1. The Legal Framework in the UK:
The Hierarchy of the courts:
Criminal Law:
Criminal law is concerned with crimes against people e.g. Murder. These are deal
with in a crown court, with a judge and a jury who decide on whether the
defendant is guilty 'beyond reasonable doubt.' The crown court deals with
indictable offences (trys indictable offences, appeals from magistrates court,
sentencing).
Hearings prior the jury usually occur (application for dismissal before
arraignment' pre-trial hearings and preparatory hearings). These have automatic
reporting restrictions, which are the same as when a jury is present during the
trial.
Minor criminal cases can be tried or sentenced in a magistrates court, sometimes
these cases are serious enough for jail time but not for a crown court trial
(summary trials, committals, family courts youth courts, licensing appeals).
Like in a crown court, Pre trial hearings have reporting restrictions attached,
just in case they're taken to crown court.
Civil Law:
Civil law is mostly concerned with disputes between people over, for example
contract law, breach of statutory duty, family law cases and chancery matters.
These are usually dealt with in county courts. Where matters are more serious or
complex, the high court deals with proceedings. The high court is made of of
three divisions. These proceedings depend on the 'balance of probability'.
Seven points for reporting restrictions to avoid libel and contempt of court, in
criminal and civil cases, at crown, magistrates or county courts:
The name of the court and judge/magistrates name.
The names, ages, home addresses and occupations of the defendants and witnesses.
The charge(s) or summary of it/them.
The name of solicitors and barristers in the proceedings.
If the case is adjourned, the place and date it's moved to.
Arrangements concerning bail.
Whether legal aid was granted.
The sources of Law:
Common law.
Case law.
Acts of parliament.
European law.
Possible
Questions:
What
is the highest court in the UK? Where does it sit? How many
justices?
Three functions of Crown Courts?
(Trys indictable offences, appeals from mags, sentencing)
Three functions of Magistrates
courts? (Summary trials, committals, family courts, youth
courts, licensing appeals)
What is the difference between a
civil and criminal offence?
Is the legal test of proof the
same or different?
Give 3 sources of law in the UK.
What do journalists mean by the
public interest?
2. Reporting crime and the courts:
Prejudice: where the publication of certain information where the publication of
certain information will make it difficult for an caused person to be treated fairly at trial I.e the jury
already know background facts about the defendant.
Contempt: where information is published in breach of the rules on crime or court reporting.
High risk of prejudicing legal proceedings.
The stages of processing & reporting crime:
The crime is reported -
The police make and arrest -
The police lay charges -
Magistrates court hearing - restricted to seven points:
The name of the court and judge/magistrates name.
The names, ages, home addresses and occupations of the defendants and witnesses.
The charge(s) or summary of it/them.
The name of solicitors and barristers in the proceedings.
If the case is adjourned, the place and date it's moved to.
Arrangements concerning bail.
Whether legal aid was granted.
Types of offence:
Indictable -
Either-way -
Summary -
Crown courts:
Where a jury is not present nothing should be reported - risks contempt.
Reporters covering court proceedings enjoy absolute privilege which is a defence
against any action for defamation. This privilege depends on the report being
fast, accurate and fair. Any defamatory shouts are not privileged.
Possible Questions:
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?
What
is required of your court report for it to attract absolute
privilege?
In this context
explain what is meant by ‘fair’.
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?
3. Libel and defamation:
Libel = defamation + identification + publication.
A defamatory comment tends to:
lower someone in the estimation of right thinking people.
Causes someone to be shunned and avoided.
Disparages someone in their business, trade, office or profession.
Exposes someone to hatred, ridicule or contempt.
These can apply to a company as well as an individual.
Juxtaposition libel is a problem for broadcast journalism.
The issue with inference(secondary meaning) and innuendo (a possible defamatory suggestion).
New libel defences - defamation act 2013:
You must prove:
There was no serious harm to a person or a company.
Truth - the statement must be a true and honest opinion based on fact or facts
that existed at the time of the statement. But there must be no malice!
Public interest - if it published because it it reasonably believed it is in the
interest of the public.
Absolute privilege - so long as it it follows the rules required and is fast,
accurate and fair.
Qualified privilege - so long as the defamation took place in a situation where QP applies e.g.
A council meeting, police statement, press conference.
Possible
Questions:
How
would you define libel?
How do we know when
a statement is defamatory (4 tests used by judges)
What particular
danger is there of libel for TV journalists?
What are the 3
major libel defences?
Look up The McApline Affair.
4. Qualified privilege:
Day to day protections for journalists in routine reporting. Eg. public meetings, council hearings,
press conferences, police statements.
Allows us to report information which may be defamatory or untrue.
There is legal protection so long as it is fast, accurate and fair, without malice.
There are two levels of QP - with and without explanation.
With explanation:
Any public meeting in the UK - whether admission is general or restricted.
- local councils
- tribunals, commissions, inquiries appointed by statutory provision.
- general meetings of UK public companies.
- company documents or extracts from.
Without explanation:
public proceedings in a legislature anywhere in the world.
Public proceedings in a court anywhere in the world.
Public proceedings of a public inquiry anywhere in the world.
Public proceedings of an international organisation conference.
Extract of any register or document legally required to be public.
A notice or advert published on legal authority anywhere in the world.
Extract of matter published on government authority anywhere.
Extract of matter published by international organisation anywhere in the world.
The Reynolds Defence:
Protects the publication of defamatory material, provided it was a matter of public interest and
that it was a product of responsible journalism.
Lord Nicholls' list:
The seriousness of the allegation.
The nature of the information (public interest?).
The source of the information.
The steps taken to verify the information.
The status of the information.
The urgency of the matter.
Whether the comment was from the claimant.
Whether the article contained the gist of the claimants story.
The tone of the article.
The circumstances of the publication.
Why is the legal
principle of privilege so important to journalists?
Give examples of occasions when reports may attract QP with, and
without, explanation and contradiction.
Why was a public
meeting in 2000 about the jailed paratrooper Lee Clegg so
significant?
5. Copyright:
Copyright is the exclusive legal right, given to the originator or an assignee to print, publish, perform,
film or record literary, artistic or musical material, and to authorities others to do the same.
What is the purpose of copyright? To protect intellectual property. Undeveloped ideas, brief slogans or
catchphrases aren't protected.
Fair dealing allows other media outlets to lift journalistic material BUT
- work cannot be passed off as your own.
- usage must be fair.
- material must be in the public interest.
You cannot used fair dealing for photographs & internet material is subject to copyright.
Possible questions:
What’s the purpose
of copyright law?
You use a photo off
the internet. Is it free of copyright?
Why is the
principle of fair dealing important and what are its limitations?
6. Confidentiality:
Safeguards information gained in confidential circumstances.
There are three areas of concern:
- Revealing state secrets or official secrets.
- Revealing commercial secrets
- Revealing facts about a person they expected to stay private
The official secrets act - protects state secrets. Breaches are a criminal offence. Juries don't usually
convict whistle-blowers.
Commercial confidentiality - Usually protected by contract employment.
Personal confidence/Privacy - Protected under article eight of the European
convention.
Journalists must decide how newsworthy confidential information is an either
- Risk an injunction for a response to the allegation
OR
- publish the material and risk legal action for a breach of confidence or defamation if the info in
inaccurate.
Examples:
Max Mosley vs the News of The World - the paper claimed Mosley had an orgy with five women
claiming it had a Nazi theme. The ruled there was in public internet in revealing this, and so Mosley
had a right of privacy and damages were awarded.
Naomi Campbell vs the mirror group -
Possible Questions:
What
is the purpose of the law of confidence?
What are the danger areas for journalists?
What dilemma does a journalist face when newsworthy information comes
into his or her possession?
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.
7. PCC, Ofcom & BBC Guidelines - Regulatory Codes:
Covers journalistic behaviour when getting a story - what is justified.
Ofcom rules there is an absolute requirement for accuracy and impartiality.
PCC discredited post Leveson - next move unclear.
BBC guidelines designed as a system of self regulation.
Ofcom has statutory power. It can impose large fines and remove broadcasting licences.
E.g. ITVs Ant and Dec were fined £5.6mil for abusing phone in votes to make money.
Possible Questions:
What bodies are responsible for regulating professional conduct of journalists?
Which body has the most power and why? Ofcom - it has statutory powers.
Define impartiality. Would there be any difference in your approach to this if you were working in
newspapers or broadcast? Impartiality means non biased - there is a different approach taken by
broadcast and print journalists. Newspapers don't not have to remain impartial a lot of them take
political leaning during elections. Broadcast journalists, because of the regulations of Ofcom,
must always be impartial.
8. Reporting Elections:
Journalistic impartiality and accuracy is at its greatest during election time.
Our reporting will assist the democratic process to allow voters to make choices.
What are the dangers?
- false statements about candidates.
- maintaining impartiality.
- reporting opinion polls or exit polls.
Broadcasters are obliged to maintain strict impartiality. This is done by assessing coverage daily and
over several days and also by keeping a log.
Major party candidates and minor party or fringe candidates don't not have to be treated equally.
It is an offence to mention exit poll until the polling stations are close. No coverage of political issues
or argument on polling day.
Representation of the people act.
Different rules for broadcasters and printed news during elections. Why? Ofcom
Cannot give false statements about other candidates.
Opinion polls - can be biased and can be unreliable.
Broadcasting in England & wales will focus on the three main parties and UKIP - now considered
a big party in the European elections (article on press gazette).
Why
is accuracy and impartiality especially important at election times?
What are the danger
areas for journalists during campaign reporting?
Must all candidates
standing in a constituency be covered equally?
On polling day when
can we start reporting exit polls?
On polling day a
candidate makes a final plea to voters – can we report this?
Phil
Woolas. Relevant example/case study.
