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The general public had little access to the lives of celebrities prior to the digital age. People were rarely carried away by the escapism of celebrity scandals. However, technological advancements have resulted in daily headlines on dating rumours to what celebrities eat for breakfast. As a result, public curiosity about celebrities has increased and so has the invasion of privacy.
The Law and Privacy
Currently, in the United Kingdom, the media aren’t subject to any regulations over their content, though of course they can still be prosecution for spreading hate speech. For example, the Racial and Religious Hatred Act 2006 makes it an offence to stir up religious hatred, whilst the Criminal Justice and Immigration Act 2008 makes it an offence to incite hatred on the grounds of sexual orientation. Regulating what the media publishes is challenging, given that freedom of expression is a fundamental human right. Article 10 of the Human Rights Act 1998 states that ‘Everyone has the right to freedom of expression; This right shall include freedom to hold opinions.’ However, Article 8 of the Human Rights Act holds that ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’ The Courts ruled that Article 8 covers things such as your right to determine your sexual orientation, the way you look and dress and, your lifestyle. So where does this leave the rights of privacy for celebrities?
In 2012, the European Court of Human Rights determined that the media could publish articles and photographs without the consent of the celebrity. They said if the individual is a public figure and the subject of the report about them has a reason to detail information about the person’s private life, then the media can publish the information.
In the United States, the right to privacy isn’t specifically mentioned in the U.S Constitution, though some amendments do imply privacy for certain things. For example, the First Amendment provides the freedom to religious belief, and to keep that choice private and the Third Amendment protects the privacy of the home. However, some states do have statutes or common laws that protect the right to privacy. Thomas Cooley first acknowledge privacy as a right ‘to be let alone’ in his treatise of torts, 1879. Nonetheless, there is no specific federal law that protects the privacy of celebrities.
Paparazzi
Following Princess Diana’s death in 1997, several regulations governing paparazzi rights were passed in both England and the United States. In the state of California, paparazzi are not permitted to trespass on private property or use telephoto lenses to spy on private property or track targets in vehicles. Photographs taken for editorial purposes in a public location are protected under the First Amendment’s right to free expression. However, there are some exceptions such as police crime scenes, public bathrooms, and restricted areas. Furthermore, if someone uses a celebrity’s likeness to sell a product or service without authorization, they may face legal responsibility.
Fortunately, just because the media is allowed to publish freely, this doesn’t exempt them from a legal obligation. If the media publish false information, they can be sued for defamation. Defamation causes hatred or disdain for a person, causing them to be avoided or ostracized.
The Problem
In order for celebrities to promote their work, whether that be a new album or TV show being released, they need to attract media attention. This has led many people to question if celebrities are really in the position to complain about the media’s attention. Nonetheless, A poll by TheJournal.ie revealed that out of 5,700 people, 51.4% believe that the media intrudes on the lives of celebrities and that the media are ‘totally out of control.’
But should they expect privacy? Articles 10 and 8 contradict themselves when it comes to the personal life of a star. On one hand, the media are deserving of freedom of expression, but on the other hand, celebrities should be granted privacy.
Celebrities, like everyone else, are human beings. They deserve the right to keep certain elements of their lives private. It would be unjust to expose an ordinary person’s personal affairs to the entire world, and so it should be no different for celebrities.
Another issue to consider is public demand. Society has shown continuous interest in gossip columns and so in order for the media to make revenue, they’ll need to publish the most intriguing stories. Jeremy King, the editor of Media Week, commented that ‘The incessant need of the public to know what every celebrity is doing is phenomenal…Ironically, this same public are equally outraged when it comes to normal civilians having their private lives publicly played out.’
Rather than stories about unknown people, articles detailing aspects of celebrities’ daily affairs elicit a considerably higher level of public attention. The press has a responsibility to keep the public informed about issues of public concern. As celebrities better their positions in the public eye, they create ongoing interest in their actions. the public believes as though they know a celebrity, and so feel as though they have the right to know about their personal lives.
Taylor Swift
Taylor Swift is a well-known example of a superstar being denied privacy when it comes to her personal life. Swift has endured a lot of misogyny during her career. At the start of her fame, Swift was seen as the innocent country girl who just wanted to write songs; however, the media pried on and exploited her relationships for money. Even companies, such as Abercrombie and Fitch utilized the sexist joke by selling t-shirts that said, ‘more boyfriends than t.s.’. However, this issue is still ongoing in 2021. In one episode of the Netflix show ‘Ginny and Georgia,’ a character states ‘You go through men faster than Taylor Swift.’ Swift responded on Twitter by tweeting ‘How about we stop degrading hard-working women.’
Over the years, the media has simply fueled this sexist joke. So why is the media allowed to intrude into her personal life? Although she has publicly shared her relationship at some points, does that mean the media are allowed to publish articles revolving around it, integrating sexist jokes? Furthermore, another question that has to be asked is it only because it is nearly impossible for her and others to keep their ‘private’ life private that they have made them public? If celebrities were protected by privacy laws, they may not be so eager to publicize their personal lives.
Conclusion
In conclusion, it’s clear that human rights are essential, and they should be applied to every single person. So instead of asking the question ‘do celebrities deserve privacy,’ a more approachable and realistic question we should be asking is ‘how can we balance the right to privacy and the right to freedom of expression?’
Sources
- Human Rights Act 1998, Article 8 <https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7> accessed 13 September 2021
- Human Rights Act 1998, Article 10 <https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/9> accessed 13 September 2021
- Racial and Religious Hatred Act 2006, Part 3A <https://www.legislation.gov.uk/ukpga/2006/1/wales/enacted> accessed 7 October 2021
- Criminal Justice and Immigration Act 2008 <https://www.legislation.gov.uk/ukpga/2008/4/section/63> accessed 7 October 2021
- 'Article 8: Respect For Your Private And Family Life | Equality And Human Rights Commission' (Equalityhumanrights.com, 2021) <https://www.equalityhumanrights.com/en/human-rights-act/article-8-respect-your-private-and-family-life#> accessed 15 September 2021
- Out-Law, 'Reporting On Celebrities' Private Lives Can Be Legitimate, European Court Of Human Rights Rules' (2021) <https://www.pinsentmasons.com/out-law/news/reporting-on-celebrities-private-lives-can-be-legitimate-european-court-of-human-rights-rules> accessed 16 September 2021
- Finn S, 'Poll: Do You Think The Media Intrudes Too Much On The Lives Of Celebrities?' (TheJournal.ie, 2014) <https://www.thejournal.ie/do-you-think-the-media-intrudes-too-much-on-the-lives-of-celebrities-1492753-May2014/> accessed 20 September 2021
- 'Taylor Swift Criticises Netflix Show For 'Deeply' Sexist Joke' (BBC News, 2021) <https://www.bbc.co.uk/news/entertainment-arts-56247655> accessed 13 September 2021
- 'Is There A 'Right To Privacy' Amendment? - Findlaw' (Findlaw, 2019) <https://www.findlaw.com/injury/torts-and-personal-injuries/is-there-a-right-to-privacy-amendment.html> accessed 20 September 2021
- 'What Are The Laws Regarding Paparazzi?' (Hg.org) <https://www.hg.org/legal-articles/what-are-the-laws-regarding-paparazzi-31179> accessed 20 September 2021
- Nordhaus J, 'Celebrities Right To Privacy: How Far Should The Paparazzi Be Allowed To Go?' (Jumpjet.info, 1999) <http://www.jumpjet.info/Emergency-Preparedness/Disaster-Mitigation/Civil/Celebrities_Rights_to_Privacy.pdf> accessed 20 September 2021
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