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The Edi ' - The Leveson Inquiry

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For Distribution to CPs<br />

uNic~tien or j0urnNiatic activ!ty<br />

,at~ <strong>The</strong> ~CC wou~d raquir~ a ~U~!<br />

were genuine an~ sound in the<br />

~, har.sement or payr.~ntS to<br />

:l= ¢oal~ the information have been<br />

nein, or liP4.’ly to become SO?<br />

i¢ interest in publication<br />

cautier punishing images of peopte receiving<br />

was l{nown, or her family told, the PCC ruled that there was<br />

insufficient public interest to override her privacy<br />

However, the newspaper’s speedy action in taking down the<br />

materiel and epotogising, Was a proportionate remedy i’£h’ktand v<br />

,¢’tt~SH’e ®azt~t ~ Report 77 20{)8~<br />

Upholding freedom of e~pression: Council officers using e 15year-old<br />

boy In an uneercover’sting’ operation to curd alcohol sales<br />

to uneerage customers complained when an angry shopkeeper’s<br />

CCTV image of him appeared in a local paper. <strong>The</strong>y claimed this<br />

in~nged his privacy and rights as a child under the Code. But the<br />

shopkeeper whose staff sold the boy alcohol, wanted to<br />

eemonstrate publicly that he looked at least 18<br />

<strong>The</strong> PCC rejected the complaint. It said that the boy’s welfare<br />

wasn’t involved and the story of possible entrapment rested entirely<br />

on his physical appearance.<br />

To have found that the picture breached the Code would have<br />

Newspaper and Nagazine Publishing in the UK<br />

<strong>Edi</strong>tors’ Code of Practice 2887<br />

interfered with the shopkeeper’s ability to conduct his arguments<br />

freely in public -- and could have been incompatible with his rights<br />

to free expresa~on. Camwa// County C6 Jnd, v <strong>The</strong> Pecket<br />

F~lmc~uth: Reporl 74, 2057).<br />

Could the information have been obtained by ether means? A<br />

key test of the validity of the public interest defence is whether the<br />

information could have been obtained without intrusion or other<br />

breach. This applies particularly m cases involving clandestine<br />

listening dewces= subterfuge, harassment, or payments to witnesses<br />

or criminals<br />

<strong>The</strong> Press Complaints Commission is charged with enforcing the following Code of Practice which was framed<br />

by the newspaper end periodical industry and was ratified by the PCC on 13 .tune 2007 to include changes which<br />

took effect from 1 August 2007.<br />

A~I members of the press have a duty to maintain the<br />

highest professional standards, <strong>The</strong> Code, which<br />

includes this ,£ea~b~e and the public interest<br />

exceptions belo~; sets the benchmark for those ethice~<br />

standards, protecting both the rights of the individual<br />

end the public% ri#ht to know. it is the cornerstone of<br />

the system of self-regulation to which the industry has<br />

made e binding commitment.<br />

interference with freedom of expression or prevents<br />

publication in the public interest,<br />

Bt is the responsibility of e~itors and publishers to apply<br />

the Code to editorial materiel in both printed and online<br />

versions of publications. <strong>The</strong>y should take care to<br />

ensure it is observed rigorously by ell editorial staff<br />

and ezterne! contributors, including non-journalists, in<br />

printed end online versions of publications,<br />

it is essential that an agreed code be nonoured not only <strong>Edi</strong>tors should co-operate swiftly with the PCC in the<br />

to the letter but in the full spirit, it should not be<br />

resolution of complaints. Any publication judged to<br />

interpreted so narrowly as to compromise its have breached the Code must print the adjudication in<br />

commitment to respect the rights of the individual, nor full end with due prominence, including headline<br />

so broadly that it constitutes an unnecessary<br />

reference to the PCC.<br />

MOD100036616<br />

41

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