Are Bloggers legally entitled to privacy?

Jun 19, 2009   //   by admin   //   Posts  //  No Comments

The Guardian covered a recent high court ruling in the UK which could have broad reaching consequences for bloggers.

Basically, the UK high court ruled that Bloggers did not automatically have a right to keep their identities secret.  The case revolved detective constable Richard Horton – the blogger behind Nightjack blog (now pulled down following a settlement with Lancashire Police), a blog about his experiences in the police force.

Horton prevented the Times from revealing his identity after arguing the paper would be putting him at risk of disciplinary action for disclosing confidential information about prosecutions within the force.

However, in a landmark judgment Mr Justice Eady overturned the injunction, stating that Horton, whose blog at one time had around 500,000 readers a week, had “no reasonable expectation of privacy”.
“I do not accept that it is part of the court’s function to protect police officers who are, or think they may be, acting in breach of police disciplinary regulations from coming to the attention of their superiors,” Eady added.

Because it is a public format, the court felt that anonymity did not automatically apply. Unlike journalists and the traditional media, the rules of engagement and protecting sources is seen as sacrosanct. As the bloggersphere evolves  will we see it adopt the guidelines already in place by the media on a proactive basis, or will it develop through either legal precedents or mutual understanding?

While this is a UK ruling, it will be interesting to see how privacy entitlements and blogging could be interpreted here in Ireland.

cyril.moloney at scomms.ie

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