Keith Mack
The phone hacking scandal raises questions about the ethics of journalism and the boundaries of privacy law. In 2011, it was revealed that News of the World had hacked into the voicemail of Milly Dowler, a missing schoolgirl, sparking widespread outrage and prompting an investigation into the legality of such practices. The scandal has since led to discussions about the extent to which journalists should be allowed to break the law in pursuit of a story, and the potential consequences of such actions.
| Characteristics | Values |
|---|---|
| Laws broken | Article 8 of the European Convention of Human Rights (right to privacy) |
| Article 10 (right to free speech) |
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What You'll Learn
Privacy law
The phone hacking scandal broke Article 8 of the European Convention of Human Rights, which is the individual's right to privacy. Privacy law has been the one area of UK law to see significant changes in the past few years, with judges interpreting the individual's right to privacy balanced against Article 10 (the right to free speech). Judges have actually leaned too far towards privacy. Take court-issued injunctions that prevent claimants from being identified, or even reporting that an injunction exists. Injunctions were originally meant for witnesses or defendants in trials whose lives would be endangered, like child abusers, but have now been used by a spate of celebrities to cover up details of their illicit affairs.
The phone hacking scandal brought to light the issue of privacy and the role of the media in protecting it. The media has a responsibility to respect the privacy of individuals, but at the same time, they have a duty to inform the public. In the case of the phone hacking scandal, the media crossed the line and violated the privacy of individuals by hacking into their voicemails. This invasion of privacy was not only unethical but also illegal.
The right to privacy is a fundamental human right that is protected by international law, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These laws recognise that everyone has the right to be free from arbitrary interference in their private life, family, home, and correspondence. In the case of the phone hacking scandal, the media interfered with the private lives of individuals by accessing their voicemails without their consent. This violation of privacy caused significant harm to the individuals involved, including emotional distress and damage to their reputation.
The phone hacking scandal also raised questions about the role of the state in protecting privacy. The state has a duty to respect and protect the privacy of its citizens, but in the case of the phone hacking scandal, it was alleged that the state failed to adequately investigate and prosecute the media organisations involved. This failure to uphold the law and protect the privacy of its citizens led to widespread criticism of the state and calls for greater accountability and transparency in the handling of privacy violations.
The phone hacking scandal highlighted the importance of privacy and the need for strong laws to protect it. In the wake of the scandal, there have been calls for greater regulation of the media and stricter enforcement of privacy laws. It has also sparked a broader discussion about the role of the media in society and the balance between the right to privacy and the right to free speech. The phone hacking scandal served as a stark reminder that privacy is a fundamental human right that must be respected and protected, and that any violation of privacy is unacceptable and will not be tolerated.
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Right to free speech
The phone hacking scandal of 2011 raised questions about the balance between the right to privacy and the right to free speech. In the UK, privacy law has been an area of significant change, with judges interpreting the individual's right to privacy (Article 8 of the European Convention of Human Rights) against Article 10 (the right to free speech).
The scandal centred on the question of whether journalists should ever break the law in pursuit of a story. In the case of the phone hacking scandal, journalists from *The Guardian* revealed that the voicemail of missing Milly Dowler had been hacked by *News of the World*. This incident sparked further controversy, with News Corporation-owned *Wall Street Journal* lashing out against the company's critics, specifically mentioning the BBC, The Guardian, and the news website ProPublica.
Some media critics have called for investigations into whether News Corporation and/or its executives also engaged in phone hacking activities and whether they face civil and criminal liability under the Foreign Corrupt Practices Act.
The phone hacking scandal has highlighted the need to respect the right to privacy, even in the pursuit of newsworthy stories. While journalists may believe they have tacit permission to operate outside the law, it is important to consider the potential consequences and ethical implications of their actions.
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Foreign Corrupt Practices Act
The phone hacking scandal broke the Foreign Corrupt Practices Act (FCPA), which was signed into law by President Jimmy Carter on 19 December 1977. The Act prohibits United States and foreign corporations and nationals from offering or paying, or authorising the offer or payment, of anything of value to a foreign government official, foreign political party, party official, or candidate for foreign public office, or to an official of a public international organisation in order to obtain or retain business. This includes any officer, director, employee, or agent of a company or any stockholder acting on behalf of the company.
The FCPA was a pivotal moment in U.S. legal history, as it marked the first significant effort to legally prohibit the bribery of foreign officials. It set a standard for moral leadership and integrity in international commerce, underscoring the importance of honest business practices in fostering stable and fair global markets. The Act is praised by supporters as an important anti-bribery statute that keeps corporations honest when doing business outside the U.S.
However, the law's detractors argue that it unfairly hobbles American companies, giving an advantage to foreign players. In 2025, President Trump froze the enforcement of the FCPA, stating that it "sounds good on paper but in practicality, it's a disaster". While Trump cannot overturn the law, he can change the way it is enforced and shift resources to other Justice Department priorities.
The FCPA is complemented by the Foreign Extortion Prevention Act (FEPA), which was enacted in July 2024. FEPA criminalises the "demand side" of foreign bribery by prohibiting foreign officials from demanding, seeking, receiving, accepting, or agreeing to receive or accept anything of value from certain individuals and entities. This makes it a crime for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept payments from certain classes of persons and entities in return for taking certain actions and in connection with obtaining or retaining business.
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Computer espionage
The phone hacking scandal broke privacy laws in the UK.
To carry out computer espionage, perpetrators may use a variety of tools and techniques, including malware, keylogging software, and social engineering tactics. They may also exploit vulnerabilities in computer systems or take advantage of weak passwords.
The impact of computer espionage can be devastating for individuals and organisations alike. It can result in the loss of confidential information, damage to reputation, and financial losses. In some cases, it can even pose a threat to national security.
To protect against computer espionage, individuals and organisations should take steps to secure their computer systems and networks. This includes using strong passwords, installing security updates, and educating employees about the risks of computer espionage. By taking proactive measures, it is possible to significantly reduce the risk of falling victim to this type of cybercrime.
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Right to privacy
The phone hacking scandal broke Article 8 of the European Convention of Human Rights, which is the right to privacy.
The right to privacy is a fundamental human right, recognised in international law. It is protected by various international and regional human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights.
The right to privacy is not absolute and can be restricted in certain circumstances, such as in the interests of national security, public order, or the protection of the rights and freedoms of others. However, any restrictions on the right to privacy must be necessary and proportionate, and must not arbitrarily interfere with an individual's private life.
In the context of the phone hacking scandal, journalists were found to have accessed private voicemail messages of individuals, including celebrities, politicians, and members of the royal family. This intrusion into private communications constituted a serious breach of the right to privacy.
The scandal raised important questions about the role of the media and the boundaries of acceptable journalistic practice. It also highlighted the need for stronger legal protections for privacy, as well as greater enforcement of existing laws. In the wake of the scandal, there have been calls for increased regulation of the media, as well as for greater accountability and transparency in journalistic practices.
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Frequently asked questions
News International may have broken the Foreign Corrupt Practices Act.
News International allegedly engaged in phone hacking activities and computer espionage.
News America Marketing allegedly broke into password-protected computer systems and obtained confidential information.
Yes, the scandal led to significant changes in UK privacy law, with judges interpreting the individual's right to privacy (Article 8 of the European Convention of Human Rights) balanced against Article 10 (the right to free speech).
Yes, the scandal raised questions about whether it is ever legitimate for journalists to break the law in pursuit of a story.
