A
woman complained to the Press Complaints Commission that an article headlined
Wanted! The Epic Boobs girl!, published in the February 2010 edition of
Loaded, intruded into her privacy. The complaint was not upheld.
The article featured a number of photographs of the complainant - who
was said to have the best breasts on the block - taken from the
internet and offered readers of the magazine a reward of £500 for
assistance in encouraging her to do a photo shoot with it.
The complainant said that the article was intrusive: the magazine had
published her name and the photographs, which had been uploaded to her
Bebo site in December 2006 when she was 15 years old, had been taken
from there and published without permission.
The publication of the article had caused her upset and
embarrassment. The magazine said that that it had not taken the
photographs from the complainant's Bebo site; rather, they were widely
available on the internet. The complainant's photograph, for example,
came up in the top three in a Google image search on the word boobs.
At the time of complaint, there were 1,760,000 matches that related to
her and 203,000 image matches of her as the Epic Boobs girl.
Moreover, the complainant's name had been widely circulated and achieved
over 100,000 Google hits, including over 8,000 photographs.
PCC Decision: Not Upheld
This case raised the important principle of the extent to which
newspapers and magazines are able to make use of information that is
already freely available online. The Commission has previously published
decisions about the use of material uploaded to social networking sites,
which have gone towards establishing a set of principles in this area.
However, this complaint was different: the magazine had not taken the
material from the complainant's Bebo site; rather it had published a
piece commenting on something that had widespread circulation online
(having been taken from the Bebo page sometime ago by others) and was
easily accessed by Google searches.
The Commission did not think it was possible for it to censure the
magazine for commenting on material already given a wide circulation,
and which had already been contextualised in the same specific way, by
many others. Although the Code imposes higher standards on the press
than exist for material on unregulated sites, the Commission felt that
the images were so widely established for it to be untenable for the
Commission to rule that it was wrong for the magazine to use them.
That said, the Commission wished to make clear that it had some
sympathy with the complainant. The fact that she was fifteen-years-old
when the images were originally taken - although she is an adult now -
only added to the questionable tastefulness of the article. However,
issues of taste and offence - and any question of the legality of the
material - could not be ruled upon by the Commission, which was
compelled to consider only the terms of the Editors' Code. The Code does
include references to children but the complainant was not a child at
the time the article was published.
The test, therefore, was whether the publication intruded into the
complainant's privacy, and the Code required the Commission to have
regard to the extent to which material is already in the public
domain. In the Commission's view, the information, in the same form
as published in the magazine, was widely available to such an extent
that its republication did not raise a breach of the Code. The complaint
was not upheld on that basis.