One Direction singer Liam Payne passed away this past 16th of October at the age of 31. His tragic death in Argentina left many of his fans in shock but did not stop the media from preying on his passing. Headlines of respected publications like the Economic Times or the International Business Times UK read “Body Full of Drugs” and “Everything We Know about Liam Payne’s Funeral: Where, When and Can Fans Attend?”. The dehumanisation of his death and the intrusion on his friends and family’s grief have resurfaced legal debates regarding the boundaries between the press’ freedom of speech and celebrities’ rights to intimacy in the UK.
“Liam’s Law”
The deficit in the protection of those in the public eye under UK law was first brought to the forefront by the petition for “Liam’s Law”.
This initiative was first drafted by the artist’s fandom, through the platform Change.org. With Liam’s Law fans aimed to raise awareness about the “urgent need for comprehensive safeguarding measures for individuals facing immense pressures in their careers”, through the implementation of seven key measures ranging from increased penalties and legal prosecution of press, management agencies and individuals neglecting or endangering the mental health of public figures, to regular preventative medical checks within entertainment companies and during tours.
With over 100,000 signatures for “Liam’s Law”, parliament is now legally obliged to consider its implementation, emphasising the urgency of the issue.
A Century Old Story
This debate, however, did not begin this past October. It dates back to the 1990s, specifically to the Gordon Kaye case. The British actor Gordon Kaye was involved in a tragic traffic accident in 1990, from which he suffered “horrific head and brain injuries”. During his time at the hospital, a journalist and photographer interviewed and photographed him without his consent. Upon recovery, the actor sued the tabloid which had employed them under liability but lost the action due to him being a public figure.
As stated by University of Glasgow Public Law Professor Adam Tomkins, “the 1990s knew no right to privacy”. Traces of this can still be observed in 2024 in the way in which the press has intercepted the investigation of Liam Payne’s death, jumping to conclusions about the cause of the singer’s death, suggesting that the singer committed suicide due to his recent legal battle against his ex-fiancé, Maya Henry, despite the ongoing state of the legal investigation by Argentinian authorities. Likewise, the press has continued to release bold statements regarding the state of ‘intoxication’ of the singer minutes before his fall. With headlines being plagued by mentions of “pink cocaine” and a “body full of drugs”, the press may face accussations of having breached the UK Defamation Act of 2013.
Breaches of the 2013 UK Defamation Act
The UK Parliament approved its current Defamation Act in 2013 to amend its previous law of defamation.
In Chapter 26 of the 2013 Defamation Act, the first clause addresses the “Requirement of Serious Harm” which states that “A Statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant”. This clause is extremely broad, leaving “serious harm” open to interpretation. Hence, it can be argued that due to Payne’s previous reputation as One Direction’s “middle child” due to his “mature” and “sensible” behaviour, the graphic portrayals of his supposed ‘overdose’ and ‘suicide’ are likely to cause serious harm to his reputation, especially directly after his tragic passing.
Moreover, the second clause “Defences” emphasises that the “imputation conveyed by the statement complained of is substantially true” meaning that if the claims being made by the press regarding Payne’s death are not being backed up by foolproof evidence, they would be committing an act of defamation. Given that police investigations are still ongoing, claims speculating that his death was in fact suicide caused by the stress of Payne’s ‘legal battle’ against Henry cannot be proven. Thus, according to UK law, the press could be argued to have breached the 2013 Defamation Act.
The UK Editors Code
The key legal document by which the press is regulated in the UK is the Editors Code. This contractual agreement divided into sixteen parts contains regulations regarding, “Intrusion into grief or shock”, “Reporting suicide” and the possible impact of press releases on children directly involved with the information being propagated.
Under the Editors Code, the press may only intrude into grief or shock if they are reporting on legal proceedings. Thus, given that Payne’s death does not involve ‘legal proceedings’, the press’ exhaustive coverage of his passing from the moment of his death up until the preparations of his funeral, could be argued, in court, to be a breach of the Code.
Moreover, given that the press has stated Payne’s death to be suicide, one could also argue that section five: Reporting Suicide, has also been breached. According to section 5, “excessive detail of the method used” should be avoided, yet, in Payne’s case the press has used graphic and detailed language to describe the method used as well as the possible reasoning behind it. From specifics on the types of drugs employed as mentioned before, to specific details regarding his fall.
Finally, section six: Children, clearly states that “all pupils should be free to complete their time at school without necessary intrusion”. Although the press has not directly interviewed Payne’s child, nor taken photographs of the minor, the bombardment of headlines featuring new graphic details of his father’s death cannot be assumed to have no impact on the child’s mental health state, which may interfere with his schooling. This breach of the code is not as clear as the other two mentioned, but nonetheless, shows a lack of protection for those impacted by the death of the artist and the press’ coverage of the event.
The press’ coverage of Liam Payne’s death has resuscitated concerns regarding the ability of UK law to protect those in the public eye from the media. Despite the existence of laws such as the Defamation Act and contractual regulatory codes of conduct like the Editor’s Code of Practice, the press is still able to publish and investigate details of celebrities’ most intimate and tragic experiences, a cause of particular concern when the matter is one as tragic as death. This being said, there is still hope that Liam Payne’s death and his fanbase’s reaction to the press will lead to further legal reform increasing the protection mechanisms for those under media exposure.
Image by Aniol via Wikimedia Commons