Below are the main points from this semester's lecture on Qualified Privilege
Defences
1. Justification
- absolute defence for libel
- although not for privacy laws (use ryan giggs case)
2. Fair Comment
- sincere belief and;
1. no malice
2. honest opinion based on fact
3. public interest
3. Qualified Privilege
- common law and statutory
- means exemption from the law
- the queen has this
- absolute privilege - all judges have it when in court
- as a journalist we have QP, not AP, so you can report what is said as long as it is fast, accurate and fair
- always think in the public interest
- first available edition for your broadcast
Positive malice - refers to 'freebies' etc
Must include the plea and the words "the case continues"
Must have equal prominence to prosecution and defence - stick to judges summary and verdict
Parliament is protected under Qualified Privilege - it is legally a court eg Dennis Skinner vs George Osbourne
Common law QP
"For the common convenience of society" eg in references
- The Clegg case - Irish soldier who shot some youths
- Anti-IRA campaign to get him out of prison
- accused lawyers or being IRA terrorists
- campaign groups have common law privilege now
Reynolds ten point test
1. must be of a serious matter
2. must have documentation from official report
3. must have a reliable source
4. must have taken steps to verify the allegation or story
5. must have important status eg not an old matter
6. must be printed with urgency
7. must seek comment from the claimant
8. must have the gist of the claimants side of the story
9. must be of a serious tone of the article
10. must be published in the first available broadcast - eg the circumstances of the publication
Must get the claimants side of the story - they will defend it!
Key cases are as follows:
- Loutchansky case
- Galloway case- Daily Telegraph
Public interest PCC Code of Conduct
- exposing crime
- exposing health risks to the community
- preventing the public from being misled
Saturday, November 12, 2011
Media Law - Lecture Two
Court reporting is extremely important for broadcast journalists. Knowing what you can report, and particularly at what time during a trial is vital.
Within crime reporting a journalist is constantly wary of contempt and prejudice.
In my previous blog I mentioned Chris Jeffries' case. The newspapers breached contempt of court by printing that Jeffries was a 'killer', despite the fact he had not been convicted, thus prejudicing any possible jury against him.
What can you write when a case becomes active?
Firstly, a case becomes active when an arrest has been made, be it through a verbal arrest or an arrest warrant, or a summons has been issued. When a case is active you can report the following details:
- name, age, address and occupation of the accused
- charges against them
- name of court and Magistrates' names
- name of solicitors
- date and place where court is adjourned
- bail arrangements
- whether legal aid is granted
There are three types of crimes heard at Magistrates or Crown Court:
- Indictable = can be sentenced to five years or more
- Either way = heard at either Crown or Magistrates
- Summary = only heard at Magistrates
A Magistrate has a certain amount of power. They can sentence a person to up to six months in prison for each offence, fine a person up to £5000 or give a suspended sentence. They can also adhere social restrictions like asbos.
Knowing the structure of a trial is also important for a journalist, as to avoid unequal prominence you must report both sides of the trial. For example, if you report the prosecution opening you must then report the defence opening. Below is the structure of a trial:
- Prosecution opening
- Prosecution witnesses
- Cross-examination
- Defence opening
- Defence witnesses
- Cross-examination
- Prosecution and defence may address the court
- Sentencing
- Judges Summary
It is also worth knowing that in Court a criminal case must be "beyond all reasonable doubt" whereas civil is "on the balance of probabilities".
Within crime reporting a journalist is constantly wary of contempt and prejudice.
In my previous blog I mentioned Chris Jeffries' case. The newspapers breached contempt of court by printing that Jeffries was a 'killer', despite the fact he had not been convicted, thus prejudicing any possible jury against him.
What can you write when a case becomes active?
Firstly, a case becomes active when an arrest has been made, be it through a verbal arrest or an arrest warrant, or a summons has been issued. When a case is active you can report the following details:
- name, age, address and occupation of the accused
- charges against them
- name of court and Magistrates' names
- name of solicitors
- date and place where court is adjourned
- bail arrangements
- whether legal aid is granted
There are three types of crimes heard at Magistrates or Crown Court:
- Indictable = can be sentenced to five years or more
- Either way = heard at either Crown or Magistrates
- Summary = only heard at Magistrates
A Magistrate has a certain amount of power. They can sentence a person to up to six months in prison for each offence, fine a person up to £5000 or give a suspended sentence. They can also adhere social restrictions like asbos.
Knowing the structure of a trial is also important for a journalist, as to avoid unequal prominence you must report both sides of the trial. For example, if you report the prosecution opening you must then report the defence opening. Below is the structure of a trial:
- Prosecution opening
- Prosecution witnesses
- Cross-examination
- Defence opening
- Defence witnesses
- Cross-examination
- Prosecution and defence may address the court
- Sentencing
- Judges Summary
It is also worth knowing that in Court a criminal case must be "beyond all reasonable doubt" whereas civil is "on the balance of probabilities".
Media Law Lecture One
It has been a year that has seen media law thrown into the spotlight with high-profile cases like the phone hacking scandal, super injunctions and the likes of Wikileaks.
Matters of privacy law and the conflict of Article 8 - the right to a private life - and Article 10 - freedom of expression - have been debated both in and out of the media.
Today we spoke of the case of Chris Jeffries, who was wrongly accused of the murder of Joanna Yates. He was highly defamed in the media. The British newspapers broke the law by calling him a murderer - if he was put to trial his jury would have been prejudiced against him because of of the media coverage around the case.
The Jeffries case has highlighted how the ethics of journalists are being brought under question. Just look at the News of the World's dramatic decline after it was revealed they were hacking into the phones of celebrities and the families of murder victims, such as the family of Milly Dowler.
Today we also looked at the hierarchy of the English Court System.
Below is a diagram of the court's. In simple terms, if a case is appealed from Magistrate's Court it is heard in Crown Court, then High Court, the Court of Appeal and finally the Supreme Court.
People we should know as journalists:
- Lord Paul Judge who is the Lord Chief Justice
- Kier Starmer QC who is the Director Public Prosecutions
- Ken Clark who is Tory Justice Minister
Above all, today's law lecture has taught me to recognise the risks as a journalist - to always know the law and the consequences of reporting something.
Matters of privacy law and the conflict of Article 8 - the right to a private life - and Article 10 - freedom of expression - have been debated both in and out of the media.
Today we spoke of the case of Chris Jeffries, who was wrongly accused of the murder of Joanna Yates. He was highly defamed in the media. The British newspapers broke the law by calling him a murderer - if he was put to trial his jury would have been prejudiced against him because of of the media coverage around the case.
The Jeffries case has highlighted how the ethics of journalists are being brought under question. Just look at the News of the World's dramatic decline after it was revealed they were hacking into the phones of celebrities and the families of murder victims, such as the family of Milly Dowler.
Today we also looked at the hierarchy of the English Court System.
Below is a diagram of the court's. In simple terms, if a case is appealed from Magistrate's Court it is heard in Crown Court, then High Court, the Court of Appeal and finally the Supreme Court.
People we should know as journalists:
- Lord Paul Judge who is the Lord Chief Justice
- Kier Starmer QC who is the Director Public Prosecutions
- Ken Clark who is Tory Justice Minister
Above all, today's law lecture has taught me to recognise the risks as a journalist - to always know the law and the consequences of reporting something.
Tuesday, August 9, 2011
Evacuation!
It has just been confirmed that offices along Commerce Way, Purley Way are being vacated on the advice of the police.
The offices are situated near the the PC World store which was attacked by rioters and looted last night.
The offices are situated near the the PC World store which was attacked by rioters and looted last night.
The morning after the night before.
I have just got home from Croydon town centre - instructed to leave by security guards because it simply is not safe. The Whitgift Centre, the main shopping centre, has been closed and the glass doors in the building are being reinforced with wooden panels.
Reinforcement and protection are also a common theme along Church Street, the road which joins the now well-known Reeves' Corner. Shopkeepers have closed early, after securing pieces of wood onto their shop fronts. People are desperate to protect their livelihood: the owner of a bridal shop said she would just be pleased to have a paying customer having stayed open until 6 p.m. yesterday evening, by which time most of the shops had been closed for several hours.
Reeves itself is now a shell. Despite the area around the smouldering building being completely cordoned off, crowds of people gather to see the damage for themselves, taking videos and photographs. I over-hear a man, head-in-hands, "I'm just hear to help clear out a friend's shop".
Rumours of further attacks are rife on social networking websites and local residents are preparing for another night of expected riots.
Reinforcement and protection are also a common theme along Church Street, the road which joins the now well-known Reeves' Corner. Shopkeepers have closed early, after securing pieces of wood onto their shop fronts. People are desperate to protect their livelihood: the owner of a bridal shop said she would just be pleased to have a paying customer having stayed open until 6 p.m. yesterday evening, by which time most of the shops had been closed for several hours.
Reeves itself is now a shell. Despite the area around the smouldering building being completely cordoned off, crowds of people gather to see the damage for themselves, taking videos and photographs. I over-hear a man, head-in-hands, "I'm just hear to help clear out a friend's shop".
Rumours of further attacks are rife on social networking websites and local residents are preparing for another night of expected riots.
Monday, August 8, 2011
Latest Reports
The latest report from Croydon is that the riot has spread to the shops on Purley Way. Rumours among local residents are that the multi-chain stores Currys and PC World are being looted.
Six police vans have been sighted travelling along Mitcham Road towards the lombard roundabout and the Purley Way area.
No reports have been confirmed.
Six police vans have been sighted travelling along Mitcham Road towards the lombard roundabout and the Purley Way area.
No reports have been confirmed.
London Riots hit Croydon
As I am writing the smoke from Croydon town centre billows overhead. The London riots, which began as a peaceful protest in Tottenham over the death of Mark Duggan, have spread to the town.
West Croydon has been the worst hit, particularly Broad Green where several buildings including a local music shop have been set alight.
The furniture store Reeves; a landmark in Croydon which stands on Reeve's Corner, has been the biggest structural casualty so far. The building is now engulfed in flames. From my own house, less than ten minutes away from the burning building, I can see plumes of thick black smoke. The sounds of helicopters and sirens are ever present.
Along Mitcham Road, one of the main roads out of the town centre, people are gathering outside of their homes to witness the scenes for themselves.
In the last three days riots have taken place across the city, were looting and arson attacks have been rife.
West Croydon has been the worst hit, particularly Broad Green where several buildings including a local music shop have been set alight.
The furniture store Reeves; a landmark in Croydon which stands on Reeve's Corner, has been the biggest structural casualty so far. The building is now engulfed in flames. From my own house, less than ten minutes away from the burning building, I can see plumes of thick black smoke. The sounds of helicopters and sirens are ever present.
Along Mitcham Road, one of the main roads out of the town centre, people are gathering outside of their homes to witness the scenes for themselves.
In the last three days riots have taken place across the city, were looting and arson attacks have been rife.
Subscribe to:
Posts (Atom)