Complaint
The 12.30pm edition of the programme included a report containing footage shot in a public place in which the complainant featured recognisably. The complainant contacted the 91福利社 to ask for the footage to be removed from any subsequent report, giving valid reasons in support of the request. The sequence which the complainant had identified was removed from the version of the report intended for the 6.30pm edition, but another sequence later in the report, in which the complainant also featured, was not removed. The ECU considered the complaint in the light of the 91福利社鈥檚 editorial standards of privacy.
Outcome
The 91福利社鈥檚 guidelines on privacy say that, when filming takes place openly in places accessible to the public, consent is not normally required from individuals who are incidentally caught on camera as part of a general scene unless they are engaged in an activity where they have a legitimate expectation of privacy. As nothing intrinsically private was filmed in this instance, the use of the footage in the 12.30pm broadcast did not constitute an infringement of the complainant鈥檚 privacy. However, the same guidelines go on to make clear that if the programme-makers are then contacted by someone after filming has taken place with a request not to show them, and their request for privacy is warranted, it should be carefully considered. The programme-makers agreed in this case that the request was warranted and set out to give it effect by removing the sequence identified by the complainant. However, they overlooked the fact that the longer version of the report in preparation for the 6.30pm broadcast included a second sequence in which the complainant featured.
The inclusion of that sequence in the 6.30pm broadcast constituted an infringement of the complainant鈥檚 privacy. However, the ECU noted that as soon as the team realised its oversight, it arranged for the footage to be removed from all 91福利社 outlets, including 91福利社 iPlayer, and apologised to the complainant. In the ECU鈥檚 judgement, these actions sufficed to resolve the issue of complaint.
Resolved