European Directives — the Emerging Dilemmas

Abstract

a time. Clearly there are competing values here. A person in the news, must expect to attract the attention of newsmen. On the other hand, excessive attention may amount to a nuisance. It may be that this sort of conduct is already covered by the law of public nuisance, but it may be better to have clear statutory guidelines. What is proposed is that a citizen who catl make out a case of undue harassment should be entitled to an injunction against the media as a whole-a sort of class action. But the ban should not be absolute: it should specifically be provided that the court should not grant such an injunction unless the subject is willing to undertake to provide reasonable and defined opportunities for photography and interviewing. If one may say so, HRH the Princess of Wales probably does not begludge being photographed -she would just like some time off now and again. (b) Voyeurism. This is exemplied by the shooting of 'bedrooIn' scenes with a telephoto lens, or the printing of salacious sexual gossip of interest to the public but not in the public interest. There is no reason why this conduct should be allowed at all. There should be a specific defence that the subject holds a position of public trust and the activity sought to be reported is such as to disqualify him from holding such position in the minds of most reasonable persons. Since this involves a value judgement it is essential ttlat it be exercised in a consistent manner, which is not likely to happen unless there is a specialist media court. (c) Commercial advertising. The use of a living person's name or likeness for the purpose of promoting a coInmercial product or service should be prohibited unless his consent is obtained. (d) Qunsi-trespass. As a piece of valid law reform in its own right, the law of trespass should be amended to declare that a licensee (whether gratuitous or for value) has a cause of action against a person who interferes with the enjoyment of the licence, if he knows or has reason to believe that that is what he is doing. Because the media do sometimes have to trespass there should be the same exception as in the case of Voyeurism, above.