Law Summary.

In brief; key points will be built upon over the next couple days.

Introduction.

FREEDOM OF EXPRESSION (EU, ARTICLE 10)
Update: Leveson Inquiry.
Chairman of Inquiry: Lord Justice Leveson.

*Two-part inquiry launched on 13 July 2011 investigating role of press and police following phone hacking scandal at 'News of the World'

*"Who guards the guardians?" Aim to examine the ethics of the press.

*First part of inquiry published 29 November 2012.

CIVIL LAW: Disputes between individuals.

CRIMINAL LAW: Against the community. 

STANDARDS OF PROOF: 

*"the balance of probability" (CIVIL)

*"beyond reasonable doubt" (CRIMINAL)

THREE SOURCES OF LAW:

*Common Law

*Statute Law (Parliament)

*EU (Human Rights)

RULE AGAINST PRIOR RESTRAINT

*Remedy to follow publication rather than proceed it.

Update: Injunction to undermine above (to perform/restrain against act)

PUBLIC INTEREST as common defence for Journalists.

*Regarding information that is valuable to society as a whole.

Court Reporting & Crime.

BOTH CRIMINAL OFFENCES:

Prejudice: Publish facts that could have potential to pre-judge trial.

Contempt: Defendant could be held in contempt if prejudice occurs. 

NAMES TO REMEMBER:

Secretary of State Justice: Chris Grayling

Attorney General: Dominic Grieve

Director Public Prosecution (DPP): Allison Saunders

CASE BECOMES 'LEGALLY ACTIVE' WHEN: 

*An arrest has been made.

*An arrest warrant has been issued. 

*Summons has been issued by magistrates. 

*Person has been charged.

SEVEN THINGS THAT CAN BE REPORTED (PRE-TRIAL): 

*Name, Age, Address, Occupation.

*Charges Faced/Close Summary.

*Name of Court/Magistrates.

*Name of Solicitors/Barristers.

*Date & Place Where Case Adjourned.

*Arrangements to Bail.

*If Legal Aid Granted.

THREE CATEGORIES OF CRIMINAL OFFENCE:

*Indictable Only: Most serious offences held at Crown Court (can carry up to 5 year prison sentence)

*Either Way: Magistrates or Crown Court (Indictable/Non-Indictable)

*Summary Offences.

MAGISTRATES COURT
*Sentencing, Summary, Bail, CIVIL.

CROWN COURT

SEVEN STAGES OF CRIMINAL COURT: 

*Prosecution Opening.

*Prosecution Witness.

*Defence Opening.

*Defence Witness.

*Judge Summary.

*Verdict.

*Sentencing.

For ABSOLUTE PRIVILEGE to apply publication must be fast, accurate and fair. Update: Journalists can text/tweet/email live from courtroom.

MINORS/JUVENILE:

*Section 39: Juvenile in adult proceedings.

*Section 49: Anonymity for defendants and witnesses.

Defamation & Libel.

REMEMBER:

Defamation + Identification + Publication = Libel

Update: Defamation Act 2013 states that defendant must show that "serious harm" has been caused as a result. 

A STATEMENT IS ONLY 'DEFAMATORY' IF:
*Tends to lower estimation in minds of right thinking people.
*Has potential to damage a persons reputation. 
*Causes them to become shunned and avoided. 
*Exposes them to hatred, contempt and ridicule.

FOUR DEFENCES: 
*Truth/Justification
*Honest Opinion
*Public Interest
*Qualified/Absolute Privilege

PICTURE LIBEL: 

*Picture published alongside statement where it could appear people identified somewhat responsible for action.

JIGSAW IDENTIFICATION:

*When information provided through various publications could potentially lead to positive identification. 

Freedom of Information (FOI)

BACKGROUND: 
*Labour Party objective under command of Tony Blair.

*Invites legal right for anyone wanting to send/receive information via public body (unless valid reason)

*Usually takes around 20 days to respond (40 for public interest)
*Public body has right to refuse if likely to cost £600 + (£450 smaller)

FOUR FUNCTIONS:
*Transparency (promote "open" government)
*Participation in public debate.
*Understanding of decisions made by authority. 
*Public health and safety. 

TWO EXEMPTIONS (THINK PRIVILEGE):

*Absolute: No duty to confirm/deny request (security, court etc) 

*Qualified: Confidentiality issues. Public interest defence overrules.

Update: More limits added including aim to reduce amount of requests sent (prevent becoming too "burdensome") 

*Lower the cost = more requests refused.

Copyright & 'Fair Dealing'

DEFINITION:
*Copyright Law protects a persons intellectual property.
*Prevent the use of someone else's work without permission. 

'FAIR DEALING' DEFENCE (APPLIED TO CURRENT EVENTS):
*Can lift quotes from publication/broadcast (if public interest)
*Must be attributed/not passed off as own work.
*Criticism and Review, Comment and Analysis.


Privacy, Confidentiality & Data Protection.

THREE AREAS OF CONCERN (CONFIDENTIALITY): 
*Reveal "official"/state secrets.
*Reveal commercial/business secrets.
*Facts about someone they wish to remain private.

OFFICIAL SECRETS ACT:
*Offers the protection of state secrets. 

COMMERCIAL CONFIDENTIALITY: 
*Usually protected by employment contract.
*Public interest can be used as defence.

PRIVACY protected under EU Convention of Human Rights (Article 8)

*If confidential material considered "newsworthy" Journalist could choose to risk injunction by seeking response or publish the material and risk legal action.

Qualified Privilege

DEFINITION:
*Privilege offers Journalists day to day protection for routine activities.
*Offers ability to write/broadcast potentially defamatory material.

TWO TYPES OF PRIVILEGE: 

ABSOLUTE: Covers court in particular (must be fast, accurate, fair)

Update: Under Defamation Act 2013 privilege extended to courts anywhere in the world. 

QUALIFIED: Must be matter of public interest. Includes public meetings, council hearings & press conferences.

*Defined by 'statute law' under Defamation Act 1996. 

"EXPLANATION & CONTRADICTION"

*Letter published by person defamed in previous article/publication.

WITH:

*Public meetings (UK)

*Tribunals, commissions, inquiry, etc.

WITHOUT:

*Public proceeding in court (international)

*Public inquiry (international)

*Document legally required to be public.

*Advert published on legal authority, etc.

Press Regulation

DEFINITION:

*Ethical standards Journalists are required to meet when doing their job.

THREE REGULATORY BODIES:
*Press Complaints Commission (PCC)
*Ofcom (BBC)
*National Union of Journalists (NUJ)

BROADCAST vs. PRINT JOURNALISM
*Broadcast regulation relates to Ofcom & BBC.

CODES OF CONDUCT TO PROMOTE:
*Ethical behaviour.
*Fair treatment/respect privacy.
*Accuracy & impartiality.
*Protection of children & young people.

PRESS COMPLAINTS COMMISSION (PCC) 
*Complaints made by public about publication.
*Aim to deal with complaints in 35 days. 
Update: PCC to IPSO (Independent Press Standards Organisation)

OFCOM (STATUTORY)
*A large proportion of this code applies to the BBC.
*Privacy (Section 8) is important in relation to secret recordings.

FOUR FUNCTIONS:
*Not to repeat programme.
*To broadcast correction and/or statement.
*Impose financial penalty.
*Revoke a licence.


Reporting Elections

REPORTERS MUST: 
*Give equal screening time to each major party. 

*Check all the facts; not all polls are accurate, therefore Journalists should refer to the "margin of error" when reporting.

DANGER AREAS:
*False statements about candidates.
*Accuracy & Impartiality.
*Opinion Polls & Exit Polls (not to be referred to until officially closed)