Science and Certainty

The purpose of Science is to achieve 'The Truth', however, human condition is that no one can ever know the real truth; we can only hold an honest opinion on something. As journalists we should 'play dumb' we should never say we know the truth as nothing is for certain. This has been explicit in the news recently on the Hillsborough disaster as Kelvin Mackenzie's bold headline "The Real Truth" was proven to be lies.

Kant believes that the universe is unknowable, he regards phenomena (objects as they appear created by the mind) as true only from a certain point of view. Kant divides truth into two categories: Apriori Truths and A posteriori truths

1. Apriori Truths are known before experience, they are true by definition
e.g All Bachelors are unmarried men or All Triangles have 3 sides

2. A Posteriori Truths are known after experience, they are true by observation
e.g All Bachelors are messy

Aristotle, Bacon and Newton eventually discover everything out like clockwork, forming a perfect picture of 'The truth', but this is now abandoned by scientists since Einstein, yet 99% of people are still Newtonian.

Before Kant science was based on causation. Plato even believed that the forms existed independently of human consciousness in a immaterial world of eternal perfection.

Mechanistic materialists such as Bacon, Newton and other empiricists thought that the cosmos is the sum total of many things. Although they are of varied sizes large or small, they are still there as objects even if you can see them or not. Kant's idea similarly to modern theoretical physics is that the cosmos is like a computer game where the objects, landscape, space and time are created in consciousness and then fade away again; first into apparent distance and then disappear entirely again. "We see space and time because we wear space and time goggles" Russell on Kant.

Kant was not a pure idealist or a solopsist, "things" really are there but in noumenal form, this is the unperceived object and thing in itself; something like an immaterial soul. Schopenhauer believes there is only one universal noumena which is the "will" of the universe as a thing in itself.

From Kant, Schopenhauer and Nietzsche we inherit the idea that existence is not a predicate of any possible object, nothing 'causes' existence, existence is a necessary precondition of perception or consciousness. This is the big breakthrough idea of the scientific revolution.

From Newton to Einstein

During the time of the Copernican revolution questions arose: Does the earth really orbit the sun? Where is up, where is down? Where is the centre of the universe? Perception is essentially subjective dependent upon time of the day lighting condition and even our own moods.

Newton was regarded as objective for 200 years, true independently of perception. Newton's laws of motion describes motion as one point to another, but this raises speculation as to whether there can be any motion if there are infinite distances? Newton's laws of motion had been 'read off' nature like a mirror.

Kant's categories of perception is that we see the universe in 3D because we are 3D beings.

Einstein rejects the idea that the universe has a time, according to Einstein's experiments he believed that time is a mental phenomena and there are different types of time which has been confirmed by space travel.

Logic - Deduction Vs Induction

Deductive logic is when you take a general proposition and you make it particular. For example Aristotle's Syllogism:

All men are mortal, (General Proposition)
Socrates is a man,
Therefore Socrates is mortal (Particular Proposition)

Deduction preserves truth and respects authority above all else. It produces particular truths from a general principle. Whereas Inductive logic is the opposite and a particular truth becomes general.

It is not possible in the system to doubt or overturn the axioms as this would cause reality itself to collapse.

Francis Bacon

Francis Bacon is the founder of modern inductive method, his most famous work titled 'The advancement of learning' highlighted Bacon as the originator of 'Knowledge is power'. Bacon was a strong believer that philosophy should be kept separate from theology as philosophy should be dependent upon reason; he is an advocate of the doctrine of 'double truth'. (The idea that separate sources of knowledge - religion and philosophy - might result in contradictory truths without detriment) 

Bacon was against syllogism, his book 'The Organon' was a direct attack on Aristotle. 

He also rejected the Copernican theory, which is the idea that the sun is the centre of the universe and the earth rotates around it. 

You can access my notes from 'The clockwork Universe' lecture here, about scientists such as Copernicus, Kepler, Galileo and Newton 

Wittgenstein

Ludwig Wittgenstein was a philosopher who focused on logic, mathematics, mind and language. His most famous work titled 'The Tractatus' outlines that the 'world consists of facts" and there is no object truth only "language games", and even logic itself is a "language game".


Vienna Circle
The Vienna Cicle was an assosiasion of philosophers that formed in honour of Ernst Mach in the 19th Century. One of their main philosophical theories was the verification principle, which is a method whereby the truth of any proposition is the way in which you verify it. If a proposition cannot be verified it is neither true or false.

Karl Popper rejected this on logical grounds because he said that something could be true but you may not able to verify it, therefore the verification principle itself cannot be verified.

TV Reporting

Today, we were given a master-class in TV reporting. This is potentially one of the most valuable lectures we will have, taught by an experienced man in the industry himself, Mr Angus Scott. I will share with you what knowledge he passed down, about the core foundation and training in producing a successful TV report.

First things first, it is essential to do your research, don't just automatically think you have a story, you need to think in pictures as well as words. Ask yourself what sort of footage will compliment your text. Although it may sound silly know where you are going, and more importantly get there early! Forward planning is the most crucial stage, you will be in a better position to shoot something if you know your stuff, especially if your time is limited. Now, imagine you show up to the scene, you're ready but your battery has suddenly died, or you've got no tape in your camera. This triggers panic, and leaves you with no option but to stop and head back, empty handed with no story, no interviews and no footage at all. So remember to always check your equipment and kit before you head out, and it certainly doesn't hurt to take spares! Soon as your camera is set up, start rolling, you don't want to miss anything! It's always better to have too much footage then too little, no doubt. Another thing worth emphasising to you is never be afraid to ask, talk to people, get their permission and approval. If you're in a public space then reporting restrictions don't apply but remember legal issues when it comes to filming, for example you cannot trespass or invade people's privacy. 

When filming your package, it's great to illustrate your story in a variety of different ways. For instance, in a sequence, or by using different size shots e.g wide pans or close ups. Always maintain continuity and don't forget to shoot for longer so when it comes to editing you have more footage to play with. It's vital to shoot cut aways, in order to cover up a jump between two clips. When filming interviews, you have to apply the rule of thirds. This is where the interviewee must be eye level with the top third of the frame and positioned either to the left or to the right. They must NOT be centred, directly facing the camera or positioned at awkward angels. Take a look at the example below: 

Time management is key in journalism here are some tips to take into consideration when piecing together your VT. 

- Headline - 8-10 seconds 

- Begin with establishing shot, roll to out of vision (OOV), use best photographs, then back to presenter to round up

- Introducing the story should take 30 seconds long, approx 90 words, the out-word will then signal the pre-recorded VT which should be just over a minute (Fat Minute)

- Include 2 or 3 interviews, approx 15 seconds each with a balanced view.

- If your going to include still images, add an effect for movement. 

- If your going to record a PTC (piece to camera) it should be a maximum of 20 seconds.

- End it by signing off with a Standard Out Que (SOQ) 'Christina Michaels, Winchester News Online, Winchester'. 

PTC - Piece to Camera

It is advisable to never start with a PTC, it should only be there to add something to the piece. Place yourself in the heart of the action, and if you can talk and walk then movement adds a change of dynamic. Just remember to walk before you talk. 

Interviews

Always get cut away shots. Film the interviewee before you interview them doing something relevant to the story, this sequence acts as an intro shot providing the reader with background. 

Wrap Up

When you are travelling back start to write your story, think of suitable headlines and report back to your news editor about potential ways of editing your footage e.g graphics, pictures

Writing the Introduction

Write the link in which the presenter will read before your VT is aired. The introduction is the most important, it has to grab the viewers attention, use the 5 Ws 'Who? What? Why? When? Where? Remember not to repeat what you said in the link in the opening introduction.  

Writing up the story

Use one idea per sentence, speak in the present tense and in plain English; it's hard enough for the viewer to take everything in let alone if you are waffling on using jargon. Simplify numbers to avoid complications and for a more visual appeal, illustrate them using graphics.

Packaging 

Start with your best pictures! You want to entice the reader instantly, there is no point teasing them, they will just switch over if they are not interested. There is also no need to name the interviewee, simply add a caption on screen. Bare in mind that you are telling a story, use a sequence, and words which compliment the footage rather then describe what they already see. Limit yourself to grabs of 20 seconds max and end the story with something that means something, don't end on an interview! Always finalise the package by signing off. 

If you attend a press conference, get there early, be the first to choose where to position your camera and get ready to roll. Ask if there are any one-to-ones because once again if you don't ask you won't get. Lastly, if your going to join a media scrum, be prepared for the crush. 

If you take this all on board you'll be producing perfect packages! Good Luck! 

Mcnae's Part Two: Defamation and Related Law

Defamation

Defamatory statements are these published or spoken which affect the reputation of a person, company or organisation.

The law is in place to protect the moral and professional reputation of the individual; if your break the law you are at risk of being sued for Libel.

Libel - this is a defamatory statement that has been written in a permanent form 

Slander - this is a defamatory statement that has been spoken 

Judges tell juries that a statement is defamatory if it tends to do the following:

1. Expose the person to hatred, ridicule or contempt

2. Causes the person to be shunned and avoided

3. Lowers the reputation of the person in the estimation of right-thinking members of society  

4. Disparage the person in his/her business, trade or profession 

Words may carry an innuendo, this is a 'hidden' meaning clear to people with special knowledge. 

Libel = Defamation + Publication + Identification  

The claimant has to show the court three things in order to support their case and sue for Libel:

1. Publication is defamatory 

2. May be reasonable understood to refer to him/her e.g identification 

3. Published to a third party 

Every repetition is a fresh publication, the journalist is liable for repeating a defamatory statement. 

A person who has been defamed may sue the reporter, the editor, the publisher and/or the broadcaster. 

Defences 

The law provides defences for Journalists against Libel Action, the main defences are:

1. Justification - The statement is the truth 

2. Fair Comment - This protects the published opinion as long as it is based on true fact, recognised as opinion and subject matter is of public interest.

3. Absolute Privilege - Reports of parliamentary proceedings and court cases are granted absolute privilege, this means freedom of speech is allowed without the risk of defamation. For absolute privilege to apply, the report must be fair and accurate:

- Summary of both sides must be given

- It should contain no substantial inaccuracies 

- It should avoid being biased towards one side.

4. Qualified Privilege - This means it is published in the public interest:

- The Matter published must be of public concern

- Must be fair and accurate

- Must be published without malice 

5. Other defences: 

a) The claimant has died as a dead person cannot be libelled 

b) The claimant agreed to the publication

Reynolds Defence 

The Reynolds defence protects the publication of defamatory material provided it is a matter of public interest and that it was the product of 'responsible journalism'

Lord Nicoll's set out a list of circumstances to be examined by the court when looking at this defence: 

1. The seriousness of the allegation 

2. The Nature of the information 

3. The Source of the information 

4. The steps taken to verify the information 

5. The status of the information 

6. The urgency of the matter

7. Whether comment was sought from the claimant (have information others do not possess or have disclosed)

8. Article contains gist of the claimants side of the story 

9. The tone of the article 

10. The circumstances of the publication 

Part three: Confidentiality, Privacy and Copyright coming soon! 

McNae's - Journalists Bible on Media Law

September is edging closer, and we are already a week into August. So it's time to pick up McNae's and go back to learning the law, in aid of building up the facts and submerging myself in the world of crime.

Part One: Crime and Courts

Media coverage prior to any court case

Journalists need general knowledge of criminal law in order to report accurately and avoid committing contempt of court. 

A criminal prosecution begins when a person is being charged.

Standard of Proof - To be convicted of a criminal offence guilt must either be admitted, or proven beyond reasonable doubt

A Magistrates Court can issue formal documents such as a:

Summons - which outlines the crime allegations and specifies the date you have to attend court next. 

Arrest Warrant - which gives police officers the power to arrest the suspect wherever they are located in the UK (this is once sworn, written information is laid before them)

Initially, a suspect will appear at a Magistrates Court, if the case is classified as an indictable case, which are the most serious offences, it will be sent to the Crown Court. 

When covering a crime story there are dangers such as contempt and defamation. A case becomes 'active' on arrest, a charge, or a summons or arrest warrant is given. During this period where the case is 'active' no material can be published as this is a breach of the Contempt of Court Act 1981. 

If police or government agency identifies the person as a suspect it is safe in libel law to report the statement.

Crimes: Categories and definitions

Journalists must know the difference between Indictable-only, either way and summary crimes.

Defining Criminality - There are two elements in most crimes:

1. Actus Reus - An act which is potentially criminal 

2. Mens Rea - A guilty mind, an act which was carried out or planned with guilty intent 

  

Indictable-only cases are the most serious cases, dealt with by the Crown Court. 

Examples of Indictable-only crimes against people are:

- Murder - unlawful killing of another human being 'with malice aforethought' 

- Manslaughter - unlawful killing of another human but without 'malice aforethought' 

- Rape - A man forces a woman to have sexual intercourse by the threat or use of violence

- Infanticide - mother killing an infant under 12 months old when the mother's mind is disturbed as a result of birth

- Aiding Suicide - helping another person commit suicide 

Either-way cases can be dealt with by a Magistrates court or Crown Court 

Examples of Either-way crimes against people are:

- Assault - an attack

- Actual Bodily Harm (ABH) - threat or attack causing harm but it does not have to be permanent 

- Wounding or Grievous Bodily Harm (GBH) - harm caused was a wound* or grievous harm (*A wound is the slicing through or breakage of the skin)

Examples of crimes against propery are:

- Theft - Stealing the property of another - Either-way offence

- Robbery - Theft by force of violence - Indictable offence 

- Handling - Dishonesty receiving stolen goods, helping in the removal or disposal - Either-way offence  

- Burglary - Entering the building as a trespasser with intention to steal, inflict GBH or intent to do unlawful damage - Either-way/Indictable offence 

- Fraud - False representation / Dishonest failure to disclose information - Either-way/Indictable offence 

- Blackmail - Menace acts with view to gain - Indictable Offence

- Aggravated vehicle taking - Vechile is taken and someone has been injured - Either-way Offence

- Taking a vehicle without authority - this does not mean you intend to deprive the owner permanently, it can be abandoned, known colloquially as 'joy-riding' - Summary Offence 

Motoring Crimes 

- Dangerous driving - Either way offence

- Causing death by dangerous driving - Indictable Offence

- Driving under influence of drink or drugs - Summary Offence 

- Driving with excess alcohol - (80mg in 100ml of blood) - Summary Offence

Other Crimes

- Perjury - giving false evidence - Indictable offence 

- Perverting the Court of Justice - interfere or threaten a witness / conceal evidence of false allegation - Indictable Offence 

- Wasting Police time - Summary Offence

- Kerb-crawling - men paying for sex - Summary Offence 

- Prostitution related offences 

Summary Offences are dealt with by Magistrates 

Criminal cases in the Crown Courts:

Procedure in Crown Court Trials:

1. Group of Jurors are brought into the Court room, 12 are selected at Random by the clerk 

2. Jury swears a legal oath 

3. Counsel for the prosecution will 'open the case' i.e outline evidence and state relevant law

4. Prosecution witnesses will give evidence

5. Speeches by lawyers and questioning and cross-examination/re-examination of prosecution and defence witnesses

6. Speech to open defence case and defence witnesses

7. Prosecuting counsel make a closing speech to Jury and defence do the same

8. Judge sums up the case, and reminds the Jury of the evidence

9. Jury elect a foreman/woman to be spokesperson, whom 'retires' to a Jury room to decide the verdict

Jury Baliff escorts the jury to and from their room, this is the only official who will have contact with them in it. 

If a Jury is unable to reach a verdict this is an unresolved situation known as a 'hung jury'. 

Majority Verdict of 11-1 or 10-2 are acceptable if they have failed to all reach a verdict in 2 hours and 10 minutes. 

Sentencing at Crown Court

- Prosecution summarises the evidence and the Judge is told about relevant previous convictions

- The death penalty was abolished for murder in 1965, now the only sentencing by law is life imprisonment for people 21 years and over.

- If the defendant is considered to commit further offences causing risk to the general public then they will be sentenced for life. 

- Each prisoner will have their case reviewed by parole board during their time in jail, they may be released on 'licence' meaning they are supervised by a probation officer and can return to prison to serve the remainder of the jail term if the conditions of the licence is broken. 

A defendant convicted in a Crown Court can seek appeal to the Court of Appeal.  

Media Coverage 

Journalists that cover court cases will get assistance from investigating police force, because it is in the public interest that reports of cases are fully aired. 

Media such as maps, photos, custody photos, videos, scenes of crime, weapons, section of transcripts, reconstruction footage of CCTV footage can all be released.

Juveniles in Criminal Proceedings 

Juveniles are described as anyone aged under 18. If the defendant is under 18 then they cannot be identified in a report under the Section 39 act. This anonymity is known as Jigsaw Identification. This is a combination of details about the defendant that do not explicitly state the name, e.g 15-year-old shop assistant in London. 

Journalists must take care not to breach a section 39 order by including too much detail about a juvenile, however a section 39 order can be imposed for a person who is either over 18 years old or dead. 

People who are also victims of sexual offences must not be identified. However, anonymity can be waived by a court if written consent is given and they are over the age of 16 years; baring in mind if they have been pressured into doing so, it will not be valid. 

Contempt of Court

The greatest danger of committing contempt of court lies in the publication of material which can cause a substantial risk/prejudice to an 'active' case. 

Contempt of Court Act 1981

Section 3 of the Act provides a defence for journalists, that do not know that the relevant proceedings were active. 

Section 4 of the Act provides a defence for journalists which protests that the report was accurate and fair.

Section 5 of the Act provides a defence for a published discussion in good faith of public affairs

Courts Act 2003 introduced a law which means if a media organisetion has committed 'srious misconduct' they are liable for huge costs. 

Part Two on Defamation and related Law coming soon. 

Court Reporting

I have been appointed Crime / Legal Affairs Reporter for WINOL 2012, this will be a challenging and rewarding role which I am eagerly awaiting to explore. In preparation for the crunch in September I have been brushing over my media law revision from the past year, refreshing myself on the likes of Defamation, Qualified Privilege, Privacy, Courts and Contempt.

One of the main sources for stories on Crime will be at Winchester Crown Court. All reports must be fast, accurate and fair, and consist of key pointers such as:
1. Identification - Name, DOB, Address, Sentencing - This is the facts.
2. Skeleton arguments - Outline the basis of the case - This is the background
3. Quotes - From the Judges, witnesses or defendants - This is the colour to the report.
4. Footage - GVs of outside, Lengthy report to camera, Mug shots - This is the visual identification.

The Public Gallery is where members of the public and journalists can position themselves to observe the trial and sentencing. Ensure when sat in the public gallery that you can see the defendant in the dock and hear and see witnesses. Detail such as reactions of victims family will also add imagery and aid the report.

In order to find out about upcoming court sentences, the 'Court Serve' website will allow you to plan in advance and know the time and date of a hearing. Its vital that you know the reporting restrictions.

The layout of a Crown Court is broken down into 8 categories:

1. Judge 

- imposes reporting restrictions
- ensure fair trial
- direct the jury

2. Clerk

- puts charges formally to defendants
- takes pleas
- can provide you with copies of charges and useful information for identification

3. Jury

- 12 randomly selected members of the public

4. Defence Team 

- defence barrister

5. Prosecution

- present the strongest case against defendant

6. Witnesses

- provide evidence and facts
- could be forensic experts

7. Dock

- defendant hears the case here

8. Public Gallery 

- press and public can hear the case here

Contempt - on arrest, criminal proceedings become active, the case can become active on arrest, when a warrant for arrest is issued, summons is issued or on oral charge. When a case is active you cannot publish material, otherwise you are guilty of contempt. 


Remember, all reports must be

FAST ACCURATE + FAIR

Information above has been sourced by The BBC College of Journalism. 

The Rob Brydon Show

Once again I was given the opportunity to be apart of a studio audience, and in this instance it was for The Rob Brydon Show. Even after getting there early we were still faced with 'standby' tickets as the studio had already been filled... just my luck. I thought well I've been turned down before so I'm sure its going to happen again, but to my amazement there were only 3 seats left, and 3 people stood before me in the queue. Luckily two were a couple and one was alone, so they offered my group who were three together the last golden chairs. A huge bolt of electricity ran through my body, I was very excited.

We found our way over the wires, through the production team and to our seats, and to our surprise the best seats in the house; second row from the front. The set was magnificent, the intricate details creating a real life vision of an intellects house was the perfect setting for a chat show. As usual there is a warm up comedian. For this BBC2 Show, it was the outstanding Steve Royle, entertaining the audience with his jokes, anecdotes and magic ball tricks! - I have never seen anything quite like it, he was juggling with balls only using his mouth and no hands, an insanely weird and wonderful talent. 

The first guest on the show was the one and only Queen of The Vic, EastEnders Legend Barbara Windsor. Babs took to the stage glowing with energy, fulfilling the audience with extremely interesting and enlightening stories about her career. She is a very inspirational genuine woman, who balances her elocution background with her EastEnd cockney roots. The night wouldn't have been complete without her cheeky Carry On girl banter, and her famous Peggy Mitchell liner "get outta my pub". 

The second guest was Michelin star chef and owner of 'The Fat Duck' Heston Blumenthal. (Of course the first joke had to involve the immaturity of swapping the F and the D around) Heston shared with us his successes of opening his own business with a passion for cooking and science. His menu is like no other menu anywhere in the world. That was securely confirmed after a game of 'Meal or No Meal' with all the suspected no meals, actually being meals. Just to name a few: Calf's Brain Custard, Pig Nipple Scratchings, Bacon and Egg ice cream, Snail Porridge and Sausage on stick lickable Wallpaper... I think I should let you digest that. I couldn't imagine any other dining experience that could top the flavour, sensory appeal and theatrical nature of Blumenthal's concoction of experimental dishes. 

The final guests were harmonic manband 'The Overtones', a refreshing and doo wop talent which had the audience bopping and swaying in their seats to the rhythm. Their infectious personalities and impressive vocal range filled the atmosphere with an overwhelming buzz. It was the perfect way to end an enjoyable night. Follow them on Twitter @the_overtones and have a listen to their single 'Say What I Feel' here. 

I look forward to when it is aired, to see how they cut down over 3 hours of footage to only half an hour. I will post the episode to my blog in the near future.

The Learning Curve Is Never-Ending, It'll Never End Up Full Circle

Summer has come early, maybe the weather is not on our side, but the holidays have officially begun and my first year of university is over! I've been home over a week already and it's beginning to take its toll that I am no longer surrounded by people my age, nor do I have the simple distractions and naive ignorance to ignore or face the facts. Reality seems to hit hard when I am at home, constantly reminded by mature adults that it’s time to do more and shake off the limp and lazy ways. I'm sure I'm not the only one panicking to find a part time job to make some money, because without a student loan to cover the summer, our budget is going to have to be tighter then ever.

I can't believe that a year of university has flown by already, it feels like I only packed my bags and flew my nest yesterday, but now I've left behind halls and all the wonderful people I've met this year. Fresher’s year has been for the majority of students the best year of their life; freedom, parties, new friends, independence, new skills, new knowledge and the start of pursuing a career in a field we hope. The word ‘hope’ is extremely significant, as students we all have hopes and expectations, but the harsh reality is you have to persistently keep trying, knockbacks will kick us all in the teeth but as we've all been told we have to fall before we can fly. I've realised nothing is going to be easy and this scares me. The big bad wolf is in the big wide world.

The days of playing hopscotch in the playground are over, and we're growing up, it's time to take on responsibilities. If only we were all given the chance to get to exactly where we plan to in life, but in this world nothing comes to you, you have got to go get it. I've heard this advice a billion times and I've repeatedly tried to drum it into my mind, but too often the drive and dedication can be lost and brushed under the carpet. We are young and learning, but learning is the best part of life, to learn something new each day is a fascinating and thrilling feeling. Nothing beats the feeling when you feel confident you actually know ‘stuff’, a slight ego boost when you know what you’re talking about.

In the next academic year, I have taken on the Role of ‘Crime, Legal Affairs and Court Reporter’ a challenge I set myself. I've aimed for the rough and tough to set myself a goal to master shorthand and develop my knowledge about law and courts. This can only build upon my experiences, and help me towards becoming a journalist. No matter what career choice we have each individually chosen, we have to prioritise working towards achieving it, what we put in is exactly what we will get out. We've been through the grading system of GCSEs and A Levels where we have all been stamped with an A B C D E but what I've learnt is that being spoon fed to pass exams is only short term, for long term benefits we need to put the time in. It's not about doing exactly what is required and following the rules by the book, it's about branching out, being different and exploring and learning skills through valuable experiences.

Best of all we can learn from our peers, I have learnt a lot through my course peers, everyone has their own speciality and talents, and everyone brings something different to the table, learn from your team and work together. This is what I am most excited about next year. I’m ready to be a 2nd year, fresher’s 2011 has taught me a lot, and the memories will be treasured forever in my heart.

Article can also be found at -

http://www.kettlemag.com/article/learning-curve-never-ending-itll-never-end-full-circle