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Has fairness swallowed privacy?
By Steven | December 11, 2007
What would you do with this complaint?
During a Close Up item about the “naming and shaming” of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated, but she was “unmasked” and named later in the item.
Interestingly, it wasn’t a privacy complaint. (The complaint wasn’t made by the woman, but by a couple who watched the programme and thought it was unfair on her). Privacy might have struck some problems: was her conviction a private fact? Was there public a public interest defence? Was she “vulnerable” so that her privacy might be infringed, even though she was in a public place?
The BSA didn’t have to ask those questions. But it still upheld the complaint – on grounds of fairness. The woman was singled out and humilated, they said. They were particularly concerned about the footage of her running from the reporter, but they also found the “unmasking” at the end “sensational and gratuitous”. TVNZ singled her out and used her as an example. It was mean (the BSA didn’t use that word, but that’s the flavour.) The BSA also said that the result might well have been different if the woman was a public figure.
So: has fairness swallowed up privacy?
I’ve long suggested that everyone who claims breach of privacy should add in a claim for unfairness, even though you have to go to the broadcaster first, and can’t get damages for fairness (you can for privacy). This case is more evidence of the wisdom of this course. When the elements of privacy aren’t quite there, what looks like a privacy issue often falls within fairness. Hidden cameras are argued under both standards.
Did the BSA get it right? We’re talking about a drunk driver here. Doesn’t she deserve shaming? Just because other drunk drivers don’t get similar treatment – does that mean she shouldn’t get it either? Yet TVNZ’s treatment of her was pretty horrible. I’m still not quite sure where I stand on this one.
Topics: Broadcasting Standards Authority | Comments Off on Has fairness swallowed privacy?