Which is very interesting to me as I believe if my (increasingly unreliable) memory serves me well was the point which my ISEB DP course started 10-12 years ago with Kevin Broadfoot at the helm. Defamation and liable, what are they? Some people questioned why we were looking at it, seems like Kevin was right.

 

Chris

 

 

 

Although something which is libellous is very likely also to be a breach of DPA. See Robin Hopkins' very important recent piece on how DPA is becoming increasingly used in defamation claims:

 

http://www.panopticonblog.com/2012/08/20/the-data-protection-act-in-defamation-cases-increasingly-relevant-potentially-primary/

 

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Donald Henderson - CHX
Sent: Monday 03 September 2012 13:24
To: [log in to unmask]
Subject: Re: [data-protection] The Fresh Prince The public interest vs the public appetite

Fair point, but I think we were coming at it from the perspective of the DPA rather than libel legislation.

 

 

Then there are the stories which are in the public interest, but the more respectable press still gets demonised.

 

A classic example of the press falling foul of the law only to then be redeemed is the Sunday Times investigation into cyclist Lance Armstrong’s alleged use of performance-enhancing drugs.  Armstrong successfully sued the paper for libel, taking advantage of the UK’s favourable legal regime.  The ST paid out a total of £600,000 in compensation and legal costs.  Yet a few years later it emerges that the ST was right all the time – or so it seems – even though Armstrong is still in denial despite his decision to end the legal battle to clear his name.

 

This issue is very much in the public interest, but in this case perfectly legitimate investigative journalism has been hampered by excessively robust libel laws.

 

 

 

 

I’ve been watching this debate with interest and finally decided to toss in my tuppence worth…

 

I do not think that there was any public interest in publishing the photograph – i.e. there is no public interest in seeing Harry without his clothes on. I think. however, that there is reasonable public interest in knowing that it was possible to take such a photograph.

 

The public interest in this case is not the photograph itself, but rather in the nature of the event and its potential implications for the public purse and the security of those under protection due to the photograph being taken.

 

I suggest the journalists and management of the Sun are unable to understand that difference or see beyond the effect publication has on their income.

 

Donald Henderson

Information Compliance Manager

Perth & Kinross Council

 

 

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