Discriminatory media reporting oversight
Lack of adequate powers for a regulatory body to intervene in cases of allegedly discriminatory reporting by the press.
27 items
1 source
1 inquiry
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Inquiry recommendation
96match
L38 - Discriminatory Reporting Powers
In conjunction with Recommendation 11 above, consideration should also be given to Code amendments which, while fully protecting freedom of speech and the freedom of the press, would equip that body with the power to intervene in cases of allegedly discriminatory reporting, and in so doing reflect the spirit of equalities legislation.
Matched on
terms: discriminatory, reporting
Inquiry recommendation
48match
L72 - Exemplary Damages for Media Torts
Exemplary damages (whether so described or renamed as punitive damages) should be available for actions for breach of privacy, breach of confidence and similar media torts, as well as for libel and slander. The application to a defendant of any relevant system of regulation of standards enforcement which is contained in or recognised by statute and good internal...
Matched on
terms: media
Inquiry recommendation
48match
L69 - Review of Damages for Media Torts
There should be a review of damages generally available for breach of data protection, privacy, breach of confidence or any other media-related torts, to ensure proportionate compensation including for non-pecuniary loss (all referable to the duration, extent and gravity of the contravention).
Matched on
terms: media
Inquiry recommendation
47match
L58 - ICO Policy on Press Regulation
The Information Commissioner's Office should take immediate steps to prepare, adopt and publish a policy on the exercise of its formal regulatory functions in order to ensure that the press complies with the legal requirements of the data protection regime.
Matched on
terms: media
Inquiry recommendation
47match
L53 - ICO Regard for Regulatory Membership
Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office must have regard to the application to a data controller of any relevant system of regulation or standards enforcement which is contained in or recognised by statute.
Matched on
terms: media
Inquiry recommendation
47match
L52 - ICO Balance of Public Interest
In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, in considering the exercise of any powers in relation to the media or other publishers, the Information Commissioner's Office should have special regard to the obligation in law...
Matched on
terms: media
Inquiry recommendation
43match
L70 - Civil Justice Council Damages Review
The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media and others) and thereafter to make recommendations on the appropriate level of damages for distress in such cases. How the matter is then taken forward will ultimately be...
Matched on
terms: media
Inquiry recommendation
43match
L63 - ICO Adopt DPP Guidelines
The Information Commissioner's Office should immediately adopt the Guidelines for Prosecutors on assessing the public interest in cases affecting the media, issued by the Director of Public Prosecutions in September 2012.
Matched on
terms: media
Inquiry recommendation
43match
L61 - ICO Advice for Data Subjects
In particular, the Information Commissioner's Office should take immediate steps to publish advice aimed at individuals (data subjects) concerned that their data have or may have been processed by the press unlawfully or otherwise than in accordance with good practice.
Matched on
terms: media
Inquiry recommendation
43match
L59 - ICO Good Practice Guidelines
In discharge of its functions and duties to promote good practice in areas of public concern, the Information Commissioner's Office should take immediate steps, in consultation with the industry, to prepare and issue comprehensive good practice guidelines and advice on appropriate principles and standards to be observed by the press in the processing of personal data. This should...
Matched on
terms: media
Inquiry recommendation
40match
L40 - Public Advice and Warning Service
A new regulatory body should continue to provide advice to the public in relation to issues concerning the press and the Code along with a service to warn the press, and other relevant parties such as broadcasters and press photographers, when an individual has made it clear that they do not welcome press intrusion.
Matched on
classifier match
Inquiry recommendation
39match
L74 - Qualified One Way Costs Shifting
In the absence of the provision of an approved mechanism for dispute resolution, available through an independent regulator without cost to the complainant, together with an adjustment to the Civil Procedure Rules to require or permit the court take account of the availability of cost free arbitration as an alternative to court proceedings, qualified one way costs shifting...
Matched on
terms: media
Inquiry recommendation
39match
L64 - ICO Engage with Metropolitan Police
The Information Commissioner's Office should take immediate steps to engage with the Metropolitan Police on the preparation of a long-term strategy in relation to alleged media crime with a view to ensuring that the Office is well placed to fulfil any necessary role in this respect in the future, and in particular in the aftermath of Operations Weeting,...
Matched on
terms: media
Inquiry recommendation
31match
L67 - Sentencing Guidelines for Data Offences
On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of s55 of the Data Protection Act 1998, the Secretary of State for Justice should use the power vested in him by s124(1)(a)(i) of the Coroners and Justice Act...
Matched on
classifier match
Inquiry recommendation
31match
L66 - ICO Organisation Review
The Information Commissioner's Office should take the opportunity to review its organisation and decision-making processes to ensure that large-scale issues, with both strategic and operational dimensions (including the relationship between the culture, practices and ethics of the press in relation to personal information on the one hand, and the application of the data protection regime to the press...
Matched on
classifier match
Inquiry recommendation
31match
L65 - ICO Specialist Knowledge Review
The Information Commissioner's Office should take the opportunity to review the availability to it of specialist legal and practical knowledge of the application of the data protection regime to the press, and to any extent necessary address it.
Matched on
classifier match
Inquiry recommendation
31match
L62 - ICO Annual Report on Press
The Information Commissioner's Office, in the Annual Report to Parliament which it is required to make by virtue of section 52(1) of the Act, should include regular updates on the effectiveness of the foregoing measures, and on the culture, practices and ethics of the press in relation to the processing of personal data.
Matched on
classifier match
Inquiry recommendation
31match
L60 - ICO Public Guidance
The Information Commissioner's Office should take steps to prepare and issue guidance to the public on their individual rights in relation to the obtaining and use by the press of their personal data, and how to exercise those rights.
Matched on
classifier match
Inquiry recommendation
31match
L56 - ICO Consult with CPS
A new duty should be introduced (whether formal or informal) for the Information Commissioner's Office to consult with the Crown Prosecution Service in relation to the exercise of its powers to undertake criminal proceedings.
Matched on
classifier match
Inquiry recommendation
31match
L55 - ICO Prosecution Powers Extension
The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.
Matched on
classifier match
Inquiry recommendation
27match
L73 - Civil Procedure Rules on Costs
The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of an arbitral system set up by an independent regulator itself recognised by law. The purpose of this recommendation is to provide an important incentive for every publisher to...
Matched on
classifier match
Inquiry recommendation
27match
L71 - Aggravated and Exemplary Damages
The Report of the Law Commission on Aggravated, Exemplary and Restitutionary Damages should be adopted in relation to its recommendations that legislation should provide that: (a) aggravated damages should only be awarded to compensate for mental distress and should have no punitive element; (b) exemplary damages should be retained (although re-titled as punitive damages).
Matched on
classifier match
Inquiry recommendation
27match
L68 - PACE Amendments Consideration
The Home Office should consider and, if necessary, consult upon: (a) whether paragraph 2(b) of Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE) should be repealed; (b) whether PACE should be amended to provide a definition of the phrase "for the purposes of journalism" in s13(2); and (c) whether s11(3) of PACE should be amended...
Matched on
classifier match
Inquiry recommendation
27match
L54 - Bring into Force Section 55 Penalties
The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and Immigration Act 2008 (increase of sentence maxima) to the extent of the maximum specified period; and by section 78 of the 2008 Act (enhanced defence for public interest...
Matched on
classifier match
Inquiry recommendation
27match
L51 - Repeal Procedural Provisions
The procedural provisions of the Data Protection Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.
Matched on
classifier match
Inquiry recommendation
18match
L17 - No Prior Restraint Power
The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service of advice to editors of subscribing publications relating to code compliance which editors, in their discretion, can deploy in civil proceedings arising out of publication.
Matched on
classifier match
Inquiry recommendation
13match
L16 - Apology Placement Power
The power to direct the nature, extent and placement of apologies should lie with the Board.
Matched on
classifier match