Investigative journalism is seen as an off diary or set to no agenda, it can also be described as 'what someone doesnt want you to know (or publish).' Investigative journalism differs from every day news, in that every day news is a report of what has happened and interviews of those involved. Like everyday news, it comes with its own risks of committing malice and conflicts of interests.
Investigative journalism can be used as a tool in the case of miscarriages of justice through organisations such as the innocence network united kingdom (INUK).
Photography, filming and videoing:
The press complaint commission code of practice has various clauses which protect aspects of personal privacy. It is not law, but breach of the clauses can have consequences.
Clause 3, privacy states:
i) everyone is entitled to respect for his or her private and family life, home, health and correspondence. editors will be expected to justify intrusions into any individuals private life without consent.
ii) it is unacceptable to photograph individuals private life without their consent.
Clause 4, harassment states:
i) journalists must not engage in intimidation, harassment or persistent pursuit.
ii) they must not persist in questioning, telephoning, pursing or photographing individuals once asked ot leave and not follow them.
iii) editors must ensure these principles are observed by those working for them and take care not to use non compliant material from other sources.
Clause 6, children states:
i) young poeple should be free to complete their time at school without unnecessary intrusion.
ii) a child under 16 must not be interviewed or photographed on issues involving their own or another child's welfare, unless a custodial parent or similarly responsible adult consents.
iii) pupils must not be approached or photographed at school without the permission of authorities.
iv) minors must not be paid for material involving children's welfare, nor parents or guardian for material anout their children or ward, unless in the childs interest.
v) editors must not use fame or position of parent or guardian as sole justification for publishing details of a child's private life.
Harassment
the harassment act 1997 was implicated to tackle stalkers, but was only considered for use against the media because of the treatment of Kate Middleton by the paparazzi.
Trespass
forbids the unlawful physical entry to land or buildings. Civil courts can impose injunctions to prevent it further. There is no consideration of trespass when a picture is taken from property where the photograph has permission or right to be taken, eg. public highway joining private land. The concept of trespass can include trespass of the 'person' which might amount to compelling a person to be filmed by stopping him getting into his home or place or work. There is also trespass to goods, for example, picking up a document without permission and photographing it.
Aggravated trespass
Aggravated trespass is committed if he or she trespasses on loud, and in relation to any lawful activity which other people are engaged in on that or adjoining land, does anything to intended to the effect:
- of intimidation ant if them so as to deter them from engaging in that activity.
- of obstructing that activity
- or of disrupting that activity
Reporting elections:
False statements made about election candidates - under section 106 of the representation people act 1983 it is an offence to:
- make or publish false statement about the personal character or conduct of an election candidate, if the purpose of publishing the false statement is to affect how many votes he/she will get.
To constitute such an offense the falsity must be expressed as a fact, as distinct as possible from a statement which is comment or opinion about the candidate. As a defense, he or she must show they had reasonable grounds for believing it was true at the time of publication. It is also an offense under the act to:
- publish a false claim that an election candidate has withdrawn from the election. If the publisher knows this claim is false and published it for the purpose of promoting or procuring the election of another candidate.
Defamtion dangers during elections - Qualified privilege protects fair and accurate reports of public meetings. When reporting extremist candidates, laws against the stirring up if hatred come into place.
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