The subject of privacy was discussed today in relation to the Human Rights' Act and the PCC Code. Article 8 of the Human Rights' Act states that everyone has the right to respect for his or her private and family life, his home and his correspondence. There is a similar clause in the PCC code. The counterbalance of Article 8 is Article 10 - Freedom of Expression and the "get out of jail card" that is Public Interest.
We watched the News of the World video clip of Max Mosley's S&M orgy followed by the Panorama program "The End of Kiss and Tell" which looked at some of the most high profile privacy law suits.
The privacy laws have been dubbed the new libel because you don't need to prove it's not true - only that it is private.
The concern is that the privacy laws are now threatening the freedom of the press. Journalists and media owners are going to have to think much more carefully about certain investigative work before deciding to publish or even pursue a story.
Media lawyers are already known for exercising too much caution internally, contributing in part to the "dumbing down" of the press. Media owners don't want to risk getting sued and loosing - being forced to pay out large lumps of money. The threat has been made worse by many "no win no fee" lawyers who charge extortionate fees that the media owners have to pick up.
What was interesting in the Panorama program was the case of the MP Mark Oaten who was exposed as having an affair with a male prostitute (he is married). Mark Oaten said that despite the huge embarrassment he still valued the freedom of the press:
"I concluded that actually, however awful it may be, it is better to have a press which can expose MPs' private lives because it means we have a free press…it means we can expose corruption."
I agree with Mr Oaten. The scandal of Max Mosley however, I consider purely entertainment. I don't agree that it's in a public interest to know what he gets up to in his sex life.
Like many people, I just hope some of these high profile privacy cases don't hinder "serious" journalism in the future.
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