The first piece of valuable information Ian emphasised that we need to know, and be always aware of as Journalists is recognise the risk in everything that we do. 'If in doubt, leave it out'. It is so important for every Journalist to be aware of the law and the latest OFCOM/ Press Complaints Commission regulations.
With the 'Leveson Inquiry' in full swing, there is currently a row going on as people say that the PCC has failed in relation to phone hacking. The huge debate is should the press have their own regulator or should it be private? Who polices the press? Newspapers are still fighting to hold onto regulation that doesn't involve legal statute. Broadcasting regulations are settled in comparison, things are generally agreed on the given regulations.
Topics that will be covered this semester:
- Outline of the legal system of England and Wales.
- Crime reporting and the Courts.
- Libel and Defamation.
- Investigative journalism and Privilege.
- Confidentiality and Privacy.
- Freedom of Information.
- Copyright and Codes of Conduct.
- Reporting Elections.
The laws corresponding to the above mentioned topics, are always changing at the moment. A good example of this is the changes to the rules on Libel. Basically, a person can only plead Libel if they can prove that there was tangible harm brought to the person's reputation. E.g. 'McLibel'
The battle was between McDonald's and Steel and Morris who were distributing leaflets which was outlining critical issues about the company. This leaflet was called: ‘What’s wrong with McDonald’s: Everything they don’t want you to know.' The original case lasting 10 years, awarded MacDonald's £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.
If this new law was applied to the 'McLibel' case then it would not be brought to Court since Mcdonald's is a global brand and the amount of leaflets distributed by Steel and Morris would not be enough to cause tangible harm to the Mcdonald's brand.
If this new law was applied to the 'McLibel' case then it would not be brought to Court since Mcdonald's is a global brand and the amount of leaflets distributed by Steel and Morris would not be enough to cause tangible harm to the Mcdonald's brand.
This week has been a good example of how Qualified Privilege can provide Journalists with stories, gives Journalists the right to accurately report from Court. For example, three celebrities are currently in court for charges of sexual assault on minors (Operation Yewtree): Dave Lee Travis (DJ and 'Top of the Pops' presenter), Rolf Harris (TV personality) and William Roache (Coronation Street's Ken Barlow), have pleaded innocent.
Another example of finding news worthy stories form Court is when 'Nigella Lawson's former assistants were on trial for fraud. The source of which came form Court and took the media by storm. Nigella was there as a witness to the case but people debated whether or not Nigella should have been protected( eg had a lawyer present). This is because Nigella was put through a lot of scrutiny about her private life (drug use). The press then reported the accusations being made about her lifestyle (eg taking drugs). Therefore, one might argue that a witness in court should be allowed a lawyer in this circumstance, since Nigella is a celebrity these kind of revelations are more damaging to her than the average person.
The hierarchy of the UK courts:
- Supreme Court
- Court of Appeal which is spilt into: Criminal Division Civil Division
- High Court of Justice split into: Queens Bench Division, Family Division, Chancery Division.
- Crown Court (Criminal Division)
- Magistrates Court ( Trials of summary offences)
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