What is the highest court in the UK? Where does it sit? How
many justices?
Supreme Court,
Middlesex Guildhall near parliament, 12 Justices
Three functions of Crown Courts?
Trys indictable only offences, appeals from magistrates, longest prison
sentencing
Three functions of Magistrates courts?
Trys summary offences, committals, power of up to 6months sentencing
What is the difference between a civil and criminal offence?
Criminal offence is an act against society as a whole
Civil offence is a dispute between two citizens or a company.
Is the legal test of proof the same or different?
Criminal = Beyond Reasonable Doubt
Civil = On the balance of probabilities
Give 3 sources of law in the UK.
Common Law, Case Law/Precedent, Statute law/Acts of Parliament, European
Law
What do journalists mean by the public interest?
Public interest is a justification to breach certain codes of conduct.
The public interest does not mean is merely interesting to the public, it means
it is of real value and concern for the public to know e.g. to expose crime,
protects their health and safety, prevent the public from being misled and
disclose imcompetence.
Briefly explain what is meant by ‘prejudice’ and ‘contempt’ in
the context of media law.
Prejudice = publishing certain information which may prevent the accused
person the right to a fair trial, e.g. portraying them in a negative light.
Contempt = breaching the rules surround crime and court reporting,
leading to a high risk of prejudice.
When does a case become legally active?
When a person has been charged, the police make an arrest, an arrest
warrant has been issued or magistrates issue a summons.
After an arrest is made what sort of facts – in general terms – can
be reported? (Those which won’t be at issue at trial)
Facts which cannot be contested at trial, e.g. community colour – there is
risk of prejudice when an arrest has been made so it’s important to seek legal
advice.
The accused appears before magistrates – in general terms what
can you report? List them…
1. Name, Age,
Address, Occupation (Identification)
2. Charges faced
3. Name of Court and
Magistrates Name
4. Names of
Barristers and Solicitors
5. Date and Place as
to whether it was adjourned
6. Whether legal aid
was granted
7. Whether bail was
granted or not
8. If reporting
restrictions apply
What is meant by an ‘either-way’ offence
It can be trialled at both a Magistrates Court or Crown
Court
What is maximum sentence magistrates can impose?
6 months, they can also impose fines up to £5k
What is meant by a conditional discharge?
This is where there is insufficient evidence for it to be sent to the
crown court
What is the purpose of a ‘Section 49 order’?
To give anonymity to juveniles (under 18) in Youth courts
What is purpose of a Section 39 order?
To give anonymity to juveniles (under 18) in Adult courts
What do we mean by ‘jigsaw identification’?
This is where a combination of details are published which identify
someone that was granted anonymity.
One morning you arrive at court and barristers are making
legal arguments about crucial evidence. You notice the jury isn’t there.
Can you report the proceedings?
No – When the jury are out, you cannot report anything.
What is required of your court report for it to attract absolute
privilege?
It must be fair, accurate and contemporaneous
In this context explain what is meant by ‘fair’.
Fair means it has balance from both sides. (Accurate means as heard in
court, and Contemporaneous means it must be published as soon as practicable)
During a murder trial a family member shouts at the defendant from
the public gallery. “You lying bastard – you killed our boy!” Is that
safe to report?
No defamatory statements heard in the Public Gallery do not tract
absolute privilege
How
would you define libel?
Libel = Identification + Publication + Defamation
It is a civil wrong doing if a defamatory statement is published which identifies
a person or company.
How do we know when a statement is defamatory (4 tests used by
judges)
A statement
is defamatory if it tends to:
1. Lower them in the
estimation of right thinking people
2. Causes them to be
shunned and avoided
3. Exposes them to
hatred, ridicule and contempt
4. Disparages them in
their business, trade and profession
What particular danger is there of libel for TV journalists?
Danger in broadcast is Picture libel – this is careless use of shots
against a juxtaposing voice over.
What are the 3 major libel defences?
It is the truth
It is Honest Opinion (based on
facts known at the time and without malice)
It is in the Public Interest
Others defences are:
Absolute privilege – protects court coverage and inquests
Qualified privilege – protects public meeting e.g. council meetings
The new Defamation
Act 2013 – the claimant must now prove that it has caused serious harm e.g. losses
Something
re the McAlpine affair
BBC Newsnight broadcast a statement that implied McAlphine was involved
in the sexual abuse of children; although he was not named he was subject to
internet speculation. Sally Bercow tweeted “Why is Lord McAlphine trending?
*Innocent Face* which the high court ruled to be libellous due to Jigsaw
Identification.
Why is the legal principle of privilege so important to
journalists?
It provides them with a defence and justification to report defamatory statements
that may be untrue.
Give examples of occasions when reports may attract QP with, and
without, explanation and contradiction.
Without = reporting on legislature anywhere in the world, e.g UK
Parliament
With = reporting on public meetings, police statements, council meetings
Why was a public meeting in 2000 about the jailed paratrooper
Lee Clegg so significant?
Lord Bingham ruled
that in regards to a public meeting whereby the press have been invited with
intention to addressing a large audience, then journalists will act as the eyes and ears of the public
What’s the purpose of copyright law?
To protect out intellectual property and creative content
You use a photo off the internet. Is it free of
copyright?
No,
photographs are not free of copyright; you have to look for photos under
creative commons.
Why is the principle of fair dealing important and what are its
limitations?
Fair dealing is
important because it is when journalists can ‘lift’ other media outlets
material. It must be a purpose of reporting on a current news event.
Limitations include:
1. It must be attributed to the
original source
2. Of fair usage
3. In the public interest.
What is the purpose of the law of confidence?
Purpose is to safeguard information that has been given in confidential circumstances
What are the danger areas for journalists?
Revealing state secrets (Official Secrets – protects information relating
to defence of the country)
Revealing commercial secrets (Commercials Confidentiality – protects contracts
between employers)
Revealing information that is private to someone (Privacy = Article 8 ‘everyone
has the Right to respect for his private and family life’)
What dilemma does a journalist face when newsworthy information
comes into his or her possession?
The dilemma they face is to either publish the information and risk
legal action being taken, Or to get a response to the allegations giving the
accused person the risk to reply and risk an injunction (legally stopped) being
imposed.
Privacy is now better protected under Human Rights Act Art 8. Give
an example of where public figures have won cases where they have claimed
breach of privacy or confidence.
What bodies are responsible for regulating the professional
conduct of journalists?
Max
Mosley Vs The News of The World – The NoTW published an article detailing
Mosley’s ‘Nazi-themed’ orgy with five woman. The high court ruled this was not
a matter of public interest.
Naomi Campbell Vs The Mirror Group –The Mirror published photographs of
Campbell leaving narcotics anonymous meeting, and reporting on her drug addiction
therapy. The House of Lords ruled that
she has reasonable expectation of privacy.
Which body has most power and why?
OFCOM
has the greatest statutory power, they can prevent the repetition of a
programme, revoke a licence, fine up to 5% of revenue or request for an apology
or statement to be issued. It has the greatest power because it is independent
of the Government.
Define impartiality. Would there be any difference in
your approach to this if you were working in newspapers or broadcasting?
Broadcasters must
be accurate and impartial; impartiality means that they are not biased. In
newspapers they can be partial according to whether they are left or right
wing.
Why is accuracy and impartiality especially important at
election times?
During election periods our reports assist the democratic process helping
voters to make their choice, therefore it is essential that all major parties receive
equal coverage
What are the danger areas for journalists during campaign reporting?
1. Maintaining impartiality,
coverage of Major and Minor parties, log of coverage should be kept.
2. False statements about election candidates (Phil Woolas Case)
3. Exit polls and Opinion
Polls
Must all candidates standing in a constituency be covered equally?
All
the major parties – Conservatives, Labour and Liberal Democrats must be
reported equally but the minor parties do not.
In the context of the upcoming European Election – OFCOM have ruled that
UKIP is a major party.
On polling day when can we start reporting exit polls?
When the polls have officially closed
On polling day a candidate makes a final plea to voters – can we
report this?
No, there is no reporting of political issues or arguments on polling
day. The main aim is to urge people to vote.
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