Privacy law on celebrity's private affairs

Us Weekly, OK! Magazine, Star Magazine, in Touch....



Credits: Living Barefoot and Crazy





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These are the familiar names of magazine for the readers from the Western countries. 

For the Malaysian readers, I am sure that you have heard of Galaxie magazine.

Credits: Twilighters Malaysia

These magazines put celebrity news as a focus and most of it deal with celebrity's personal life. Publishing contents regarding celebrity personal life may attract a lot of readers but this kind of publishing material may invade their privacy rights. Photographers tried their best to capture photographs and create sensational news from those images to the extent that they hide and use super lenses to capture the celebrity's personal life in their private home and on vacation.

For instance, some French magazines such as Closer and Chi  had published images of Kate Middleton, the Duchess of Cambridge topless when she was on a private vacation with Prince William (Schmidt 2012). This news had created a huge debate over the issue on the privacy laws and privacy rights of individuals.

Credits: Examiner.com

According to Linter (2007, p.172), "violating privacy is still wrong unless outweighed by some vastly compelling public right to know". In this case, Kate Middleton is on her private vacation with her husband and she has the right to keep her private matters from the public. Also, a celebrity's private affairs does not have a compelling public right to know matters.

The actions made by those publications has broken the French privacy law. According to Fraser (2012), "France has a strict privacy law that makes it a criminal offence to publish information on a person's private life without the express permission of the person concerned". Therefore, it is an offence to publish images of celebrity's private without their consent as what those French publications did to Kate Middleton.

Privacy law in Malaysia

Here, in Malaysia; we do have our own privacy laws. According to the recent Federal Court case of Sivarasa Rasiah v Badan Peguam Malaysia & Anor [2010] 3 CLJ 507 at 519. Article 5(1) of the Constitution provides that “No person shall be deprived of his life or personal liberty save in accordance with law" (cited in Foong 2011). Therefore, we have our own rights for our own privacy.

As we Malaysians are more conservative in nature, such cases of publication of private life of  a celebrity do not happen here. Most of our magazines publish news about celebrity on their current and future productions and even where there is news about their private life, the news are mostly derived from the celebrity's own public announcement.








Reference:
Foong, CL 2011, Right to privacy in Malaysia: Do we have it?, Malaysian Insider, viewed 1 November 2012, http://www.themalaysianinsider.com/breakingviews/article/right-to-privacy-in-malaysia-do-we-have-it-foong-cheng-leong-loyarburok.com.

Fraser, C 2012, Analysis: Are French privacy laws really strict?, BBC News, viewed 1 November 2012, http://www.bbc.co.uk/news/world-europe-19595796.

Linter, K 2007, Global Regulatory Issues for the Cosmetics Industry, Elsevier Inc, United States of America.

Schmidt, RH 2012, Royal Exposure: How much privacy should Kate and Harry expect?, Examiner.com, viewed 1 November 2012, <http://www.examiner.com/article/royal-exposure-how-much-privacy-should-kate-and-harry-expect>.

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The Art of editing and altering images

Today, all types of publications such as magazines use edited and perfected photographs only as part of its norms and practices. Readers are being exposed to those images continuously throughout their life that they don't realize that it is being altered from the original but accepted that as a good standard of quality photographs taken. This has raised the issue of ethics in editing images where is there a boundary to this practices.

According to an article by Haughney (2012), edited images has changed the realistic nature of the environment where images of " skies are made brighter, animals become flawless, grass is made to look greener and, in a recent issue of Women’s Health, sheep was made to look whiter.

The dog's ear was edited to remove the water particles

The sheep that was edited to make it look whiter

 Credits: New York Times

This is indeed true where all images made to look flawless include non-human subject and the scenery used as image background. In fact, there is a limit to this practice. Under the National Press Photographers Associations (NPPA)'s Code of Ethics, "editing should maintain the integrity of the photographic images' content and context as well as not manipulate images or add or alter sound in any way that can mislead viewers or misrepresent subjects".

Misleading images lead to false news

The type of images which can be edited depends on the context and purpose of the images. News related images cannot be edited as the public depends on the news published. Misleading photographs can create  fake news which will create chaos. News images "can be computer-enchanced only for the purpose of producing the closest possible likeness of what the photographer actually saw" (Irby 2004).

For instance, the recent images of Irene Hurricane which had been Photoshopped created  chaos in the public as it mislead the public about the actual condition which happened in New Jersey.

Credit: Mind Blowing Facts

 Credit : Gregory Michael

The photograph above altered by adding a shark in the water has created a fake news that the Irene Hurricane has swept the dangerous marine life into the neighborhood in New Jersey. The distribution of this image has created fear among those online readers who saw this picture. According to Zennie (2012), the fake images "has spread across social media at a viral pace, shared by tens thousands of shocked people on Facebook and Twitter".


Editors of these photographs probably got the idea from the recent movie, "Bait" where natural disaster had swept sharks into the supermarket.

Credits: Meld Magazine

Editing of images permitted in certain circumstances

On the other hand, images can be edited if the editing does not mislead the readers. For instance, removing the red eye from the photograph captured.

Before red eye removal

After red eye removal

 Image credit: Design Mentor Training

This is because such editing work does not altered or manipulate the original content of the photograph. As shown above, the baby in the 'after red eye removal' image is the same as the before edited image but with the baby's eye fixed. The red eye on the image is due to the flash from the camera being reflected on the eye of the subject. Therefore, editing photographs is permitted when the image is unflattering due to the camera's mechanism fault.

I strongly agree that a border line should be put to the art of editing images. Photojournalist should follow the rules that are bound to them. Such rules are available through the National Press Photographers Association. This is to make all publications credible to the readers and the public who depends on the news. Altering images which change the content means creating false news that cheat the public. This act will cause the publisher and editor of such news to lose their loyal readers and being criticized badly by the public when the truth is known. If the editor insist on publishing extreme altered images to please their eyes and the eyes of the readers, a clause should be put together with the images to tell the readers that the image may not be the same as the real fact. But isn't that telling a lie? Yes. It's up to their decision.

Food Styling, making dishes fit for the camera

Additionally, there is one type of magazine where most of the image captured seems to be unrealistic where the subject of photo shoot is being manipulated or 'arranged' to resemble the real thing. It's the food related magazine and the recipe or cookbooks.

credit: Bon Appetit

Now, have you wondered why the dish that you cooked does not come out as pleasant to the eyes as the one given in the cookbook even through you followed strictly the instructions given? Well, that's because those pictures in the cookbook is styled to look mouthwatering.

Credit: Cannele et vanille

For instance, the food in the image above had been styled where the food is being carefully arranged with the right angle and condiments to make it look appealing.

Such people who are specialize in this field are called 'Food Stylist' and their work deal with 'Food Styling'. Basically, their job is to style the food or dishes to be fit for the camera. According to Manley (2011), food stylist starts their job by buying all the ingredients needed, cook the dish and end with styling it for the camera.

As most of the consumers rely on the pictures when ordering food or when purchasing certain products, the product purchased may not be the same as the ones illustrated. This often resulted in frustrated consumers where they feel that they are being cheated by the advertisements.

Xia Xue, a famous Singaporean blogger has demonstrated the art of styling a raw chicken into an oven roasted chicken.

The raw chicken indeed looks like a cooked roast chicken after being styled. So, the image produced from such production must state a clause that ' the image is for illustration only' and it may not resembled the end product.

Being a wise consumer, we must be alert towards all publications and do not follow or trust blindly what is being advertised.




Reference:

Haughney, C 2012, 'Who Can Improve on Nature? Magazine Editors, New York Times, viewed 31 October 2012, http://www.nytimes.com/2012/07/21/arts/magazine-editors-and-photographers-on-retouching-photos.html?pagewanted=all&_r=0.

Irby, K 2004, 'Austin American-Statesman Photo Manipulation Policy', Poynter, viewed 31 October 2012, <http://www.poynter.org/uncategorized/22849/austin-american-statesman-photo-manipulation-policy/>. 

Manley, R 2011, The Glamorous Life of a Food Stylist, BBC Food, viewed 1 November 2012, <http://www.bbc.co.uk/blogs/food/2011/10/the-glamorous-life-of-a-food-s.shtml>.  

National Press Photographers Associations 2012, NPPA Code of Ethics, viewed 31 October 2012, http://nppa.org/professional_development/business_practices/ethics.html.

Zennie, M 2012, 'Ravaged homes, submerged subways... and now sharks? Sandy spoofs flood the internet', Mail Online, viewed 1 November 2012, <http://www.dailymail.co.uk/news/article-2226091/Sandy-memes-Sharks-post-Sandy-spoof-pictures-flooded-neighborhoods.html>. 




# Warning: The description in this blog may contained information which may not applicable to all users. The owner of the blog is not responsible for any loss cause by any misinterpretation of the content posted.