> Public figures have no private lives, says Lawyer Amie Bensouda
> The Independent (Banjul)
> June 2, 2000
> By Alagi Mbye and Jainaba Jobarteh
>
> Banjul - Private barrister-at-law Mrs Amie Bensouda has told journalists
that while privacy is guaranteed under the constitution, case law has shown
that in most cases public figures forfeit their right to privacy.
>
> Mrs Bensouda was speaking at the second in a series of monthly forums on
media law and ethics sponsored by the Media Foundation for West Africa and
co- ordinated by The Independent newspaper. The forum was held last Saturday
at the premises of the Gambia Press Union.
>
> Presenting a paper on the topic Privacy laws and people in the public
domain, Mrs Bensouda told journalists that the right to privacy is guaranteed
under Section 23 of the Constitution of the Republic of The Gambia which
states that 'no person shall be subject to interference with the privacy of
his or her home, correspondence or communications save as in accordance with
law and as is necessary in a democratic society in the interest of national
security, public safety or the economic well-being of the country, for the
protection of health or morals, for the prevention of disorder or crime or
for the protection of the rights and freedoms of others.'
>
> She said that the exceptions under Section 23, though not yet tested in the
courts, in her opinion gave journalists protection in investigating
corruption, threats to national security, public safety, immoral activities
and health risks etc.
>
> 'For instance, if you have information which leads you to believe that a
particular house in which a person lives is being used for, let's say child
prostitution, obviously you will have a right and a duty as a journalist to
find out more about what is going on in the house with the purpose of
exposing it,' she said.
>
> She also explained that there was no right to privacy under common law
although breach of confidentiality covers many aspects of violations of
privacy. Breach of confidentiality relates to the disclosure of information
obtained 'in confidence' and not intended by the owner to be disclosed to any
other person.
>
> However in relation to public figures, Mrs Bensouda cited a number of cases
where case law under breach of confidentiality found that these people had
effectively forfeited their right to privacy by making their lives 'public'
in their roles as politicians, celebrities etc.
>
> She quoted British judge Lord Denning in the case of Woodward v. Hutchins
who said 'if a group seeks publicity which is to their advantage it seems to
me that they cannot complain if a servant afterwards discloses the truth
about them. If the image, which they fostered, was not a true image it is in
the public interest that it should be corrected.'
>
> Mrs Bensouda said this meant that 'if you are a public figure and you want
your good side to be known, if you have a bad side the public have a right to
know this as well.'
>
> Mrs Bensouda explained that it was possible to defend a breach of
confidence if it could be shown that (a) the information was not
confidential, that is, it was in the public domain as with public figures;
(b) the owner had previously consented to publication; (c) the information
discloses an iniquity such as gross injustice, corruption, maladministration,
immorality etc or (d) it is in the public interest.
>
> Mrs. Bensouda's paper prompted some lively and informative discussion among
the journalists present.
>
> Baba Galleh Jallow, Editor-in-chief of The Independent newspaper, in his
presentation stressed that journalists often find it difficult to draw a line
between the public and the private aspects of public figures such as the
President. The forum, Mr. Jallow said, covered an important issue for
journalists and editors as they were often attacked by people in public
office who accuse them of meddling in their private lives.
>
> Journalists from all the major newspapers and electronic media, including
GRTS radio and TV were present. The forum was chaired by GPU chairman D.A.
Jawo.
>
>
>
>
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--
>
> The Independent (Banjul)
> June 2, 2000
> By Alagi Mbye and Jainaba Jobarteh
>
> Banjul - Private barrister-at-law Mrs Amie Bensouda has told journalists
that while privacy is guaranteed under the constitution, case law has shown
that in most cases public figures forfeit their right to privacy.
>
> Mrs Bensouda was speaking at the second in a series of monthly forums on
media law and ethics sponsored by the Media Foundation for West Africa and
co- ordinated by The Independent newspaper. The forum was held last Saturday
at the premises of the Gambia Press Union.
>
> Presenting a paper on the topic Privacy laws and people in the public
domain, Mrs Bensouda told journalists that the right to privacy is guaranteed
under Section 23 of the Constitution of the Republic of The Gambia which
states that 'no person shall be subject to interference with the privacy of
his or her home, correspondence or communications save as in accordance with
law and as is necessary in a democratic society in the interest of national
security, public safety or the economic well-being of the country, for the
protection of health or morals, for the prevention of disorder or crime or
for the protection of the rights and freedoms of others.'
>
> She said that the exceptions under Section 23, though not yet tested in the
courts, in her opinion gave journalists protection in investigating
corruption, threats to national security, public safety, immoral activities
and health risks etc.
>
> 'For instance, if you have information which leads you to believe that a
particular house in which a person lives is being used for, let's say child
prostitution, obviously you will have a right and a duty as a journalist to
find out more about what is going on in the house with the purpose of
exposing it,' she said.
>
> She also explained that there was no right to privacy under common law
although breach of confidentiality covers many aspects of violations of
privacy. Breach of confidentiality relates to the disclosure of information
obtained 'in confidence' and not intended by the owner to be disclosed to any
other person.
>
> However in relation to public figures, Mrs Bensouda cited a number of cases
where case law under breach of confidentiality found that these people had
effectively forfeited their right to privacy by making their lives 'public'
in their roles as politicians, celebrities etc.
>
> She quoted British judge Lord Denning in the case of Woodward v. Hutchins
who said 'if a group seeks publicity which is to their advantage it seems to
me that they cannot complain if a servant afterwards discloses the truth
about them. If the image, which they fostered, was not a true image it is in
the public interest that it should be corrected.'
>
> Mrs Bensouda said this meant that 'if you are a public figure and you want
your good side to be known, if you have a bad side the public have a right to
know this as well.'
>
> Mrs Bensouda explained that it was possible to defend a breach of
confidence if it could be shown that (a) the information was not
confidential, that is, it was in the public domain as with public figures;
(b) the owner had previously consented to publication; (c) the information
discloses an iniquity such as gross injustice, corruption, maladministration,
immorality etc or (d) it is in the public interest.
>
> Mrs. Bensouda's paper prompted some lively and informative discussion among
the journalists present.
>
> Baba Galleh Jallow, Editor-in-chief of The Independent newspaper, in his
presentation stressed that journalists often find it difficult to draw a line
between the public and the private aspects of public figures such as the
President. The forum, Mr. Jallow said, covered an important issue for
journalists and editors as they were often attacked by people in public
office who accuse them of meddling in their private lives.
>
> Journalists from all the major newspapers and electronic media, including
GRTS radio and TV were present. The forum was chaired by GPU chairman D.A.
Jawo.
>
> Culled from the Independent.
>
> Ziz.(chaw chaw hamjii)
>
>
>
>
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>
>
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