3.4 The legal issues that affect media

Legal considerations to protect individuals

Media producers have a legal responsibility to protect the rights of individuals when collecting or publishing content. This includes things like taking photographs, collecting data, or publishing statements about people. Understanding these legal considerations helps avoid harm and prevents legal consequences.

Privacy and permissions

Media creators must understand when and where they have permission to record or photograph people.

• Public places – You usually have the right to take photographs or record video in public areas. However, you must still respect people’s privacy and avoid causing distress.
• Private property – You must get permission from the property owner to record or take photos. This includes places like homes, shops, schools and offices.
• Publishing and commercial use – Even if a photo was taken legally, you still need permission to use it commercially, especially if it shows identifiable people. This often involves getting written consent.
• Harassment and invasion of privacy – Following someone, taking photos without consent in private spaces, or using zoom lenses to spy on people can count as harassment or invading someone’s privacy, which is illegal and unethical.

Defamation

Defamation is when false information is shared about a person that damages their reputation. There are two main types:

• Libel – Defamation in a written or published format, such as a social media post, article, or blog.
• Slander – Defamation through spoken words, such as in a video or recording.

To avoid defamation, media producers should always check that information is true and not misleading before publishing anything about someone. This protects both the subject and the reputation of the producer.

Data protection

When collecting or using people’s personal information, media producers must respect data rights. A person whose data is being collected is known as a data subject.

Data subjects have the right to:

• Know what data is being collected and why
• Give consent before their personal data is stored or used
• Request changes or deletion of their data
• Expect their data to be stored safely and securely

Media producers must collect only the data they need, keep it secure, and not share it without permission.

Why do these legal considerations matter?

Following these rules:

• Protects the rights and privacy of individuals
• Prevents harm, distress, or damage to someone’s reputation
• Helps media producers avoid legal action, fines or loss of trust

Using or publishing inaccurate or unauthorised personal information can have serious effects. It could damage someone’s reputation or mental wellbeing, and it could also damage the reputation and future opportunities of the media producer.