Exclusive: Reporters met with Starsuckers documentary maker to discuss buying private details
More Guardian coverage of the Starsuckers revelations
Three tabloid newspapers have been secretly filmed at meetings they thought were concerned with the possible purchase of private medical information about public figures who had undergone cosmetic surgery.
The Sunday Mirror, News of the World and People were caught in the sting after they were approached by an undercover documentary-maker. He claimed to have a contact working as an administrative nurse in what was in fact a fictitious cosmetic surgery clinic.
The newspapers were offered the chance to obtain confidential medical information about famous clients of the clinic, including actors Hugh Grant, Gemma Arterton, Rhys Ifans and Ricky Gervais. There is no evidence any of the celebrities received consultations for surgery, and the filmmaker, Chris Atkins, said he came up with the hoax to test "how far tabloid journalists are prepared to go" in pursuit of intrusive information.
The response of three tabloids, which sent journalists to meet the undercover documentary-maker, ranged from cautious expressions of interest to an offer of £3,000 for every story printed and a request for the nurse to obtain a "document on everything" held at the clinic.
A fourth Sunday tabloid, the Sunday Express, refused to meet Atkins, telling him his proposal breached the Press Complaints Commission (PCC) code, could be deemed illegal and constituted "a gross breach of ethics".
The documentary, Starsuckers, will open at the London Film Festival this month before going on show at independent cinemas across the country.
The Guardian is previewing undercover footage from the film, which includes clips of Atkins' cold-calls to the four Sunday newspapers. He claimed his ex-girlfriend was an administrative nurse at the clinic and had asked him to make "discreet enquiries" about whether she could make money releasing information about celebrities held by her employers.
The obtaining of private medical records without a person's consent is usually considered a breach of the Data Protection Act (DPA). Some breaches of the DPA could be justified by media organisations if they can prove obtaining the data was in the public interest.
The PCC also prohibits unjustified intrusions into privacy without a person's consent and states the restrictions are "particularly relevant to enquiries about individuals in hospitals or similar situations".
In April Paul Dacre, the chairman of the PCC's code of practice committee, told a parliamentary committee of MPs that medical records were deemed off-limits to journalists. "Absolute privacy granted, it is part of the PCC code," he said. "No question."
Atkins said: "We wanted to do a survey of the newspapers to see if they would rise to the bait." Although the Sunday Express declined his offer, the other three newspapers expressed an interest and attended meetings with Atkins in March.
The Sunday Mirror appeared the most willing to contemplate the purchase of medical records. Before meeting Atkins, a journalist who claimed to have the "eye and ear" of the editor told him over the phone that his proposal was "extremely sensitive" because of patient confidentiality.
However, during the meeting he asked: "Is there a document somewhere, is there a piece of paper, is there an email or something that would prove that [the celebrity] had [surgery]?". Later he said: "I've never had any cosmetic surgery, but I suspect there is a record in the clinic about the surgery taking place."
Stressing such decisions are "always up to the editor", the Sunday Mirror journalist went on to say he expected his newspaper could "get away" with stories about several celebrities who had visited the clinic. He offered £3,000 for every story published and even suggested running an article in that week's edition. He finished by encouraging Atkins to ask the nurse to "get a document on everything" kept by her employers.
The News of the World reporter was more hesitant, describing the purchase of medical data as a "grey area". Citing a story about TV presenter Fern Britton's use of a gastric band as an example, she said a public interest case could be made for running stories about cosmetic surgery undertaken by public figures.
"The kind of proof that we would need â€" I would have to obviously speak to [inaudible] and see exactly what we would need to get," she said. Atkins asked: "But you would need something?" She replied: "Yeah, we would need something, because obviously ..." She went on to say her newspaper would pay up to £80,000 for a celebrity exclusive that ran over a period of weeks.
The People reporter said stories about people's medical treatment was "very legally dodgy" and went on to suggest that documentation from the clinic would be required. She said her lawyers would give her guidance but she expected the newspaper would want "all the nitty gritty we could get and back-up documents if they were available".
She dismissed the threat of sanctions imposed by the PCC for invasions of privacy as something newspapers "brush aside". "All it means is a little apology somewhere in the paper, you get a slap on the wrists, you get recorded on the PCC, but there is no money [fine]," she said.
Atkins stopped communicating with the journalists after the first meeting and no money was exchanged.
In a statement, the News of the World said its reporter made clear throughout her discussions with Atkins that any story would have to be justified by a public interest. "As it was not in this case, we did not pursue the matter and no information was purchased or story published. We are confident our reporter followed the correct procedure and abided by the PCC code of practice."
Trinity Mirror PLC, which owns the People and Sunday Mirror, declined to comment.
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