Can my picture be taken and published in the newspapers?

It depends on the circumstances. The Press Council of Ireland has a code of practice for newspapers and magazines. This gives guidance to journalists, photographers and the public about when photographs can be taken and how they can be used in the press. 

Under the Press Council’s code of practice, journalists and photographers should not take pictures:

• under false pretences, for example, by pretending to be someone else,
• by deceiving people, or
• by harassing people

unless they can show that it is in the public interest, for example that it is connected to an important news story. 

Something may be ‘in the public interest’ if it is important and the public need to know about it. This is not the same as something that is ‘interesting to the public’. The Press Ombudsman or the Press Council will decide in each case what is in the public interest.

Journalists and photographers should not take photographs of people in private places unless the people agree to it or it is in the public interest. 

Can a newspaper publish a picture or image of a child?

The same rules apply to the taking of photographs of a child or young person. However, children cannot give consent to their photographs being published if the photographs are embarrassing or show them in a damaging way. Because of the vulnerability of children, journalists must take great care to make sure that their images are not exploited, for example for pornography. 

Under the Press Council’s code of practice, journalists should always take care when they are dealing with children because of the vulnerability of children and young people.

The media cannot publish details of a child’s private life just because the child’s parent is well known.

How do I complain about my picture being published in a newspaper?

If you are not happy about your picture appearing in a newspaper, you can complain to the Press Ombudsman (see contact details at the end of this pack). You can also complain to the Press Ombudsman if you think that the behaviour of a journalist breaches the Press Council’s code of practice. 

If you believe that a photograph of you that would seriously damage your reputation is about to be published, you could go to court to get it stopped. If it has already been published, you could sue the newspaper for defamation or invasion of privacy.

What should I do if I feel that a journalist is not respecting my privacy?

You can complain to the Press Ombudsman (see contact details at the end of this pack) if you think that a journalist has invaded your privacy or has tried to get photographs or other information about you through harassment.

What about television?

Broadcasters must not interfere with your privacy without good reason. Also, the programme itself must not interfere with your privacy without good reason, for example by showing your private family life if you did not agree to this.

How can I complain if I feel a television programme has affected my privacy?

You can contact the Broadcasting Authority of Ireland, which has a complaints section (see contact details at the end of this pack). Your complaint must be made within 30 days of the programme being shown or repeated on television.