Purpose & Scope

“The purpose of journalism is not defined by technology, nor by journalists or the techniques they employ… the principles and purpose of journalism are defined by something more basic: the function news plays in the lives of people.”

“The purpose of journalism is thus to provide citizens with the information they need to make the best possible decisions about their lives, their communities, their societies, and their governments.”

If we take those words seriously, our newsroom must commit to reporting with diligence, integrity, and respect for the law. This guidance outlines four key areas, each with law/code references, case examples, and a practical takeaway for day-to-day journalism in Scotland:

1. Privacy
2. Breach of confidence
3. Protection of sources
4. Use of copyrighted material without consent

1. Privacy

Legal context: Article 8 ECHR (via the Human Rights Act 1998) protects private and family life, balanced with Article 10 (freedom of expression). IPSO’s Editors’ Code (Clause 2) and IMPRESS standards require publishers to respect reasonable expectations of privacy, unless justified by a clear public interest. Covert methods are restricted (IPSO Clause 10) and must be necessary and proportionate.

Public interest factors (non-exhaustive): detecting/exposing crime; protecting health/safety; preventing the public being misled; disclosing miscarriages of justice; contributing to serious public debate; exposing unethical conduct or incompetence; and preventing concealment of the above. See IPSO guidance.

Case example: IPSO 09453-22 — A woman v Daily Mirror. The partner of Levi Bellfield alleged a privacy breach after the paper used a publicly available Facebook photo with her face blurred; her name was withheld. IPSO found no breach given anonymity, public availability, and the clear public interest in the story.

Newsroom takeaway: Weigh and record the public-interest test before publication. What is “public” online isn’t automatically “fair game”, but it can affect whether a breach has occurred.

2. Breach of Confidence

Legal context: Breach of confidence applies where information shared in circumstances importing a duty of confidence is disclosed without authority. It remains relevant alongside privacy/misuse of private information.

Case example 1: Lord Levy & The Times (2000). Information about tax affairs reached the paper after impersonation calls to HMRC (which the paper denied making). The court accepted a public-interest defence (given political context on tax avoidance) but the route of acquisition highlighted risks around subterfuge. Coverage: The Guardian, The Times.

Case example 2: Douglas & Zeta-Jones v Hello! Rival publication ran unauthorised wedding photos obtained by deception despite an exclusive with OK! Court held this was a breach of confidence: steps taken to control access mattered.

Newsroom takeaway: Newsworthiness does not nullify duties of confidence. If deception or intrusion is involved, the public interest must be clear, compelling, and defensible.

3. Protection of Sources

Legal context: The Contempt of Court Act 1981 protects source confidentiality save for narrow exceptions: interests of justice, national security, or prevention of disorder/crime. Article 10 ECHR fortifies this right.

Case example: Goodwin v UK (1996). The ECHR found that compelling William Goodwin to reveal a source violated Article 10.

Operational best practice (adapted into policy): defend anonymity when promised; provide secure first-contact routes; explain risks to whistleblowers; verify materials on their merits; use encryption/secure storage; delete data securely when appropriate; and ensure staff training and policies are in place. (See Nieman Lab guidance.)

Newsroom takeaway: Protecting sources is a systems issue. Build confidentiality into tools, workflows, and culture—don’t rely on last-minute heroics.

4. Use of Copyrighted Material Without Consent

Legal context: UK copyright law (Copyright, Designs and Patents Act 1988) allows limited “fair dealing” exceptions for criticism, review, and reporting current events. These require fairness and proper attribution, and photographs are treated more restrictively.

Conditions (in practice): use only what is necessary; attribute properly; be especially careful with photos (seek permission/licensing unless clearly permitted); and never assume “found online” means “free to use”. Helpful overviews: GOV.UK, CopyrightUser, Copyright Alliance.

Practical note: A Facebook post set to “Public” is more accessible, but ethical context and consent still matter.

Newsroom takeaway: Credit creators, check licences, and when in doubt—ask.

Conclusion — Our Legal & Ethical Commitment

Journalism in Scotland operates within domestic law, ECHR provisions, and voluntary codes. Legal compliance is the baseline; trust is the goal. That means:

• Respecting privacy unless there is a clear, provable public interest
• Resisting and scrutinising breaches of confidence unless public interest is overwhelming
• Protecting sources as both a legal right and ethical duty
• Using copyrighted material with integrity, credit, and care

We don’t just report the news; we model how news should be reported. Every editorial decision should stand up in court, in front of regulators, and—more importantly—in the court of public trust.