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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I text anonymously to a local radio station in response to

Customer Question

I text anonymously to a local radio station in response to their morning story looking for 'good news' I had just that morning found out I was pregnant
I just text the words 'I'm pregnant!'
I was then called back by the show hosts during some music being played so I knew I wasn't live
I had only told my closest friend at this point as my partner was away on business and I planned to surprise him with the news at the airport the following week
Without my consent my conversation was recorded, edited and played back as if live several minutes later
I was horrified as it was really early stages so for obvious reasons not telling people and my first words were that its a secret and the amount of detail given including my name and my own voice made it obvious to anyone listening that knew me (local radio) I got into work and someone had heard and already told several other people and went on to congratulate me very loudly (also a friend of my partner) my partners uncle had also heard it and told some of his family (before he found out himself)
It was very distressing for me as the first weeks until your scan are a nerve wracking time as there is a high chance of things not going to plan and I felt as if everyone knew.
I didn't want to tell my partner as I was worried it would upset him that people knew before he did
Do I have a case to claim damages-I would not have shared the information had I known I was being recorded or would be played to the listeners
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Have you suffered any quantifiable loss please?
Customer: replied 4 years ago.


Expert:  Jo C. replied 4 years ago.
Thank you.

I am really sorry but I'm afraid you do not have a claim.

The 1st difficulty is that you have suffered no quantifiable loss. As with everything else in law, if there is no loss then there is no claim.

In any event, I'm afraid they would almost certainly defend any action on the basis that if you respond to a local radio station in this way then the only sensible expectation is that they will publicise it. They do not need is your consent to record you as this is not a data protection issue unfortunately and, in any event, they will argue that you did consent by reason of contacting them bearing in mind the nature of their enterprise.

I am very sorry but I can only give you truthful information.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

thankyou for your response-it is kind of what I thought and was a moment of stupidity thinking i would be kept anonymous!

I thought there might be some claim for stress caused or something maybe

Expert:  Jo C. replied 4 years ago.
Stress is not a head of compensation in the UK I'm afraid.

Anyway, you would still have to first show a civil wrong.