Channel 4 documentary ruled as breaching privacy code

A complaint of unwarranted infringement of privacy against a Channel 4 Cutting Edge documentary on how journalists source "true life stories" has been upheld in part by Ofcom.

The documentary, called My Daughter Grew Another Head and other True Life Stories followed a number of journalists who spoke about how they source "true life" stories from members of the public and get them published.

One section of the programme followed a freelance journalist trying to get a story from the friend of a murderer to sell to a magazine.

Following the broadcast of the programme an individual identified as Mrs P made various complaints on her own behalf, and that of other family members of the person murdered, including that her privacy was unwarrantably infringed in the making and the broadcast of the programme.

In its broadcast bulletin today Ofcom said the complainants retained a legitimate expectation of privacy under Section 8 of the Broadcasting Code but Channel 4 did not obtain consent before broadcasting information about the murder of their relative, which included his first name and a partial photograph from a tabloid newspaper.

Ofcom said while an infringement in this respect was warranted under the terms of Practice 8.6, Channel 4 should have "at least informed the complainants, and specifically Mrs P, of its plans" due to to the particular nature and content of the relevant part of the programme "and its potentially distressing effect on the complainants". In this respect the broadcast breached Rule 8.1 of the Broadcasting Code.

"Channel 4 gave no specific reason why taking this step was not 'reasonably practicable' under Practice 8.19 and Ofcom considers its failure to do so was not otherwise warranted under that practice in the circumstances."

According to Ofcom's report today, before responding to Mrs P's specific complaints Channel 4 emphasised it had never been its intention "to cause distress or upset to Mrs P or any member of her family", and offered its sincere apologies to the extent
the broadcast of the programme had that effect.

"Channel 4 explained that, in view of the distress caused, it had taken immediate steps to amend the master copy of the programme by deleting the reference to the first name of Mrs P's son, and the photograph of him which briefly appeared in the programme.

"Channel 4 confirmed that the programme would not be re-broadcast (or otherwise made available) by it in the same form, and that the amended version of the programme would not in any way identify Mrs P's son by name or photograph."

Channel 4 maintained, however, it had acted in good faith and felt the broadcast of the programme "had complied with the relevant provisions of Ofcom's Broadcasting Code".

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