injury. While the semi-conscious patient was recovering, journalists ignored several restricted entry notices on the door, conducted an interview, and took several pictures of the patient. While the factual similarities in these cases are striking notably, none of the patients had consented to the media intrusion only in the first two cases were the plaintiffs granted relief for the invasion of their privacy. In the third case, the English Court of Appeal discharged the lower courts injunction enjoining publication, and regretfully informed the plaintiff that English law does not recognize a right of privacy.
  • 3. Media Standards Trust criticism The Media Standards Trust weighed into the debate adding that the PCC should not have serving editors on its board and revealing that newspaper and magazine editors are not bound to follow advice from the PCC. Furthermore figures from the 2008 PCC Annual Report indicate that of the 4698 complaints that were brought only 45 were adjudicated. Even though the PCC claim that a considerable number of those complaints were resolved, one is less confident of their ability to provide adequate redress. Further, the PCC has no power to fine offending publications and even in successful complaints, victims are not provided any form of compensation. Based on what you see here. How effective has the PCC been in regulating the press?
  • 4. Limits of Self-Regulation under English law. Arguments against: Self-Regulation involves media organisations forming an independent body, setting up their own code of conduct and operational structure as well as raising their own funds. In Britain, the Press Complaints Commission (PCC) is an independent self-regulatory body which adjudicates complaints from the public and acts as an informal conciliator, leaning on newspapers to admit mistakes or oversights...
  • 5. Theorists against self regulation Robertson and Nicol who have entertained the view that the PCC is an ineffective regulator which fails to offer adequate redress in a great many cases. Stokes and Reading (1999:156). Newspapers argue for freedom of expression, but in doing so they suggest that newspapers alone, other than other public bodies should stand above international law. Quiet clearly for some newspapers the ability to snoop and poke into people兵s private lives is infinitely more important than carrying out serious journalism
  • 6. Theorists against self regulation cont.. A similar view was echoed by the ECHR decision in Peck v United Kingdom (2003) ECHR when it was found that The PCC rejected the applicant兵s [Peck] complaint without a hearing... Mr Peck was caught on CCTV when he attempted to commit suicide in a public place. This footage was publicised without his permission and the ECHR upheld his claim for invasion of privacy notwithstanding the PCC兵s earlier rejection of the same complaint
  • 7. Arguments for self regulation In 2008 Labour MP Jim Sheridan was arguing the case for the PCC to be replaced in the House of Commons . Sheridan was introducing the new bill, which would be the latest attempt to introduce a statutory method for protecting the general public from inaccurate and, at times, inflammatory reports in the press and media . The new proposed regulatory system said it would not have any effect on the freedom of the press and that it was the duty of a free press to balance commercial considerations with its responsibilities to individuals and to society as a whole .
  • 8. Arguments for self regulation cont The main thrust of the argument is that the PCC should have more power to enforce its code and ensure that members correct their mistakes when proved to have transgressed. Apparently the National Union of Journalists has been calling for the PCC to become a public body which would allow its practices to be scrutinised through the Freedom of Information Act 2000 [5]. The argument is that if the workings of the PCC were more transparent, then there would be less cause for complaint, in particular with regards to the amount of complaints that are actually upheld. Sheridan goes on to state that there is an increasing body of anecdotal evidence to suggest that in situations in which victims feel that they have a strong case, they are brought off with minimal out- of-court cash settlements, and with a small retraction buried in the depths of the newspaper[6] . A 2009 Select Committee report into "Press Standards, Privacy and Libel" stated that "self-regulation of the press is greatly preferable to statutory regulation, and should continue
  • 9. The internet What problems have the internet brought in regulating the press? Social networking sites have no limits so people are have freedom to write whatever they want about press issues. Blog websites allow the public to have their own op An Ipsos MORI poll commissioned by the PCC in March 2008 revealed that 42% of web users aged 16-24 knew someone who had been embarrassed by information uploaded on to the internet without their consent inions on the press and celebrities. 89% of web users thought there should be clear guidelines about the type of personal information that can be published online so that they can complain if the material is wrong or intrusive.
  • 10. Internet does it mean the only way is self regulation? PCC director Stephen Abell, in an interview in June 2010, said the Commission believed that the proliferation of information online "militates against statutory regulation, as the content is so diffuse that it cannot be easily constrained." The PCC felt therefore that only self-restraint and self-imposed standards from newspapers, magazines and their websites could really work online.
  • 11. The Internet is not immune to regulation. Forget self regulation- is statutory regulation already regulating the industry? How libel law is effecting regulation Libel law is when a person writes a defamatory untrue statement about a person, a broadcast statement is called defamation. Newspapers are normally subject to libel laws but recently, this law has been applied to the internet. Ranting in 140 characters has cost Courtney Love $430,000 (贈265,000) after she was accused of libelling a fashion designer on Twitter. The singer agreed to settle Dawn Simorangkir's libel suit rather than face a jury in a courtroom showdown. It is thought to have been the first libel settlement prompted by tweets. Love had used Twitter and her MySpace account to declare Simorangkir, who is behind the Boudoir Queen designer label, a thief and a criminal. Love's ire is said to have been sparked in 2009 by the designer's decision to send Love a bill for five outfits.