“No doubt, there may be times when exposing wrong-doing by the police necessitates violating individual privacy. When such a time arises, I have no doubt that the committed and responsible people who make up the vast majority of journalists in this country will fearlessly report the truth. When that happens, the courts would do well to heed Wragg’s warnings about the dangers of treating public interest matters as all-or-nothing issues, and instead start engaging actively in a detailed, subtle and – above all else – genuine balancing exercise. But this was not such a case.”
This critique follows on from my previous post, in which I responded to Paul Wragg’s criticism of the manner in which the judge in Richard v BBC dealt with the first stage of the claim – whether Richard had a “reasonable expectation of privacy” in respect of the information broadcast about him.
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