Friday, 10 December 2010
Law Revision
Malice
-an untrue statement that is written down
The Public Interest
-the opposite of malice
-no single, comprehensive definition in law of this concept
-in journalistic context, 'justify information's value to society as particularly high or potentially so'
Malicious Falsehood
-a lie that was uttered with malice and the utterer knew it would cause damage or harm and that the statement was false
-likely to cause financial damage to the claimant
Innuendo
-implying/suggesting something without saying it - always malice! -no defence!
-a statement which may seem to be innocouos to some people, but which will be seen as defamatory by people with special knowledge
Juxtaposition
-'contrast' - two objects or texts that oppose one another
-a statement innocuous when standing alone can acquire defamatory meaning when juxtaposed with other material
3 point list libel
-publication - to a third party
-identification - positive identification (!)
-defamation
Defamation
-it is defamatory if it tends to do any of the following
~expose the person to hatred, ridicule or contempt
OR
~cause the person to be shunned or avoided
OR
~lower the person in the estimation of right-thinking members of society generally
OR
~disparage the person in his/her business, trade, office or profession
Slander
-libel in its spoken form
-slander between two people not defamatory - needs to be a third party involved
An action for Libel can be started up to 1 year after it has been published. So be very careful as a journalist to keep all you tapes, original rashes of tapes, notes, shorthand to be able to defend yourself.
Case: Gilligan case - journalist tampered with his notes (evidence) after making them
Three main Defences
Justification
-it is true and you can prove it
Fair Comment
-protects published opinion - not any statement put forward as factual
-must be an honestly held opinion
-should be recognisable that it is a comment
-comment must be based on probably true facts
Privilege
Qualified Privilege
-journalists have QP in parliament/court reporting
-exemption - you're above the law
- the Monarch only person in the UK above the law
Absolute Privilege
-judges, lawyers and MP's have
AP and QP when the publication is
fast - in the next possible broadcast/issue
accurate - no spelling mistakes etc
fair - free from malice
Subterfuge
-when gathering information without telling you are a journalist
-hiding the facts you are a journalist - hide camera in bag etc
-do never spy! be straightforward!
Use of Subterfuge
-got to have permission from regulatory bodies before you go ahead
-if you can't do story in any other way
-if it's in the public interest
Political Bias in Print and Broadcast
-no regulation on print media/newpapers - can be as bias as you like
-broadcast - outside election - balance over time (BBC code)
-broadcast - called election - strict balance/equal airtime in proportion to share in last election
-undue prominence
Recording, Interviewing and Filming Children
-need consent if child is under 16
-no harm can be caused!
Regulation relating to Taste and Decency
-use of foul language, 'the F word'
-mustn't be gratuitous
-after the watershed - 9pm
-not use on air - never in studio
-use of 'profoundly offensive' language, ' the C word'
-not gratuitous to use it
-Northern Ireland police documentary - the word was used in an interview but was kept in as the word was in context and also for effect
Interviewing Criminals
-mustn't glamourise or imply that the crime was a good thing
-racial slurs, racial identification - mustn't be gratuitous
CRIMINAL PROCEDURE
Main Function at a Magistrates' Court
-committals
-summary justice
-injunctions in civil cases
When is a case active? What legal risks are there?
Helping police with enquiries
-case not active
-defamatory possible - identification
Arrest and Charged
-case is active
-no danger of libel
-danger of contempt of court
Magistrates' Court - Summary Cases
-
-
Magistrates' Court - Committal
-may be held on remand
-
On Bail/On Remand/Awaiting Trial
-danger of contempt of court
-cannot report reason with police have rejected a bail - prejudice
In Crown Court when Jury is not present
-no danger of contempt of court
-danger of libel
-case is active
In Crown Court when Judge and Jury is present
-full protection (QP)
-case is active
Permitted to Interview Witnesses - if so in what circumstances?
-During? -no, because of the risk of intimidating the witness -->
-contempt of court
-no checkbook journalism
-can interview and report when case is no longer active
Report about trial or accused person after conviction - before sentencing
-no QP
-no risk of contempt of court
-your defence - justification
Impact of Article 8 - European Convention on Human Rights
-Campbell vs MGN Ltd
-a story published about her being treated at Narcotics Anonymous
-photographs taken of her emerging from a treatment session
-paper argued it was in the public interest
-Campbell argued no justification of publishing private photographs alongside the story or reporting the details of the story
-article 8 - only allowed to take pictures in clearly public places
-implied consent
Practical Measures for photojournalists and videojournalists to avoid legal problems
-trespassing - if asked to leave do leave
Confidentiality and Breach of Confidentiality
-it's about the expectation to whom you tell - if you tell your lawyer or doctor you expect them to keep it a secret
-Case: Bill Goodwin - protect your sources even if it can lead to yourself being imprisoned
FOIA - Freedom of Information Act
Provisions of the representation of the People Act affect journalism
-represents opinions of a candidate
(-crime)
'Without Prejudice' letter
-an editor might write this to correct errors
-this is not allowed to be used as evidence
Standards of proof in civil and criminal law - Prinicple of avoidance of double jeopardy - affect the practice of investigative journalism?
-beyond reasonable doubt
-balance of probability
-can't try the same thing twice
Statutory Qualified Privilege
-local government
-balance in the same article
-both sides
-industrial tribunals, cricket club etc
Common Law Qualified Privilege - Reynolds 10 Point Test
-the seriousness of the allegation
-the nature of the allegation
-the source of the allegation
-the steps taken to verify the information
-the status of the information
-the urgency of the matter
-whether comment was sought from the claimant
-whether the article contained the gist of the claimant's side of the story
-the tone of the article
-the circumstances of the publication
Thursday, 18 November 2010
Student demonstration in London - short version
Student demonstration in London 10/11/10 - documentary
Produced and Edited by: Madeleine Klippel and Veronica Frydel
Friday, 29 October 2010
Recent Cases - Media Law
Singer Lily Allen took legal actions against the Daily Mail alleging invasion of privacy and copyright infringement after they published pictures on their website of her home in September, 2010. Lily Allen has earlier won damages against French sports magazine 'So Foot' over an article where they claim she has called Cheryl Cole 'stupid and superficial' and Victoria Beckham a 'monster' and also received an apology from the Sun and £10.000 in damages for repeating some of the claims made in the same 'So Foot' article.
The Spycatcher Affair
The controversial book 'Spycatcher' contains information aquired by Peter Wright, senior officer of MI5, and was published in 1987. The British Government lost the battle to stop the publication of this book. Law Lords ruled that extract from this book could be used by media as any damage to national security had already been done by publications abroad. But it was agreed that Mr. Wright had committed a serious breach of confidence by publishing this book.
In 1991 the European Court of Human Rights found that Mr. Wright's freedom of speech had been violated by the government's actions.
Bill Goodwin Case
Trainee reporter Bill Goodwin refused to hand over the documents that would reveal his source as he investigated the financial difficulties Tetra Ltd faced. Mr. Goodwin's risked imprisonment by refusing to reveal his source - but ended up paying a £5.000 fine.
In 1996 the European Court of Human Rights held that the fine and the court order violated Mr. Goodwin's right to freedom under Article 10 of the European Convention on Human Rights.
Catherine Zeta Jones Case
Michael Douglas and Catherine Zeta Jones were awarded £14.600 for breach of confidence and an additional £3m in costs after paparazzi pictures of their wedding were published in Hello! magazine.
Campbell v MGN Ltd
In 2002 Naomi Campbell sued Mirror Group Newspapers for publishing a story about her receiving treatment for a drug addiction at Narcotics Anonymous and publishing photographs of Ms Campbell emerging from a treatment session. The paper argued it was in the publics interest they published the story and the photographs - Ms. Campbell had earlier stated that she was not taking drugs, and therefore disclosure was necessary to correct a false public image.
In 2004 it was ruled that it was in the publics interest to report the fact of Ms. Campbell's drug addiction and the treatments she was receiving - but there was no justification for reporting on the details of her receiving it at Narcotics Anonymous, neither of the photographs published alongside the story.
________________
Further reading on:
Lily Allen v Daily Mail - the Guardian
The Spycatcher Affair - BBC
The Spycatcher Affair - MI5
Bill Goodwin Case
Catherine Zeta Jones Case - BBC
Campbell v MGN Ltd - McNae's Essential Law for Journalists, chapter 23
Wednesday, 27 October 2010
Confidentiality - secrets and secrecy
'Breach of confidence is based upon the principle that a person who has obtained information in confidence should not take unfair advantage of it' (p.381 McNae's)
Information is not generally confidential but information already in the public domain cannot always be published with impunity
Until 2000, English law recognised no right to privacy
Three areas of concern:
§ State secrets
o Official Secrets Act
o Details of military or intelligence operations
§ Commercial secrets
o Common Law Confidentiality
o People have the right to keep secrets as long as it is not against the public interest
o If somebody who is not allowed passes on secrets – a doctor or a lawyer for example –he/she commits ‘breach of confidentiality’ = crime
o A journalist might get caught between commercial secrets and the urge to reveal and report them – third party breach = crime
§ Might just have to accept the fact that you cannot report – legal duty to respect the confidence
§ Privacy
o ‘Privacy’ law
o Human Rights Act, section 8
‘A person is in breach of confidence if they pass on information that:
- Has 'the necessary quality of confidence'
AND
- Was provided in ‘circumstances imposing an obligation’
AND
- There was no permission to pass on the information
AND
- Detriment is likely to be caused to the person who gave in the information’
http://journalism.winchester.ac.uk/?page=229
If a journalist tries to publish confidential information, and the person who has passed on this information finds out that the information is to be disclosed before it has been published– he/she may be able to get a temporary injunction which will prohibit the publication of that material.
Further reading on Confidentiality:
Still a very long way to go...
It is vital that everyone attends the news meetings, the Monday morning debriefs and anything else that concerns us as an organisation, and us as a team. If we aren't fully updated on what is going on from week to week, I don't think we can contribute and produce material up to the standards as we did before the summer. It is understandable that things to happen that concerns for example your private life and due to this you cannot attend a meeting, or even a whole news week - but if this is the case you need to be sure that you catch up on what you might have missed while away, both for your own and everyone elses sake.
The bulletin, as I said, was far from perfect. The few things that sort of saved it was Andy's piece, concerning GBH (Grevious Bodily Harm) and his interview with the victim whos attacker pleaded guilty to the charges, and the sports teams packages that holds the standard week in and week out.
When we are accompanied by guests in the studio, which is a really good and interesting thing that also looks professional, we have to think about the backdrop and the greenscreen, because it looks quite random and sloppy when the same backdrop appears all the time and it looks as if the presenter and the interviewees are jumping between the shots. Is there anything we could do about this?
Also, we need to pay attention and work even harder to improve our technical skills, such as pictures and sound - it is important, once we have got the story put together and the interviewees on camera, to make sure the sound quality is usable. One of the worst things ever is listening to something that you find interesting but you cannot hear the interviewee due to for example wind. In addition to this, I personally think we use too many zooms and need to cut down on these as the human eye is not used to this movement. Rather get more general views, than using the zoom - unless the zoom adds something to the piece.
I think it was a good choice to change presenters to give others a chance to try it out, even though Claire and Tom always make a brilliant job! Seeing as we are at Uni and want to learn everyone should get a shot to try this, and other things they desperately want to try out, as this is really the only opportunity we get to try these things out and find out whether or not we enjoy doing this.
Even though we all felt a bit defeated and quite frustrated after this week, I am sure we will be in next week again, giving it our best and hopefully producing a bulletin we can be proud of again!
Sunday, 24 October 2010
Social networking, libel and defences
When a claimant is suing for libel he or she has to show three things
2) it refers to him/her – he/she is identified
3) it has been published
• Lowering someone in the estimation of right thinking people
• Cause them to be shunned or avoided
• Disparage them in their business, trade or profession
• Expose them to hatred, ridicule or contempt
Friday, 22 October 2010
Third time lucky...?
Our third bulletin went quite well. I was unfortunately not involved in the final output, but from watching the bulletin, it looks as if we are doing better and better from week to week, but there are still small things to pay attention to, to make our work the best possible. The presenters this week was our ‘standard duo’, Claire Ijsbrandij (news) and Tom Otrbeski (sports), who always do an excellent work!
Overall, the bulletin ran over quite some time, instead of our scheduled golden 10 minute slot. I am not quite sure why this happened, as I was not in class for the actual debrief after our output on the Wednesday, but when I was scripting last semester I was told to closely keep an eye on the 10 minutes as you can never go over or under a time slot in a TV schedule.
The headline sequence was ok, but could have been polished as Julie Cordier did not look quite sure what to do or where to look when she was in shot, she would probably have needed some guidance on this before we went live. The running order could have been slightly changed – personally, I would not have lead with an investigative story. This type of story can usually be published in a bulletin at any point, and is not as sensitive to being published straight away, as breaking news are.
So the leading story of the bulletin, Jack Courtez’ piece on homelessness in Winchester and how they will be affected by the cuts that the government announced, was like I already mentioned sort of an investigative piece. I enjoyed seeing and hearing the guy in the piece playing the guitar, nice actuality, but I am not sure whether he is a homeless man or if he has got anything to do with the story at all. The interviewees were both good and adding to the story, but could have been framed a bit better, zoomed in on. It is also important to pay attention to things that might seem unimportant, such as buzzing noises in the background, because they do add to the experience of the viewer and they can easily be distracted by this. Also, it’s worth remembering, for everyone, to get enough general view shots when out filming so that you don’t run out of shots and end up with the same pictures twice in one piece!
Following this our finance reporter Julie Cordier appeared in the studio as studio guest, giving an update on the situation with tuition fees and how this will effect students at the University of Winchester, the University of Winchester and students around in UK as a whole. It would have been nice if the studio discussion would have either been after or just before a news package dealing with this subject to big it up even more.
Our third story was a court report delivered by Andrew Giddings from Winchester’s Crown Court. This was a strong story, and obviously hard to turn into a package due to lack of pictures. It turned out well, even though most of it was just a PTC (piece to camera) from outside the court, maybe a bit too long.
Julie Cordier’s piece focused on the increase of train fares and could have done with more than only one vox pop, to make the view of the public fair. When doing PTC’s it is important to pay attention to your surroundings, especially when it is windy outside. Preferably bring someone with you who can keep an eye on sound levels and also keep the headset on to recognise any sort of existing problems with the sound, as the microphones are very sensitive and will pick up anything, even the slightest wind, that comes their way.
I haven’t yet spoken about the links, because I think most of them actually worked quite well this week, but when Claire read Stuart Appleby’s link leading into his news package she seemed to struggle. Whether or not this was because of the links complexity, I do not know, but it seemed as if she was struggling more than she did for the links leading into the previous stories. Also, the story seemed a bit rushed but I liked the alternative way of introducing the news story, diving straight into the action and the interviewee.
Sport was as always good, starting off with some football action from our reporter Karen Purnell. This was a nice up-tempo piece and a cheerful ending with Karen handing over a bottle of bubbly to Winol’s Man of the Match. This was followed by a graphic, which then lead into James Fraser’s basketball piece which basically consisted of the one interview and cutaways of the team playing basketball. It would have added to the piece if you could have actually heard the guys playing, running around and shouting at each other when the pictures were shown, would have been nice with the actuality coming through as the interview was ongoing.
Finally Michael Connolly finished off the bulletin with a puff piece which contained an alright interview although the camera should have been set up in eye line, and not tilted down at the interviewee. Also we have to remember to not use too many zooms while shooting general views, as the human eye is not used to this movement and therefore it can confuse the audience’s eyes when watching it.
After everyone’s goodbyes in the studio, we offered our audience a preview on our feature teams autumn fashion trends package, which looked really good and fun, and this is definitely a great way to keep the viewers at our site. As Chris Horrie always says, the audience comes for the news, but stay for the features.
Monday, 18 October 2010
'Beyond reasonable doubt'!
The second week we focused on crime and how as a journalist you can cover this issue and be legally protected at the same time. Something that may seem simple and quite straightforward when you think about it, but definitely is a bit more complicated than that. We also refreshed the hierarchy of the English court system, how it works and who can do what where. With all the different instances and divisions that lead to others it is important to remember which one does what, and what the different terms for the different people involved in a specific case are at a specific time – also what type of case you are reporting on, whether the case is still active or not, and the most important of all, whether the case has been proven in court ‘beyond reasonable doubt’ (McNae’s p.21).
A case is legally active when:
- police make arrest
- an arrest warrant has been issued
- magistrates issue summons
- a person is charged
(Glenn Hutt’s blog)
When a case becomes ‘active’, you as a reporter need to watch out for what you can report and publish, and what you cannot to avoid contempt of court. For the pre-trial you can report on the defendant’s name, age, address, occupation, charge(s), date and place of court hearing, bail, legal aid conditions and names of counsels. But, if the defendant or the witness is under 18 he or she cannot be identified in any reports.
As the case is active there are certain things you can report on without being in the risk zone of breaking the law, as you as a reporter has Qualified Privilege, which means that you are allowed to report on anything that is said within the court while the jury is present, and as long as you stay within the rules of court reporting (Chris Horrie’s notes, Media Law Web). However, if your report is not fast (published in the next edition/bulletin), accurate (shorthand!) and fair (free from malice), the privilege is lost. Also, you cannot record anything within a court!
Usually police have 24 hours to question a suspect – in certain cases this can be extended, for example when dealing with terrorism suspects. A case remains active even when the suspect is released on bail, and does not close until the bail ends without arrest or charge (McNae’s p.24).
Most cases are being tried at a Crown Court, but some minor cases are tried at a Magistrates Court. Depending on which category a case falls under, this decides which court it ends up being tried at. There are three different categories of offences;
Indictable-only offences – these are the most serious crimes and they are being dealt with by a Crown Court with a possible sentencing of +5 years
Either-way offences – crimes that can be dealt with in either a Crown or a Magistrates court, depending on what the magistrates decide, or on the decision of the defendant
Summary offences – minor offences that stays with the Magistrates court
If a defendant is convicted in Crown Court, he or she can appeal to firstly, the Court of Appeal and then secondly, to the Supreme Court. In certain cases the High Court works as an appeal court as well.
Further reading:
Glenn Hutt’s blog
Jon Hopley’s blog
Chris Horrie’s notes
BBC College of Journalism: Reporting Court Cases in England and Wales
Week 1 - Introduction to Media Law
Second week Winol - this is how it went
Sunday, 17 October 2010
Eyes and ears of the general public - an introduction to media law
It is quite different having studying a year of History and Context of Journalism where we have been encouraged to think, philosophise and engage with the ideas of famous thinkers such as Nietzsche, Zola, Rousseau – then going on to our third year and studying Law for Journalists, where nothing is left to think and speculate about for yourself as everything follows strict lines and patterns; law.
It is essential to know how the law works in the UK, otherwise you as a journalist would probably defame and slander people, report illegally on court proceedings and other serious incidents, as you wouldn’t know how it all works with identification issues, the public’s interest, freedom of expression and so on. So this is what we will be focusing on throughout this semester, and make sure that we can be journalists of top quality and report fairly and accurately on what is going on in our society.
Our course book, McNae’s Essential Law for Journalists 20th Edition, goes through the major points in law that is necessary for a journalist to know by heart before graduating as a qualified journalist. Obviously, law as everything else, do slightly change from time to time with new media expanding and as new ways of exposing people’s life become available – this is why we do law in our third year as well as in our first year – to properly keep updated with what’s the latest we need to know as journalists. Also, graduating from a university doesn’t mean that you can let go of the law and remember is at it was while you were still studying. You need to keep on top of it and make sure you always follow the latest changes as the outcome can be devastating if you don’t.
So throughout this semester I will keep my blog updated with the latest course material we have gone through, with ongoing cases that deal with the points of law that we are and have been taught throughout the lectures. I will also try to explore different areas within the law more than others with additional reading, as this to me is as important to me to get the bigger picture – otherwise it is much harder to understand the reading as a whole if you have nothing to compare it with or stand it up against.
Recap of major points from course book:
· The media are the eyes and ears of the general public
· A free media are an essential element in maintaining parliamentary democracy
· In general journalists in the UK have no legal rights to gain information, or to publish it, beyond those enjoyed by other citizens
· The European Convention on Human Rights has codified fundamental freedoms, including that of freedom of expression
· Journalists must be alert to challenge unreasonable or unlawful restrictions on this freedom
· Two constitutional bulwarks protect freedom of expression in the UK – jury trial and the rule against prior restraint
· Sources of UK law include custom, precedent, equity, statutes and statutory instruments, and European Union regulations
· The two main divisions of the law are criminal and civil law, and journalists need to use correctly the legal terms appropriate for the type of court they are reporting
· Codes of ethics guide journalists in their work
(McNae’s, p. 38)
__________________
Tuesday, 5 October 2010
WINOL back on track
So third year is kicking off with some more WINOL action. This year we're joined by the second year students, and we are an even bigger team working with our weekly bulletin than we were last year - so potentially we can expand, improve and be an even better success than last year! With extra resources, we will also expand on features and make this an area just as intense and exciting as the news area.
Wednesday, 29 September 2010
TV Masterclass - the do's and don'ts...
Friday, 9 July 2010
Football, football, oh all this football...
Waking up this morning I just realised I've only got two more sleeps here in Doha before going back to England again. Can't believe that two nights and two games are all that remain of this major adventure. When going out here on June 9th I never imagined time to just fly by as it has done. I guess part of this is due to the long, long shifts we've covered, the chaos and stress that's surrounded us all along and also thanks to all the new people I've met here and learnt a lot from.
As a kid I used to watch football with my dad on TV, speak to my uncle about our local football team, ÖSK, and watch the live games with my friend at the ground. I used to dream about going to watch all these big games around in Europe, and the rest of the world once grown up – but never imagined working behind the scenes of big tournaments, such as the World Cup, meeting all the big names that you only see and hear of on TV.
85 million viewers!
My biggest dream has always been to cover major sports events, but when starting university I could never imagine doing this before not even graduating. But, here I am – covering the World Cup from South Africa, in Qatar for Al Jazeera with 85 million people watching our live coverage from around the Middle East and the northern parts of Africa. Unbelievable.
But with the final approaching we are hoping to be viewed by 100 million people... I can’t even begin to understand how massive an audience that is – seeing I’m from Sweden where the population is only nine million. But it is impressive, how a sport such as football can unite people from all around the world to watch and enjoy with one another.
To be honest, so far we haven’t really seen a cracking World Cup game, but hopefully we will see the best of games on Sunday. That would make my experience here complete.