Everyone has the right to freedom of expression. The right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interest of national security, territorial integrity or public safety.
There must be sufficient cause—the intrusion needs to be justified by the scale of potential harm that might result from it.There must be integrity of motive—the intrusion must be justified in terms of the public good that would follow from publication.The methods used must be in proportion to the seriousness of story and its public interest, using the minimum possible intrusion.There must be proper authority—any intrusion must be authorised at a sufficiently senior level and with appropriate oversight.There must be a reasonable prospect of success; fishing expeditions are not justified. (Guardian Media Group 2011, p. 4)
Detecting or exposing crime, or the threat of crime, or serious impropriety.
Protecting public health or safety.
Protecting the public from being misled by an action or statement of an individual or organisation.
Disclosing a person or organisation’s failure or likely failure to comply with any obligation to which they are subject.
Disclosing a miscarriage of justice.
Raising or contributing to a matter of public debate, including serious cases of impropriety, unethical conduct or incompetence concerning the public.
Disclosing concealment, or likely concealment, of any of the above.
It provides a space for individuals to think for themselves and to engage in creative activity, free from observation and supervision … personal relationships could not develop if the participants felt that every move was watched and reported … Privacy is an aspect of human dignity and autonomy. It enables individuals to exercise a degree of independence or control over their lives. Privacy therefore entails rights to be alone and to keep confidential correspondence and other documents, and to ensure that intimate activity is not filmed or reported. (Barendt 2002, pp. 14–15)
Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security, public safety or economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others. (Human Rights Act 1998, Chapter 42, Schedule 1, Article 8)
A privacy statute would not clarify the law. The concepts of privacy and the public interest are not set in stone, and evolve over time. We conclude that the current approach, where judges balance the evidence and make a judgment on a case-by-case basis, provides the best mechanism for balancing article 8 and article 10 rights. (Joint Committee on Privacy and Injunctions 2012, p. 5)
Concentration of Media Ownership
Just three companies (News UK, Daily Mail Group and Reach) dominate 83% of the national newspaper market (up from 71% in 2015). When online readers are included, just five companies (News UK, Daily Mail Group, Reach, Guardian and Telegraph) dominate nearly 80% of the market, slightly up from our last report. In the area of local news, just five companies (Gannett, Johnston Press, Trinity Mirror, Tindle and Archant) account for 80% of titles (in 2015, six companies had the same share). Two companies have 46% of all commercial local analogue radio stations and two-thirds of all commercial digital stations. (Media Reform Coalition 2019)
Media Ownership: Neoliberal and Political Economy Perspectives
Far from diminishing the importance of media moguls and tech giants, announcing the death of gatekeepers or lauding the autonomy of the public, we should be investigating the way the [media ownership] power is being reconstituted inside digital landscape. (Freedman 2014, p. 107)