Introduction
Right to privacy became an issue in the US as far back as 1890 in words not unfamiliar to 21st century ears:
“The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery” (Warren & Brandeis, 1890, cited in Pearson, 2005, p.2).
Privacy is much more widely violated today due to technology. Ethical guidelines for journalists have not kept up with these changes, augmented by the availability of platforms on an international scale. Ward has discussed ethics issues for media which include:
“Accuracy and Verification: How much verification and context is required to publish a story? How much editing and ‘gate-keeping’ is necessary? (and) Deception and Fabrication: Should journalists misrepresent themselves or use recording technology, such as hidden cameras, to get a story? Should literary journalists invent dialogue or create composite ‘characters’?” (Ward, 2009, p.296).
The two cases discussed here came to light via covert recordings made of high profile members of the New Zealand community, namely the sexual allegations against Dr Morgan Fahey and the exposure of the sex and drug life of international eventer, Mark Todd. The proceeds of the recordings were made public. This case study will compare the cases to determine whether the intrusions were ethically justified.
In 1998, TV3 alleged in its 20/20 programme that Dr Morgan Fahey had been sexually abusing patients. A second show featured a meeting between ex-patient Brenda and Fahey in his surgery that Brenda filmed via a secret handbag camera. Fahey’s lawyers tried to prevent the secret footage being transmitted but the injunction was overturned
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