Privacy and Injunctions - Evidence - Parliament

Carter-Ruck Solicitors—Written evidence
OFCOM
36. Do the guidelines in Section 8 of the Ofcom Broadcasting Code correctly
address the balance between the individual’s right to privacy and freedom
of expression?
Like the PCC Code, save in the case of surreptitious filming, the circumstances in which
privacy intrusion may be “warranted” is not defined in the Ofcom Code and “warranted”
intrusion is not limited to situations where publication is in the public interest.
37. How effective has Ofcom been in dealing with breaches of the Ofcom
Broadcasting Code in relation to breaches of privacy?
We have insufficient knowledge of this to be able to comment.
38. Is there a case that the rules on infringement of privacy should be applied
equally across all media content?
Yes. The distinction between “print” and “broadcast” media is increasingly blurred; online
versions of national newspapers contain video footage. We consider that the regulatory
function currently vested with the PCC should be vested with Ofcom, and that there should
be a review of the sanctions and remedies that can be given pursuant to the Ofcom Code.
6 October 2011
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