雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】THREE television artists filed their complaints with the Office of the Privacy Commissioner after pictures of their home lives were stealthily taken and published by two magazines. The commissioner ruled that the magazines' unfair collection of the three artistes' personal data constituted a breach of privacy regulations.

英語

3名電視藝員的家居生活，被雜誌社偷拍並刊登，他們向私隱專員公署投訴，私隱專員裁定雜誌社以不公平方法收集3名藝員的個人資料，違反了保障資料的規定。

普通話

In deciding whether the artists' privacy had been infringed, the Privacy Commissioner took into consideration the following three factors.

英語

私隱專員在裁決中，從三方面考慮3名藝員的私隱是否遭到侵犯。

普通話

(1) In where they were when photographed, could the artists reasonably expect privacy? The commissioner found that, with regard to the two cases in question, the artists' homes commanded open views, and so they could reasonably have higher expectations of privacy.

英語

（1）藝員被偷拍到的情况，是否有合理私隱期望。在這兩宗個案，私隱專員認為藝員居所景觀開揚，因此合理地對私隱有較高期望。

普通話

(2) Did the photographers keep the three artists under systematic surveillance so as to take their pictures? The commissioner found that the pictures were taken over a period of four days and at an out-of-the-way place. Moreover, the photographers made use of photographic equipment that included long-focus lenses and amplifiers. It was obviously their intention to take the artists' pictures without their knowledge, and the artists could not reasonably have expected this.

英語

（2）有關攝影記者是否有計劃地監視3名藝員，拍攝得有關照片。私隱專員調查得知，有關照片分別在4天內拍攝，拍攝地點並非經常有人途經之地，而且攝記使用長焦距鏡頭及放大器等攝影器材裝備，偷拍動機甚為明顯，也超乎3名藝員的合理預期。

普通話

(3) The Privacy Commissioner believes that only matters of legitimate public concern can be said to involve the public interest, which must not be equated with public entertainment or curiosity. He therefore did not agree that the candid photographs of the three artists had anything to do with the public interest.

英語

（3）私隱專員認為，公衆利益必須涉及真正值得公衆關注的事項，公衆利益不等同於滿足公衆興趣及好奇心。因此，私隱專員不認同這次偷拍涉及公衆利益。

普通話

The Privacy Commissioner's findings are on the whole very fair. One can see in them common sense, reason, and justice. His ruling may well be regarded as setting a standard for the proper balance between freedom of the press and individual privacy, neither of which is an absolute right that transcends everything, and both of which have to be reasonably constrained. The ruling does not constitute a threat to a free press.

英語

總的而言，私隱專員這次裁決公允，情理法兼備，可以視為新聞自由與保障個人私隱的準則。新聞自由與私隱權都不是絕對權利，沒有凌駕性，都要受到一定合理制約，這個裁決，看不到會損害新聞自由。

普通話

The two magazines were found to have breached privacy regulations mainly because the photographers were snooping into the artists' normal and proper family lives. If an artist, looking all prim and proper, holds official positions related to family values and social ethics, but unbeknown to the public holds licentious parties at home, then it will be in the public interest to expose his hypocrisy by snooping into his private life.

英語

兩家雜誌社被裁定違例，主要是攝記偷拍3名藝員的正常、正當家居生活，若有藝人以道貌岸然形象，出任涉及家庭價值、道德模範等職位，不過，其不為人知的一面，原來是在家中搞淫亂派對之輩，則記者偷拍揭破其虛偽面目，也合乎公衆利益。

普通話

It can be seen from this that the Privacy Commissioner's ruling does not affect the work of responsible journalists, though it does mean that the media should not abuse their power in the name of the public interest. At the same time, the ruling tells the artists and other people that, where matters of legitimate public concern are involved, it is perfectly legal and socially acceptable for the media to snoop on them.

英語

由此觀之，私隱專員這次裁決，揭示傳媒不能濫用公衆利益為擋箭牌，對於負責任的新聞工作者不會構成影響。對於藝員或其他人等，裁決無異於指出另一面，就是：只要涉及真正值得公衆關注的事項，則即使偷拍，傳媒也是依法合理而行，可為社會所接受。

普通話

Compared with the Privacy Commissioner's ruling, the government's plan to criminalise stalking is a greater cause for concern to media workers. In the past few days, Leung Chun-ying, the Chief Executive elect, has reassured us again and again that the freedoms Hong Kong people enjoy today will not change in his term of office. We hope that, when he assumes office, he will review the proposal to criminalise stalking, so that Hong Kong's core values, which include civil liberty and freedom of the press, may not suffer.

英語

與私隱專員今次裁決相比，政府打算立法把纏擾行為定為刑事罪行，更值得新聞工作者憂慮。連日來，候任特首梁振英一再派定心丸，強調在他任內，港人享有的自由，不會較現在少，我們期望他上任之後，重新審視立法規管纏擾行為的建議，不要讓公民自由和新聞自由等核心價值，受到損害。

普通話

明報社評2012.03.29

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Mr PHUA, Nathan Nexus Khong-thai

Lecturer, Hong Kong Community College, PolyU

http://www.hkcc-polyu.edu.hk/index.php?lang=eng&cms=1098

郭熙琳

香港專上學院講師

http://www.hkcc-polyu.edu.hk/index.php?cms=1473&lang=big5

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