On Thu, 8 May 2008 18:00:25 +0100, "The Todal"
wrote:
>
>"Alex Heney" wrote in message
>news:8i5424h7ok4ackd08u0ldpvle40us2md3k@4ax.com...
>> On Wed, 7 May 2008 19:26:42 +0100, Colin Wilson
>> wrote:
>>
>>>> It is not the street photography which is unlawful - it was the
>>>> *publication* of it - two very different things.
>>>
>>>IANAL, but she was in a public place, and therefore no more worthy of
>>>protection from a camera lens than a normal member of the public -
>>>unless of course i'm missing something. Oh, that's it - she's rich.
>>
>> Well the point the judge made is more or less exactly that (but saying
>> "celebrity" rather than "rich").
>>
>> i.e. in his opinion, a "normal" child would not expect their photo to
>> be published under such circumstances, so why should the "celebrity"
>> child expect it?
>>
>> Which is a perfectly valid comment, but I don't understand how that
>> "expectation" makes it unlawful.
>
>It doesn't.
>
>A family walking down a street to do their shopping have a reasonable
>expectation of privacy. That means they do not expect to have their photo
>splashed all over the newspapers or shown on national TV, just for walking
>down the street. None of us would be happy with that.
>
>That being the case, there is then a balancing act for the judge, to decide
>whether the expectation of privacy outweighs the public interest in
>publishing the photograph.
>
>Anyway, it's all in the judgment of course:
>http://www.bailii.org/ew/cases/EWCA/Civ/2008/446.html
>
Well from reading that and the referred to Campbell case, it would
seem that the courts have decided that although the ECHR and HRA only
apply to intrusions by public authorities, they should also be used as
the basis for common law torts involving other organisations and
individuals.
Which does throw rather a different light on it than the suggestion in
the article that it was actually the article as enacted.
It seems rather likely that in time, this will result in the press
being unable to intrude to nearly the extent they do now into
"private" lives even of those in the public eye - as is already the
case in many European countries.
--
Alex Heney, Global Villager
Creditors have much better memories than debtors.
To reply by email, my address is alexATheneyDOTplusDOTcom |