Should ‘Nation’ pull down photo of woman in police Alcoblow test?

Last year, I asked you to be the judge whether NTV should remove from the internet the clip of a woman storming a church to stop her common law husband from marrying another woman.

The majority of you voted “No” ("Judgment on Eleanor’s request to remove story from internet", Daily Nation, November 23, 2018).

I found your views helpful in making the final recommendation. Besides, it’s a good idea for readers to participate in editorial decision-making.

Obtaining multiple views and perspectives from people outside journalism helps in arriving at well-grounded decisions.

So today, I am asking you again to be a judge. Should the Nation remove from its online edition the picture of a young woman taken during an NTSA drink-driving (DD) operation?

Let’s call her Miss Soba to protect her from further unfavourable publicity. She was driving along Muthithi Road, Westlands, in Nairobi, on February 14, 2014 when police stopped her and subjected her to a DD test using the Alcoblow breathalyser. Nation photographer Jeff Angote took the picture.

Miss Soba says she was photographed and her picture published without her consent. “I was subjected to the test and released thereafter as I had not violated any rules. I was never arrested. During this test, my photograph was taken without my consent.”

Since 2014, the Nation has continued to publish her photo without her consent “despite previous correspondence highlighting that it’s unlawful to publish images of a private citizen without their permission”. She calls this a “violation of her right to privacy”.

Miss Soba states the most recent violation of her right to privacy was on June 12, 2019, when her photo was used in "The Cutting Edge" column of the Daily Nation.

The photo caption reads: "Police subject a motorist in Nairobi to the Alcoblow test." The photo is intended to illustrate a story in the column titled "Drink Driving".

However, the photo is not placed next to the story, as is normally the case, making the photo appear like a stand-alone separate item.

This leaves readers wondering why the photo — taken more than five years ago — is being used today. “It's important to note the picture is not even in the context of the article,” Miss Soba says.

“Therefore, I can’t understand why anyone would choose to use the picture. I’ve email correspondence noting that my image should’ve been pulled down since 2014.”

The photo was first used to illustrate an article titled "Varsity students invent road safety and e-revenue device". It was published in the online version of the Nation on April 17, 2014.

The photo caption reads: "Instead of removing drivers from the cars to be tested using the Alcoblow, the car gets immobilised and the system sends a text to the central unit, reporting the driver and the vehicle’s registration."

The same story was also published in the Business Daily. But instead of using her photo, the newspaper uses the picture of a policeman holding an Alcoblow breathalyser.

Miss Soba says Tuko.co.ke, a news and entertainment website, also used the photo. “I would like to understand how they also happened to have this photo. I hope that this matter will be thoroughly investigated and the photo, as well as any footage left over, permanently deleted.”

Mwiti Marete, the editor who used her photo in "The Cutting Edge" column on June 12, 2019, says he did so “in absolute good faith” to illustrate a story.

He is surprised that one would find it offensive. “Nowhere does the caption … say the subject of the photo was drunk, drink-driving or arrested.”

He further states he was not aware of the request to pull down or cease to publish the photo, which is still available in the Nation database.

“My apologies to the complainant though, for any inconvenience the matter may have caused her.”

With that background in mind, please let us know what you think. Has Miss Soba’s right to privacy been violated?

Should the Nation take down her photo from the internet and delete it from the Nation database?