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Privacy is the issue at stake

October 29, 2008

When 27,000 people complain about a BBC broadcast, it’s a fair bet that somewhere along the line the law has been broken. But talk of Russell Brand and Jonathan Ross having committed a criminal offence in disseminating obscene material over the phone is a red herring; it is the law of privacy that could take centre stage in this dispute.

As Jennifer McDermott, a partner at Withers LLP, says: “Even though Georgina Baillie has now admitted sleeping with Brand, at the time this was broadcast she had a reasonable expectation that this was a private matter. Merely because Brand is a celebrity, he doesn’t have the right to broadcast details of private sexual liaisons.”

Mark Thompson, the BBC’s Director-General, will be hoping that Ms Baillie does not sue for invasion of privacy. The corporation would be vicariously liable for the acts of its presenters.

(Article from Times Online)

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