ÃÛÑ¿´«Ã½

Section 7: Privacy

Sections 7.1, 7.2 and 7.3


7.1 Introduction

The ÃÛÑ¿´«Ã½ respects privacy and does not infringe it without good reason, wherever in the world it operates. The law protects the privacy of individuals and private information about them, but balances that with a broadcaster's right to freedom of expression. In regulation, the Ofcom Broadcasting Code[1] states 'Any infringement of privacy in programmes, or in connection with obtaining material included in programmes, must be warranted.'[2]

An infringement of privacy is considered in two stages, requiring justification for both the gathering and the broadcasting of material where there is a legitimate expectation of privacy.

Legitimate expectations of privacy will vary according to the place and nature of the information, activity or circumstances in question, the extent to which it is in the public domain, if at all, and whether the individual concerned is already in the public eye. There may be circumstances where people can reasonably expect privacy even in a public place. Some activities and circumstances may be of such a private nature that filming or recording, even in public, could involve an infringement of privacy. People under investigation or in the public eye, and their immediate family and friends, retain the right to a private life, although private behaviour can raise issues of legitimate public interest.

(See Section 1 The ÃÛÑ¿´«Ã½'s Editorial Standards: 1.3)


7.2 Principles

7.2.1 The ÃÛÑ¿´«Ã½ must balance the public interest in freedom of expression with the legitimate expectation of privacy by individuals, taking into account ethical, regulatory and legal obligations. Any infringement of privacy in the gathering of material must be proportionate.

(See Section 1 The ÃÛÑ¿´«Ã½'s Editorial Standards: 1.3)

7.2.2 Any infringement of an individual's privacy without their consent must be justified by demonstrating that the intrusion is outweighed by the public interest. The greater the intrusion, the greater the public interest required to justify it.

7.2.3 Content producers should normally only report the private behaviour of public figures where their conduct is unlawful, anti-social or where broader public issues are raised either by the behaviour itself, or by the consequences of it becoming widely known. The fact of publication by other media may not justify the ÃÛÑ¿´«Ã½ reporting of it.

7.2.4 Content producers must not go on 'fishing expeditions', ie secret recording in search of crime or anti-social behaviour by identifiable individuals, or groups, when there is no prima facie evidence of such behaviour.

7.2.5 The public interest in the full and accurate reporting of stories involving human suffering and distress must be balanced with an individual's privacy and respect for their human dignity.

7.2.6 When gathering personal information from contributors, audiences and other members of the public, it must be clear how it is intended to be used. It must be handled in accordance with the ÃÛÑ¿´«Ã½'s Editorial Guidelines and the Data Protection Act 2018.

(See 7.4.58-7.4.63)


7.3 Mandatory Referrals

Stop:

Mandatory referrals must be referred in advance. Mandatory referrals are an essential part of the ÃÛÑ¿´«Ã½'s editorial and compliance process and must be observed.

Referrals to Director Editorial Policy and Standards

7.3.1 Any proposal to gather material illegally outside the UK by disregarding privacy or other similar laws in the relevant country must be referred to Director Editorial Policy and Standards. Programme Legal Advice must also be consulted.

(See 7.4.13)

7.3.2 Director Editorial Policy and Standards must approve any proposal to employ and/or pay someone known to have a criminal record or background of illegal activity to work on a ÃÛÑ¿´«Ã½ investigation.

(See 7.4.19)

7.3.3 Any proposal to use secret recordings made by others must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, by the commissioning editor. If the ÃÛÑ¿´«Ã½ would not have considered it justifiable to gather the material under similar circumstances, the proposal must be referred to Director Editorial Policy and Standards.

(See 7.4.29)

7.3.4 Any proposal to broadcast, without consent, recordings originally made for note-taking purposes must be agreed by Director Editorial Policy and Standards. Permission to broadcast material gathered in this way will only be granted in exceptional circumstances.

(See 7.4.31)

7.3.5 Any proposal to equip third parties with body-worn cameras and microphones, where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission, must be referred in advance to Director Editorial Policy and Standards.

(See 7.4.32)

7.3.6 Any proposal for unmonitored recording equipment on private property without consent of the occupier must be referred to Programme Legal Advice and Director Editorial Policy and Standards.

(See 7.4.34)

7.3.7 Any proposal to use a tracking device where it would infringe the privacy of an individual must be referred to Director Editorial Policy and Standards.

(See 7.4.35)

7.3.8 Any proposal for a private investigator acting for the ÃÛÑ¿´«Ã½ to breach the Editorial Guidelines or, exceptionally, to break the law in pursuit of an investigation must be approved in advance by a senior editorial figure, who must consult Director Editorial Policy and Standards prior to approval, and Programme Legal Advice must also be consulted where it is believed laws may be broken.

(See 7.4.42)

7.3.9 If during the course of making programmes or content, it is believed laws may be broken by someone working for the ÃÛÑ¿´«Ã½, it must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Programme Legal Advice and Director Editorial Policy and Standards.

(See 7.4.13 and 7.4.43)

7.3.10 Any proposal to engage in hacking or commission hacking activities by third parties must be referred in advance to Director Editorial Policy and Standards.

(See 7.4.45)

7.3.11 Any proposal to secretly record a doorstep must be agreed with Director Editorial Policy and Standards. Permission to gather material in this way will only be granted in very exceptional circumstances and must be in the public interest.

(See 7.4.49)

Other Referrals

7.3.12 Any proposal to carry out secret recording, other than for note-taking purposes, must be referred to Editorial Policy. This should be prior to approval by the relevant senior editorial figure or, for independent production companies, by the commissioning editor.

(See 7.4.13)

7.3.13 Any deception required to obtain secretly recorded material, beyond the concealing of recording equipment, should be the minimum necessary and proportionate to the subject matter and must be referred to Editorial Policy prior to approval by the relevant senior editorial figure or, for independent production companies, to the commissioning editor.

(See 7.4.13)

7.3.14 Any proposal to send someone to work undercover on an investigation must be referred to Editorial Policy and Programme Legal Advice.

(See 7.4.17)

7.3.15 Editorial Policy must be consulted about job applications by undercover operatives working on ÃÛÑ¿´«Ã½ investigations.

(See 7.4.20)

7.3.16 ÃÛÑ¿´«Ã½ Safety's High Risk Team, Editorial Policy and Programme Legal Advice must be consulted before investigating, contacting or potentially secretly recording groups or individuals suspected of being involved in serious or potentially violent criminality, acts of extremism or terror related activity.

(See 7.4.21)

7.3.17 Any proposal to identify individuals or organisations secretly recorded for consumer, scientific or social research without their consent must be referred to Editorial Policy who will consider the public interest in identification and the ÃÛÑ¿´«Ã½'s fairness obligations.

(See 7.4.24)

7.3.18 Any proposal to feature identifiable people in a live broadcast for comedy, entertainment or satire, without their knowledge, whether in person, on the phone, or via any other medium must be referred to Editorial Policy at the outset.

(See 7.4.28)

7.3.19 Any proposal to gather material using a drone where it might infringe privacy must be referred to a senior editorial figure or, for independent production companies, the commissioning editor.

(See 7.4.33)

7.3.20 Any proposal to transmit a live stream without alerting those who may be shown in the broadcast must be referred to Editorial Policy.

(See 7.4.40)

7.3.21 Any proposal to use a private investigator must be approved by a senior editorial figure who may consult Director Editorial Policy and Standards before going ahead.

(See 7.4.42)

7.3.22 Any proposal to access data derived from hacks or leaks must be referred to Editorial Policy and Programme Legal Advice. Where such data has been sent to the ÃÛÑ¿´«Ã½, it must be referred to Editorial Policy and Programme Legal Advice before use.

(See 7.4.44)

7.3.23 Any proposal to doorstep an individual or organisation, where a request has previously been made for an interview or a statement, must be referred to Editorial Policy before approval by a senior editorial figure or, for independent production companies, by the commissioning editor.

(See 7.4.47)

7.3.24 Any proposal to doorstep an individual or organisation, where an interview or statement has not previously been requested, must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, the commissioning editor, and a written record of the decision kept. This does not apply to the legitimate gathering of material for the daily news agenda.

(See 7.4.48)

7.3.25 Any proposal to doorstep an individual or organisation for comedy, entertainment or satirical purposes should normally be approved in advance by a senior editorial figure or, for independent production companies, by the commissioning editor. Editorial Policy should also be consulted.

(See 7.4.50)

7.3.26 A decision to proceed with a reconstruction or dramatisation of past events involving suffering or trauma, when there are reasonable objections from surviving victims and relatives who have a legitimate expectation of privacy, should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Editorial Policy.

(See 7.4.57)

7.3.27 Any request by a public authority for a contributor's personal information, or where content producers are proposing to share that information for safeguarding or welfare reasons, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who must refer to Editorial Policy and Programme Legal Advice before information is shared.

(See 7.4.61)

7.3.28 Any proposal to collect personal information on a ÃÛÑ¿´«Ã½ Public Service website which might be disclosed to third parties, including ÃÛÑ¿´«Ã½ Commercial Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Information Rights and ÃÛÑ¿´«Ã½ Fair Trading.

(See 7.4.62)

7.3.29 Any proposal to reveal an under-18's personal details to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Safeguarding, and Information Rights.

(See 7.4.63)


  • [1] The section of the Ofcom Broadcasting Code that relates to this is 8: Privacy. â†©
  • [2] Rule 8.1, The Ofcom Broadcasting Code. â†©

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