Investigative journalism

Investigative journalism is where journalists go off the news agenda and decide the agenda for themselves. Reporters deeply investigate a single topic of interest most commonly involving crime, political corruption and financial issues, much like what you see on BBC's Panorama.
De Burgh (2000) says the following to define investigative journalism: "An investogative journalist is a man or woman whose profession is to discover the truth and to identify lapses from it in whatever media may be available. The act of doing this generally is called investigative journalism and is distinct from apparently similar work done by police, lawyers, auditors and regulatory bodies in that it is not limited as to target, not legally founded and closely connected to publicity."

There are cautions for journalists to consider when taking part in investagative journalism. Article 8 of the Human Rights Act 1988, garuntees the right to privacy. This gives protection against a public authority and also against the media so people can use this to prevent or seek damages for breaches of their privacy.

Investigative journalism contains alot of infomration which has been obtained covertly.
Surreptitious filming r recording, for example, should be used only where it is warranted, and normally it will be warranted if:

• there is prima facie evidence of a story in the public interest; and
• there are reasonable grounds to supect that further material evidence could be obtained; and
• it is necessary for the credibility and authenticity of the programme.

Ofcom said that secret filming by a reporter who obtained a job in a prison was justified, to show practices at the prison which, it was claimed, put vulnerable prisioners at risk and which failed to deal with hard drug use.
In 2005, in the Mckennitt case, the singer's former friend and employee, published a book with no rights which contained confidential personal information about their friendshsip. In 2006, the Court of Appeal reffered to cases where 'confidence' arose from information having been acquired by unlawful or surreptious means.
The court regarded the taking of long-distance photographs as being an exercise gernerally considered to raise privacy issues. In the Douglas case the wedding pictures had been taken by an uninvited freelance photographer and in the Campbell case, photographs of the model leaving a Narcotics Anonymous therapy session were also taken surreptitiously.

In 2008 the singer Madonna launched a High Court action against the Mail on Sunday for more than £5million in damgers over private photographs of her wedding to film director Guy Ritchie.
The photographs were copied surreptitiously by an interior designer during work at Madonna' US home, the court was told. The paper admitted breach of copyright and privacy and damages were due to be assessed in 2009.
However, journalists can plead that the disclosure of confidential information would be in the public interest. Judges may be prepared to accept that the celebrity status of a claimant can generate a public interest in private conduct that ould otherwise be protected.

The Regulation of Investigatory Powers Act (RIPA) 2000 prohibits intentional and unlawful interception of communications by post or phone or other tele-communication systems. It supersedes the Interception of Communications Act 1985 but, unlike the 1985 Act, it applies to private systems as well as public systems. The gaps in the law were illustrated when a journalist tapped the phone of the actress Antonia de Sancha to record telephone conversations between her and David Mellor, a government minister.
RIPA says that the sender or recipient of an intercepted message can sue, even if the person having the right to control the use of a private system gives permission, if such interception is without lawful authority.
The BBC's Panorama programme's into the investigation of the Omagh bombing is an illustrative example of investigate journalists using persausive and accurate, but legally inadmissible evidence, gathered by the police. The official investiagtion was largely based on the innovative methods of electronic tracking of mobile phone traffic.

some elements of the law are more relevant to photographers, journalists using video cameras and TV crews than to print reporters.
The Protection Against Harassment Act 1997 is designed to tackle all stalkers. In 2008 the actress Sienna Miller accepted damages of £53,000 in settlement of civil law claims for harassment and breach of privacy claims agains Big Pictures Ltd. Terms were agreed which included undertakings by the agency not to pursue Miller by car, motorcycle, or moped, or to place her under surveilance. It also included nt taking pictures of her leaving buildings where she had an expectation of privacy.

Public interest is extremely important. If the information obtained is of public interest this needs to be balanced against the right of the individuals uder the investigation to maintain their reputation as well as their right to privacy under the Human Rights Act. If it can be shown that there is a high level of public interest in making the allegations, and that they are free from malice, then there is a strong qualified privilege right to publish them even if the allegations turn out to be untrue or are incapable of proof.