I find it fascinating that a "photo of a mortally wounded soldier" is okay to publish so as to show the "reality of war". Would this be because of your ideological thoughts of war? As long as the subject matter endorses your personal convictions of war? Sounds a tad hypocritical to me.
I was referring to a recent controversy about a photo of a mortally wounded soldier being published (maybe it wasn't quite as large a controversy as I thought). I wasn't making any comment on the legitimacy of either side of the argument in particular, just that saying there were two sides to that story - that is a good example of the good for free journalism/speech vs censorship for the common good and I though both sides had good points. My point then being that I don't think the same sort of argument applies here, because there's no point to publicly showing pictures of an athlete dying that overcomes his right to privacy.
Your comment about our "American obsession legal technicalities..."; yes, its called our Bill of Rights and it's part of our Constitution, something that I and most Americans take very seriously. And contained within our Bill of Rights are some Amendments and in the First Amendment we have the freedom of the press and freedom of assembly among others....
Yes yes I realise all that, but this is what I mean about an
obsession with the technicalities, with black and white. Those rules are there to protect the greater good, but it doesn't mean their strict interpretation leads to the best outcome
all the time, which seems to be the commonly held idea over there. There are exceptions. Videos/literature to incite racial hatred for example are banned despite the fact that it tramples free speech because its commonly held by the majority of society to bring about "anti-social behavior" (I love that term haha)(to avoid confusion again, I'm talking about here, not in the states, I have no idea what the law is there).
One, I can see that you are ignorant of privacy laws here in the States as well as your own country. The image in question does not violate any privacy laws here in the States or in Australia for that matter (yes, I researched your privacy torts). Furthermore, there is absolutely nothing that mandates paramedical personal from preventing the press from photographing a patient in a publicly open area. You need to stay focused on patient care and let command worry about who can safely access the area. You are however required to protect the patent's privacy once that patient is moved into area of "expected privacy" such as the back of the ambulance. Make every effort to close the doors from the public and of course the media would be barred from entering the ambulance.
I am completely ignorant of your privacy laws, but I wasn't commenting on them.
As for ours, there are many different levels and requirements for privacy that exists in many different forms of legislature and common law, not to mention our contracts with various ambulance services and codes of conduct - I can't imagine you can state for certain that this is the case of all of them having spent a few hours googling. But you may very well be correct, as I said, I don't know for sure. And it may not strictly be a privacy issue, the images may be illegal under censorship laws, or regulations or some other code of conduct of television stations. Maybe the journalists have more taste. But what ever the reason, images like that don't end up on the news here, and I don't see any particularly good reason why they should.
I'm not sure if the "expected privacy" comment was in reference to your system or my system, but you surely do see how that phrase is open to interpretation. My level of expected privacy (and, it seems, that of most Aussies) would certainly involve some level of protection from cameras whether they be 30cm away trying to get in the door or a mile away with giant telephoto lense. Obviously I'm not going to storm up onto a building a mile away and throw a journalist's camera off the roof, of course actions to that extent would be illegal but we don't necessarily have a law telling us
exactly what we can and can't do. Its mostly left up to reasonable judgment, and if its made in good faith, then mostly it doesn't reach the courts. Putting sheets up around an arrest in public is very common and yet strangely society isn't falling apart from this affront to free speech.
I was physically removed from an non-fatal accident scene (I was actually watching quietly from 20-30 metres away) by police because the paramedics didn't like the fact that I was "gauking". I wasn't that happy, because I was interested in what was going on, but I'll get over it. I don't need to take it to the federal court. The policeman, I suppose you could say, technically assaulted me when he pushed me away rather heavily with no particular reason. I could take him to court and let them decide whether it was assault- but why would I? I'm perfectly happy to call him a wanka and move on. We could jump up and down and scream about my civil rights, but we don't. We just don't have that obsession with litigious technicality. Start herding people into concentration camps and it might be a different matter ( I get the concept of a slippery slope, but lets be reasonable).
Listen, I can see that you are young and somewhat new to this business and your passion to protect the privacy of the patient is noble. And you should by all means protect the patent's privacy, but within the boundaries of the law. If your were to have me removed from a scene just because I'm a journalist while other civilians are allowed to view the scene, I would be forced to file a civil liberties lawsuit against you for violation of my freedom to gather (this has been done by the media in the past).
Doing all the things I mentioned is certainly within the bounds of the law (although my point during this little essay has been that the line of the law is not as strictly defined, of if it is, its not enforced). Again, this issue of being strictly litigious comes up. You wouldn't be
forced to file a law suit. That sort of thing is relatively rare here. As the journalist, you could simply accept that you were being annoying in a sensitive environment and move on, knowing that you wouldn't and shouldn't be able to publish the pictures anyway (Even if you legally could, why would you? Because you are legally allowed too? Again reasonable judgment comes into it - I think most journalists here would agree images like that have little journalistic value [baring any money to be made] in the context of a news paper or broadcast [see my comments about documentaries further down]).
Anyway, my original point was more about being allowed to publish them on the news rather than whether or not they are allowed to take them in the first place (which is a separate issue). I'm sure plenty more gets shot here than is allowed to go to air. At the same time, I don't think it should be banned from view. Its more appropriate for, and indeed I believe it should be part of, expose documentaries etc ( I do think it should be available to view if you really want to). I just don't think the news is the appropriate place for it...its just too public and it comes directly after the event when everyone is still upset.. I'm glad that Australian news outlets feel/are forced to act, the same way.