Media Law Update.

*Hanna, M. & Dodd, M. “McNae’s Essential Law for Journalists” (2012) 

*For further information visit: www.mcnaes.com

Post to outline recent changes made to British Legal System and how it affects Journalistic practice as a whole. 

*“bloodhound as well as a watchdog.”

“Media Organisations” used to describe publishers of newspapers, magazines and broadcasters, etc. Now includes the likes of freelance journalists and bloggers and “tweeters.”

Journalists can lawfully “tweet”/text/email live from courtroom.

*Social media as online advancement of modern Journalism; applies to ‘live, text based communications’ only.

*Journalists no longer need to apply to court for permission to post from internet connected laptops or mobile devices within public proceedings.

*These rules do not apply to members of the public however.

*”An unobtrusive, hand held, silent piece of modern equipment for the purposes of simultaneous reporting of proceedings to the outside world as they unfold in court is generally unlikely to interfere with the proper administration of justice.” 

*To allow for an increasingly fast and accurate report. Journalists must still be aware of certain restrictions and the court can choose to revoke these privileges at any time.

Either Way Cases to “phase out” Committal Hearings.

*Committal Hearing = Pre-trial Hearing (Off Limits To Journalist).

*Aims to make justice system more efficient by reducing release of "vague" information to media before proper trial begins; reporting restrictions remain the same. 

*Refer to Schedule 3 of Criminal Justice Act 2003.

*If magistrates consider either way case “too serious,” it is classified as indictable and referred to Crown Court.

*See post for seven things that can be reported under Section 52A of Crime and Disorder Act 1998.

Teacher’s Identity Remains Anonymous Unless Accusation Proved.

*In November 2011, teachers became first group of people to be granted automatic anonymity if accused of criminal offence (UK); Reputation. 

*No anonymity if teacher is charged or if identification agreed by court to be matter of public interest. Teacher has right to give written consent if they wish to be identified. *Section 13 of Education Act 2002.

*Journalist could receive fine of up to £5,000 through summary conviction if identity published without consent.

Freedom of Information (FOI).

*Information Commissioner = Christopher Graham

*Three bodies added; Association of Chief Police Officers (ACPO), Universities and Colleges Admission Service (UCAS) and Financial Ombudsman Service.

*Only some press releases protected by privilege; "explanation and contradiction" *Government emails sent from private accounts, as well as text messages can now be accessed upon request.

*”clarification that information held in private email accounts can be subject to Freedom of Information law if it related to official business.” 

Editors’ Code of Practice & Ofcom.

*National Council for Training of Journalists (NCTJ) to include Ofcom code in law exams; enhance reputation and trust.

*Amendments made to public interest section of Editors’ Code of Practice on January 2012 shows that there must now be "good reason."

THREE KEY ELEMENTS REGARDING BREACH OF CONFIDENCE (298)

(1) Must have quality of confidence; information cannot be trivial.

(2) Consider whether there is a contractual obligation preventing the release of certain information.

(3) Has any damage/detriment been suffered? Key examples of this include "Wikileaks" and Naomi Campbell Case (Daily Mirror). 

LEVESON INQUIRY (19)

*Investigation into the ethics of the press announced by Prime Minister David Cameron with an aim to outline issues with (UK) media and how it is regulated/regulates itself.

*Closure of the "News of the World” in 2011 following inquiry lead by Lord Justice Leveson. Interesting to know that Journalists themselves were accountable for revealing the extent of the phone hacking scandal.

*Replacement of Press Complaint Commission (PCC) for Independent Press Standards Organisation (IPSO); “a new more effective policy and regulatory regime which supports the integrity and freedom of the press…”