NCTJ ESSENTIAL MEDIA LAW UPDATED ACTUAL
QUESTIONS AND ANSWERS SURE A+
✔✔Under what circumstances does Article 8 ECHR says the right to privacy can be
infringed? (5) - ✔✔National security, economic well-being, public safety, the prevention
of crime, health or morals, protection of the rights of others.
✔✔What kind of factors does a court have to consider when deciding on whether
privacy was infringed? (4) - ✔✔-Whether there was a REASONABLE EXPECTATION
OF PRIVACY.
-Whether the material contributes to a debate of general interest to society. (public
interest defence)
-Location
-Whether the claimant was stressed, vulnerable or mentally ill.
✔✔Under s12 of the Human Rights Act 1998, which two articles from the ECHR have to
be balanced when considering an injunction - ✔✔Article 8 (Right to privacy) and Article
10 (Freedom of expression). It's important to note that neither right has precedence over
the other.
✔✔What must a court consider in order for a publication to qualify for the public interest
defence? (4) - ✔✔-Whether the claimant plays a role in public life
-Their prior conduct
-Does the information show they are being hypocritical or projecting a false image?
-The extent to which the publication could cause harm to the claimant and their family
✔✔Name remedies for breach of privacy (4) - ✔✔-Damages
-Injunctions
-Super-injunctions
-Injunctions 'contra mundum'
✔✔What is a super-injunction? - ✔✔Bans the media or anyone who knows about the
injunction from publishing even the fact that there is an injunction in place.
✔✔What is an injunction 'contra mundum'? - ✔✔Contra mundum means 'against the
world'. This kind of injunction binds anyone who knows about it including ALL media
organisations. Normal injunctions apply to the parties to who they are served.
✔✔Who do interim injunctions apply to? - ✔✔They apply to who they are served and all
who are aware of it.
✔✔What clause of the Editor's Code concerns privacy and what does it say? -
✔✔Clause 2 says
, -Everyone is entitled to private and family life, home, health and correspondence
including digital communications.
-It is unacceptable to photograph people in public or private places without their consent
where there is a reasonable expectation of privacy.
-Editors will be expected to justify intrusions into privacy.
-Account will be taken for the complainant's former conduct.
✔✔What does clause 6 of the Editor's Code say with regards to children being
interviewed? - ✔✔They can't be interviewed or photographer on issues on their own or
another child's welfare without adult consent or be payed for their information.
✔✔What does clause 6 of the Editor's Code say with regards to children who are the
children of celebrities? - ✔✔Editors must not use the fame or notoriety of a parent or
guardian as justification for publishing details about a child's private life.
✔✔What does clause 8 of the Editor's Code say with regards to hospitals? -
✔✔Journalists must identify themselves when pursuing enquiries at the non-public
areas of hospitals or similar institution.
✔✔What does clause 4 of the Editor's Code say with regards to intrusion into grief or
shock? - ✔✔In cases involving personal grief or shock, enquiries and approaches must
be made with sympathy and discretion and publication handled sensitively.
✔✔What are the eight situations would material qualify for public interest? - ✔✔-
Detecting or exposing crime, the threat of crime or serious impropriety.
-Protecting the public from being mislead by an action or statement of an individual or
organisation.
-Disclosing a person or organisation's failure or likely failure to comply with an obligation
to which they are subject.
-Disclosing a miscarriage of justice.
-Raising or contributing to a matter of public debate.
-Disclosing concealment or likely concealment of any of the above.
-There is public interest in freedom of expression itself.
✔✔What does clause 3 of the Editor's Code say with regards to harassment? -
✔✔Journalists should not persist in questioning, telephoning, pursuing or photographing
when asked to desist and must leave property when asked and identify themselves
when asked. Editors must not use non-compliant material.
✔✔Which guidelines say that police have no power to stop journalists photographing or
filming in public or delete images? - ✔✔College of Policing guidelines
QUESTIONS AND ANSWERS SURE A+
✔✔Under what circumstances does Article 8 ECHR says the right to privacy can be
infringed? (5) - ✔✔National security, economic well-being, public safety, the prevention
of crime, health or morals, protection of the rights of others.
✔✔What kind of factors does a court have to consider when deciding on whether
privacy was infringed? (4) - ✔✔-Whether there was a REASONABLE EXPECTATION
OF PRIVACY.
-Whether the material contributes to a debate of general interest to society. (public
interest defence)
-Location
-Whether the claimant was stressed, vulnerable or mentally ill.
✔✔Under s12 of the Human Rights Act 1998, which two articles from the ECHR have to
be balanced when considering an injunction - ✔✔Article 8 (Right to privacy) and Article
10 (Freedom of expression). It's important to note that neither right has precedence over
the other.
✔✔What must a court consider in order for a publication to qualify for the public interest
defence? (4) - ✔✔-Whether the claimant plays a role in public life
-Their prior conduct
-Does the information show they are being hypocritical or projecting a false image?
-The extent to which the publication could cause harm to the claimant and their family
✔✔Name remedies for breach of privacy (4) - ✔✔-Damages
-Injunctions
-Super-injunctions
-Injunctions 'contra mundum'
✔✔What is a super-injunction? - ✔✔Bans the media or anyone who knows about the
injunction from publishing even the fact that there is an injunction in place.
✔✔What is an injunction 'contra mundum'? - ✔✔Contra mundum means 'against the
world'. This kind of injunction binds anyone who knows about it including ALL media
organisations. Normal injunctions apply to the parties to who they are served.
✔✔Who do interim injunctions apply to? - ✔✔They apply to who they are served and all
who are aware of it.
✔✔What clause of the Editor's Code concerns privacy and what does it say? -
✔✔Clause 2 says
, -Everyone is entitled to private and family life, home, health and correspondence
including digital communications.
-It is unacceptable to photograph people in public or private places without their consent
where there is a reasonable expectation of privacy.
-Editors will be expected to justify intrusions into privacy.
-Account will be taken for the complainant's former conduct.
✔✔What does clause 6 of the Editor's Code say with regards to children being
interviewed? - ✔✔They can't be interviewed or photographer on issues on their own or
another child's welfare without adult consent or be payed for their information.
✔✔What does clause 6 of the Editor's Code say with regards to children who are the
children of celebrities? - ✔✔Editors must not use the fame or notoriety of a parent or
guardian as justification for publishing details about a child's private life.
✔✔What does clause 8 of the Editor's Code say with regards to hospitals? -
✔✔Journalists must identify themselves when pursuing enquiries at the non-public
areas of hospitals or similar institution.
✔✔What does clause 4 of the Editor's Code say with regards to intrusion into grief or
shock? - ✔✔In cases involving personal grief or shock, enquiries and approaches must
be made with sympathy and discretion and publication handled sensitively.
✔✔What are the eight situations would material qualify for public interest? - ✔✔-
Detecting or exposing crime, the threat of crime or serious impropriety.
-Protecting the public from being mislead by an action or statement of an individual or
organisation.
-Disclosing a person or organisation's failure or likely failure to comply with an obligation
to which they are subject.
-Disclosing a miscarriage of justice.
-Raising or contributing to a matter of public debate.
-Disclosing concealment or likely concealment of any of the above.
-There is public interest in freedom of expression itself.
✔✔What does clause 3 of the Editor's Code say with regards to harassment? -
✔✔Journalists should not persist in questioning, telephoning, pursuing or photographing
when asked to desist and must leave property when asked and identify themselves
when asked. Editors must not use non-compliant material.
✔✔Which guidelines say that police have no power to stop journalists photographing or
filming in public or delete images? - ✔✔College of Policing guidelines
