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UK drone arrests raise libel questions

By JONATHAN POWELL | China Daily | Updated: 2018-12-27 08:10
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Passengers wait at a depature hall of the Gatwick airport, after it reopens, in Sussex, Southeast England, Dec 21, 2018. Britain's second busiest airport Gatwick was shut down by authorities after sightings of drones flying but has since then reopened. [Photo/IC]

The British couple released without charge in relation to the Gatwick Airport drone incident that closed one of the world's busiest airports for 36 hours in the lead-up to Christmas could win at least 75,000 pounds ($95,000) from the newspapers who identified them.

According to a leading libel lawyer, the case could lead to tougher press regulations on naming individuals who have been arrested but not charged.

Mark Stephens, head of media law at Howard Kennedy, told The Guardian newspaper that the couple had a strong legal case if they wished to pursue legal action.

"Absent of a compelling reason and the police saying you can, you may no longer identify people who have been arrested," he said.

The case is the first major test of privacy law since Sir Cliff Richard's landmark privacy victory against the BBC earlier this year.

On Friday, Sussex police confirmed that a 47-year-old man and a 54-year-old woman from Crawley had been arrested in relation to the incident.

They were identified in many newspapers and the Mail on Sunday ran the couple's picture on its front page next to the headline: "Are these the morons who ruined Christmas?"

Later that day, while the newspapers were still in the shops, Sussex police announced they had released the couple without charge.

The couple later identified themselves as Paul Gait and Elaine Kirk, making a public statement outside their home on Christmas Eve in which they said they felt "completely violated" by the arrest and subsequent coverage.

A spokesperson for the Hacked Off press reform campaign group said the incident showed the need for tougher press regulation.

"Once again, innocent members of the public have been subjected to appalling accusations in a newspaper over a crime they did not commit," they said.

The Sun's former political editor Trevor Kavanagh defended newspapers' decision to name the couple, telling BBC Radio 4's Today program on Monday that the information came from neighbors of the couple and publication helped "hasten the process of the law".

Media handling of the Gatwick drone incident descended into farce, with a Sussex police officer on Sunday raising the "possibility" that there never had been a drone in the first place.

By Monday, the police had backtracked, blaming "poor communications" and insisting that there had definitely been a drone.

Security Minister Ben Wallace said: "The huge proliferation of such devices, coupled with the challenges of deploying military counter measures into a civilian environment, means there are no easy solutions.

"However, I can say that we are able to now deploy detection systems throughout the UK to combat this threat."

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