andrewducker: (Default)
andrewducker ([personal profile] andrewducker) wrote2008-07-28 09:17 pm

It's not a question of rights, it's a question of wrongs.

Over here Lilian, in her legal capacity, talks about the Mosley case, where a court decided that printing details of what Max Mosley got up to with bondage prostitutes was his own affair, and that the newspaper had no right to print pictures of it.

Which is interesting, and I have no particular argument with it. Except, as she points out, it doesn't half make you wonder where this particular slippery slope ends. If one of the prostitutes involved writes their autobiography, should that be banned? How about if they were updating their blog? How much expectation of privacy do we have when people are constantly updating the world about the state of their lives?

Certainly, spreading lies about people is wrong, but does that mean we shouldn't be allowed to say things that are true? If I were to write a blog post about having sex with Gordon Brown this morning, thus outing him to the world, would that be actionable? How about if I updated my facebook status? If I wrote a friend a letter? If I told someone down the pub? If I wrote it in my diary? At what point do we draw the line?

I'm not advocating any particular solution (although, as ever, I fall on the side of The Transparent Society), it's just one of the tensions in society that fascinates me.
[Poll #1231162]

[identity profile] chuma.livejournal.com 2008-07-28 09:30 pm (UTC)(link)
I think with the Mosley case, Freedom of the Press <> Freedom of Speech. Nothing wrong was done, not in my eyes, and it is a clear invasion of privacy. I am pretty glad he won his court case, but also glad the damages given weren't large either.

As for the Dom who sold her story, she's finished I would say. With something where trust is paramount I would say that word will get around and that her 30 pieces of silver will have to last her a fair while.

Spreading truths isn't wrong as such, but there is the world of difference between word of mouth and sending in undercover cameras and people to spy on people for what has nothing to do with anyone else in my opinion. There is a line and the Newspaper crossed it. If, for instance, they printed an article with him having an affair with one of the racing drivers, THAT would be legitimate because it is less about his private life and more about the conflict of interest with his job.

The example you gave of outing Gordon Brown, that is clearly your personal decision to do so and as 1 half of the people involved have a right to speak out. If you were doing it for profit with a newspaper however, I would find your action abhorant.

[identity profile] surliminal.livejournal.com 2008-07-28 09:42 pm (UTC)(link)
I don't think you can ask the question that way - it's contextual. My answer as given is freedom of expression, but if it was my lover who outed me without my consent (or whatever) they would for sure be in for a hard time.

[identity profile] chuma.livejournal.com 2008-07-28 11:11 pm (UTC)(link)
I didn't ask any questions...

[identity profile] surliminal.livejournal.com 2008-07-28 11:13 pm (UTC)(link)
sorry, my bad indent (as opposed to intent :-)

[identity profile] chuma.livejournal.com 2008-07-28 11:24 pm (UTC)(link)
Ah :D

*no longer confused* :)