My image appeared in paper without consent

qvsr46ofgc792k · 29-10-2018 12:52PM #1

My image was printed in several newspapers over the last few days as I was a witness in a court case. I'm not happy with that for several reasons and it also feels like such an invasion of privacy especially as I was under no legal obligation to be at court. Are the newspapers legally entitled to do this?

Giveaway · 29-10-2018 12:54PM

I wonder is their a mechanism for you to talk to the judge. I suspect they are allowed a court is a public spectacle with exceptions for certain offences and family law

29-10-2018 12:55PM

I'm pretty sure they can. Have they said anything about you that could be considered defamatory?

yosser hughes · 29-10-2018 12:59PM

Have the newspapers actually named you along with the image?

qvsr46ofgc792k · 29-10-2018 01:03PM

yosser hughes wrote: »

Have the newspapers actually named you along with the image?

Yes they named me.

qvsr46ofgc792k · 29-10-2018 01:04PM

Willow Incalculable Transistor wrote: »

I'm pretty sure they can. Have they said anything about you that could be considered defamatory?

No not exactly.

qvsr46ofgc792k · 29-10-2018 01:06PM

Giveaway wrote: »

I wonder is their a mechanism for you to talk to the judge. I suspect they are allowed a court is a public spectacle with exceptions for certain offences and family law

It doesn't exactly give comfort to a witness though does it. I probably would not have done it had I known, my image and name would have been plastered all over the papers.

STB. · 29-10-2018 01:25PM

Kaylani Purring Menu wrote: »

It doesn't exactly give comfort to a witness though does it. I probably would not have done it had I known, my image and name would have been plastered all over the papers.

Was this a high profile case, perhaps in another jurisdiction ?

jimmynokia · 29-10-2018 01:25PM

Did they ask you for the images. If not you can ask them. The MSM have a nasty habit of doing this and I've encountered similar issues myself and they basically told me to fcuk off until I threatened legal action.

qvsr46ofgc792k · 29-10-2018 01:27PM

STB. wrote: »

Kaylani Purring Menu wrote: »

It doesn't exactly give comfort to a witness though does it. I probably would not have done it had I known, my image and name would have been plastered all over the papers.

Was this a high profile case, perhaps in another jurisdiction ?

No not high profile at all.

punisher5112 · 29-10-2018 01:29PM

Any time I go to court I keep head down and extremely difficult for a photo shoot of the face.

I think it fair game for criminals but I don't believe witnesses should be published in any way.

I would be speaking to the court about it.

Discodog · 29-10-2018 01:37PM

I would be tempted to publicise this - Liveline springs to mind. It's hard enough to get witnesses to testify without this.

Victor · 29-10-2018 01:53PM

Kaylani Purring Menu wrote: »

My image was printed in several newspapers over the last few days as I was a witness in a court case. I'm not happy with that for several reasons and it also feels like such an invasion of privacy especially as I was under no legal obligation to be at court. Are the newspapers legally entitled to do this?

Were these photos taken by the newspapers or by you / your social circle?

Were they taken in a public place?

FunLover18 · 29-10-2018 01:55PM

Not a legal expert but surely court cases are a matter of public record and as such your name would be available in all relevant documents and records anyway. There are only certain types of cases where names either of the accused or victim are withheld and I'm presuming that because it wasn't a high profile case, the court would have been open to the public as well. As you said, you weren't under any obligation to be a witness, you chose to be and unfortunately it appears to be a newsworthy case. It's a shame that that the legal team didn't warn you this might happen.

Again, not a legal expert and open to correction on all of the above.

STB. · 29-10-2018 01:56PM

Up to the publisher to make the call. They normally would publish it if it was of interest to the story. I presume the photo was taken after the case was decided!

https://www.digitalrights.ie/photographers-rights/

rivegauche · 29-10-2018 02:48PM

I suffered this as well. It was not a particularly flattering picture either which made me look 20 years older than I am.
I was a Witness, not the Defendant and the court report while sexed up to make a trivial enough incident seem interesting didn't show me in a bad light I was still not happy to have my picture in the paper.

I saw the photographer taking my photograph and approached him and told him that I really would prefer if he didn't take my picture. I was not aggressive and we had a polite conversation but he obviously had to fill column inches.
He wasn't really in Court for the case where I was witness. He was in Court for another more interesting case but while I was waiting in the foyer(???) of the Court I saw a Barrister come out and phone her client the Defendant to warn them that there was a photographer around. That phone call which I overheard didn't discuss any other topic, just "watch out for the Photographer". I told the photographer this which didn't seem to surprise him. As they got no pictures of proper criminals they had to carry something else...
Some Legal Professionals seem to go the extra mile for their drug dealing Clients. I suppose that is how you get the repeat business.

Charles Ingles · 29-10-2018 03:49PM

High profile murdey case, I know exactly the case you are talking about, a lot of evidence was pertaining to you this week even though you had no Involvement with case, papers shouldn't have Printed your picture morbid curiously by reporter

coylemj · 29-10-2018 03:57PM

If you're a witness in a trial (with a jury), your name and address will be supplied to the accused in the book of evidence. I'm not sure that you have any grounds for complaining if a newspaper publishes your photo, unless there are reporting restrictions on the case.

Plenty of people are shown on TV and in the papers going into and coming out of court, some of them are witnesses, others are the accused. The only time I can recall a judge pulling up the media was during the Catherine Nevin trial when some of them were slapped over the wrists for the details they published about the clothes she wore each day during the trial.

29-10-2018 04:53PM

punisher5112 wrote:

I think it fair game for criminals but I don't believe witnesses should be published in any way.

Would I have seen photos of witnesses in failed or bogus compensation claim cases?

MyKeyG · 29-10-2018 06:10PM

I'm not sure but unless a Judge orders a hearing to be held in camera it's considered a public venue therefore there's no expectation of privacy therefore no invasion of privacy. Even if you did pursue it in civil court a judge might decide you should have been aware that the media would be present.

I know it's too late now but you could contact them and request that they don't use the photos again. It's no skin off their nose whose picture they use. I was actually up in circuit court a few years ago and I asked the local paper if they made sure my name didn't appear in their 'who was up in court' section and it turns out they were going to but had plenty of other stories so they agreed.

evolving_doors · 29-10-2018 06:16PM

Is the 'journalist/photographer shakedown' an urban myth or does it actually go on?
I've heard 2nd hands stories.

c6ysaphjvqw41k · 29-10-2018 06:30PM

This post has been deleted.

29-10-2018 06:35PM

Juliana Mango Tangent wrote: »

This post has been deleted.

There is an exemption to GDPR requirements for 'journalistic purposes' and for 'academic, artistic or literary expression'.
https://gdpr-info.eu/art-85-gdpr/

evolving_doors wrote: »

Is the 'journalist/photographer shakedown' an urban myth or does it actually go on?
I've heard 2nd hands stories.

What's this - being asked to pay a bribe to NOT have your article or photo printed?

c6ysaphjvqw41k · 29-10-2018 06:36PM

This post has been deleted.

angel eyes 2012 · 29-10-2018 08:17PM

Juliana Mango Tangent wrote: »

Thanks! Didn't know about that part.

Also Section 159(7) of the Data Protection Act 2018, which provides a legislative basis to bona fide journalists for the "fair and accurate reporting of the proceedings".

Although the GDPR is directly applicable as a law in all Member States, it allows for certain issues to be given further effect in national law.

Under His Eye · 29-10-2018 08:18PM

AndrewJRenko wrote: »

What's this - being asked to pay a bribe to NOT have your article or photo printed?

I have heard of it many times.

Conor84 · 29-10-2018 10:51PM

rivegauche wrote: »

I suffered this as well. It was not a particularly flattering picture either which made me look 20 years older than I am.
I was a Witness, not the Defendant and the court report while sexed up to make a trivial enough incident seem interesting didn't show me in a bad light I was still not happy to have my picture in the paper.

I saw the photographer taking my photograph and approached him and told him that I really would prefer if he didn't take my picture. I was not aggressive and we had a polite conversation but he obviously had to fill column inches.
He wasn't really in Court for the case where I was witness. He was in Court for another more interesting case but while I was waiting in the foyer(???) of the Court I saw a Barrister come out and phone her client the Defendant to warn them that there was a photographer around. That phone call which I overheard didn't discuss any other topic, just "watch out for the Photographer". I told the photographer this which didn't seem to surprise him. As they got no pictures of proper criminals they had to carry something else...
Some Legal Professionals seem to go the extra mile for their drug dealing Clients. I suppose that is how you get the repeat business.

Ended up with mu picture in the paper after a minor case in the District Court. I had pleaded guilty but hadnt told my family I was up im court. A few days later my picture was in the Courts page in the Evening Herald. Embarrasing and I never realised how many people still read the paper. I think it was only in because the judge made a funny comment about mt case.

Just wondering how the photographers would know who I was coming out of court. I left pretty much straigh after my case and there were loads of other cases going on. Never expected to make the papers and it was a horrible picture.

punisher5112 · 29-10-2018 11:11PM

Conor84 wrote: »

Ended up with mu picture in the paper after a minor case in the District Court. I had pleaded guilty but hadnt told my family I was up im court. A few days later my picture was in the Courts page in the Evening Herald. Embarrasing and I never realised how many people still read the paper. I think it was only in because the judge made a funny comment about mt case.

Just wondering how the photographers would know who I was coming out of court. I left pretty much straigh after my case and there were loads of other cases going on. Never expected to make the papers and it was a horrible picture.

They have spotters inside who then let the ones outside know.

Sometimes you will see them just take shots of everyone they can.

Victor · 29-10-2018 11:59PM

punisher5112 wrote: »

They have spotters inside who then let the ones outside know.

Sometimes you will see them just take shots of everyone they can.

Take photos going in. Compare to parties.

Mrs OBumble · 30-10-2018 12:06AM

AndrewJRenko wrote: »

What's this - being asked to pay a bribe to NOT have your article or photo printed?

A very normal part of some public-relations practises.

30-10-2018 12:08AM

coylemj wrote: »

If you're a witness in a trial (with a jury), your name and address will be supplied to the accused in the book of evidence. I'm not sure that you have any grounds for complaining if a newspaper publishes your photo, unless there are reporting restrictions on the case.

Plenty of people are shown on TV and in the papers going into and coming out of court, some of them are witnesses, others are the accused. The only time I can recall a judge pulling up the media was during the Catherine Nevin trial when some of them were slapped over the wrists for the details they published about the clothes she wore each day during the trial.

That would put me right off witnessing anything, so someone guilty of how serious a crime will have name and address details or their legal team? all the same what might a legal team do to get their client off, leave your name and address laying around possibly?
Think Id easily forget what I saw

My image appeared in paper without consent

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