Introduction to Media Law and Ethics

“If in doubt leave it out.” These are the wise words of Ian Anderson, former BBC editor. Every journalist needs to be aware of the regulatory body’s OFCOM and the Press Complaints Commission, educating ourselves on law and ethics to ensure that we would be able to recognise risks within copy. As a journalist we need to have a sixth sense of danger, constantly questioning what ultimately is safe to produce a report that is legally sound and entirely without error.  

This week we have seen three showbiz stars, in the dock for charges relating to indecent and sexual assault. Plastering the front pages of every newspaper, court reports covering the trials of William Roache, Rolf Harris and DJ Dave Lee Travis took the media by storm. Additionally the trial of Nigella’s Lawson’s assistants which left the celebrity cook feeling as though as a witness she was the one in the dock, after secrets unravelled relating to her past involving drugs.  These are just a few examples of how court is a rich source of stories for journalists, and with several important laws surrounding contempt of court, it is crucial that they know the laws with reporting the courts. Detailed notes on this can be found here. (This includes a detailed diagram of the legal court system.)

The press are currently under scrutiny following the Leveson Inquiry, and due to the phone hacking revelation there is now a standoff between politicians and the press over press regulation. David Cameron argued that the PCC failed after a ‘meaningless’ and inadequate report into phone hacking, leading to row over who polices the press? This could be the biggest shift in media policy that we will see.

There is two part division in law: criminal and civil. The difference being that criminal is a crime against society e.g robbery, murder, assault and civil is a dispute between two parties for example family law or divorce. 

A famous libel case known as McLibel, was the longest running case in English history. The battle was between McDonalds and the McLibel two: (Steel & Morris) over a pamphlet that was critical of the company. ‘What’s wrong with McDonald’s: Everything they don’t want you to know,’ was the title of their leaflet. The judge ruled that some of the claims were libellous but other were true.  The original case lasting 10 years, awarded Macdonalds £40k but they announced that they did not plan to collect this money from the Courts. Following this decision the European court of Human Rights ruled that the original trial denied the two a fair trial, breaching Article 6 (right to a fair trial) and Article 10 (right to freedom of expression) ordering the UK government to pay Steel and Morris £57k in compensation.

Over the coming weeks we will be discussing all the areas within law including confidentiality, privacy, freedom of information, copy right, codes of conduct, court reporting etc so watch this space for more to follow on media law.