Law Lecture #6

Breach of confidence & Qualified Privilege

This weeks Law lecture was based on breach of confidence. This is where someone leaks certain confidential information. Papers have leaked information in the past and as long as can be proven it is within the public interest, it can be ok. Ultimately, this is still breaking the law but the public interest law allows journalists to sometimes get away with more than normal. An example of leaking information is Edward Snowden. Last year he leaked national security agency documents to journalists. It was a big controversy whether Snowden should be seen as a hero or traitor for releasing this information. 

Qualified Privilege
Qualified privilege is the defense when it is considered important that the facts should be freely known in the public interest. 
Other occasions in other reporting where qualified privilege will arise - annual general meeting.  The term qualified is a reference to qualified to circumstances in place. It’s got to be in the meeting. 

You can get qualified privilege - as long as reports are;
- Fair
- Accurate
- Without malice
- In public interest

Absolute privilege refers to courts and other court things. 

Situations where material is privileged - WITHOUT explanation or contradiction:

1. Public proceedings in a legislature anywhere in the world (i.e. Russia)
2. Public proceedings in a court anywhere in the world
3. Public proceedings of a public inquiry anywhere in the world

Part 2 Privilege

• Subject to explanation and contradiction
• Public Meetings
• Local councils and committees
• Tribunals, commissions, inquiries
• General meetings of UK public companies
• Company documents (if theres an error legally, you have protection as it was in the company document so they won’t go after you).
• Associations have different status
• Findings or decisions are covered
• Proceedings are not

Pressers

• Pressers are public meetings (Lords 2000)
• Written handouts also covered
• Consider risks of live broadcasting 

Privilege summed up
Your reports must be;

• Fair
• Accurate
• Without malice
• On matter of public interest
• No privilege outside main proceedings

An inquest is conduced by coroners. It is a legal procedure to establish the cause of death if it appears ‘violent or unnatural’. It does not rule on who may be responsible.

Inquest Juries
In exceptional cases where;

• Deceased was in state detention
• Death result of an action by police
• Result of workplace accident

Types of verdict

• Narrative verdicts: increasingly common
• Short form: ‘natural causes’/‘misadventure’/‘accidental death’/‘dependence on drugs’
• Unlawful killing or open verdict

Media Rules

• Inquest is a court proceeding protected by absolute privilege
• Covered by contempt of court act - so no publishing of prejudicial material
• Coroners can impose reporting restrictions

Ethics and treasure

• Be aware of bereaved families in your coverage - not all detail
• Coroners must decide whether found objects of value are ‘treasure’ and subject to reward