The UK Media Law Pocketbook

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Introduction
Chapter 1: Media Contempt and Reporting Crime
1.1 Balancing Freedom of Expression With the Individual’s Right to a Fair Trial
1.2 Explaining Media Contempt
1.3 Reporting Restrictions and the Quasi-Contempt in Breaching Them
1.3.1 Anonymity for Children in Crime Cases
1.3.2 Lifetime Anonymity Orders for Adult and Child Witnesses in Court Cases
1.3.3 Anonymity for Children in Civil and Youth Courts
1.3.4 Anonymity for Sexual Offence Complainants
1.3.5 Anonymity for Teachers Accused of Crimes Against Children They Teach Unless Charged
1.3.6 Anonymity for Victims of Female Genital Mutilation
1.3.7 Anonymity for Victims of Forced Marriages
1.3.8 Anonymity for Victims of Modern Slavery and People Trafficking
1.3.9 Pre-Trial Hearing Reporting Restrictions
1.3.10 Preparatory Hearing Reporting Restrictions
1.3.11 Dismissal Hearing Reporting Restrictions
1.3.12 Prosecution Appeal Reporting Restrictions
1.3.13 Special Measures Reporting Restrictions
1.3.14 Reporting Restrictions Protecting Secret Witnesses and Information
1.3.15 ‘Indecent Details Calculated to Injure Public Morals’ Reporting Restriction
1.3.16 Derogatory Mitigation Reporting Restrictions
1.3.17 Postponing Publication of Trials Reporting Restrictions
1.3.18 Photography, Filming, and Sound Recording of Court Hearing Restrictions
1.3.19 In-Camera or In-Chambers Secret Hearing Excluding Media and Public
1.4 Anonymity for Crime Suspects Before Being Charged and the Need to Show Respect for Reasonable Expectation of Privacy
1.5 Importance of Keeping Written Records of Decision-Making- Mentioning Public Interest and Considering Reasonable Expectation of Privacy
1.6 Reporting Court Cases: Ten Simple Ground Rules
1.7 The Public Interest Defence and Merely Incidental to Court Proceedings Defence in Media Contempt Law
1.8 Trial Online by Google, Twitter, and Facebook, among Others – Controlling Social Media Prejudice
1.9 Successful Prosecution of National Newspapers Which Vilified an Innocent Suspect in Murder Enquiry
1.10 Successful Prosecution of Newspapers Which Published Prejudicial Online Images of a Defendant
1.11 Successful Prosecutions for Comment Articles Prejudicing Current and High-Profile Criminal Trials
1.12 Prosecution of Two National Newspapers for Publishing Background in Trial of Serial Killer Who Murdered Milly Dowler When Jurors Were Still Deciding on a Lesser Charge for an Another Victim
1.13 Criminal Law Relating to Misconduct of Jurors and Journalists Who Solicit Information About Their Confidential Deliberations
1.14 Attorney General Versus Five National Newspapers Over Prejudicial Reporting of the Case of Michael Fagan Who Walked Into the Queen’s Bedroom
1.15 Use of Twitter and Laptop Wi-Fi/Email in Court Reporting
1.16 Broadcasting and Online Coverage of the Courts
1.17 Key Restrictions Applying to Newsworthy First Court Appearances at Magistrates' Courts
1.18 Breaching Reporting Restrictions, Court Injunctions, and Directions
1.18.1 Importance of Protecting Sexual Offence Complainants and Avoiding Jigsaw Identification
1.18.2 Liabilities, Penalties, and Punishment
1.18.3 Cross-Jurisdictional Issues
1.19 Defences and Challenges
1.20 Contacting Members of the UK Judiciary for Comment and Interview
1.21 Payments to Witnesses, Criminals, Reporting Crime, and ‘Cheque-Book Journalism’
1.22 Ethical Obligations in Relation to War, Terror, Emergencies, Kidnapping, and Hostage-Taking News Stories
1.23 Protection Against Threats, Violence, and Intimidation
1.24 Updates, BBC Regulations, and Editorial Guidelines
Chapter 2: Guide to Court Reporting: Key Facts and Checklist
2.1 Attribution; Facts, Not Comment; and More
2.2 Respectfully Dressed and Respectfully Behaved
2.3 Information Preparation: Check Your Technology and Reconnaissance
2.4 Availability of Agreed Prosecution Opening, Skeleton Arguments, and the Like
2.5 Reporting Restrictions – Children, Sex Offence Complainants
2.6 Names of Protagonists, Their Titles, and Proper Terminology and More
2.7 Understanding the Trial/Case Structure and Narrative
2.8 Cameras, Recording, and Tweeting
2.9 Accuracy Paramount
2.10 Fairness Paramount
2.11 Use Notes/Scripts for Live Broadcasts
2.12 In the Absence of the Jury Usually Report Nothing
2.13 Interviews – Judges and Jurors, No; Others, Be Careful Where and How
2.14 Qualified Privilege at Press Conferences – Useful
2.15 Keep Your Notes and Case Papers
2.16 Dealing with Stress-Related Issues When Covering Disturbing and Shocking Court Cases
2.17 Access to the Courts for Student Journalists
2.18 More Information on Court Reporting Resources, Stop Press and Updates
Chapter 3: Libel, Privacy, Accuracy and Balance
3.1 Libel and Privacy – the Chilling Effect
3.2 Libel – Defamation Law in Definition and Explanation
3.3 Defences to Libel
3.3.1 Truth
3.3.2 Absolute Privilege/High Qualified Privilege
3.3.3 Lower Qualified Privilege
3.3.4 Honest Opinion
3.3.5 Public Interest
3.3.6 Neutral Reportage
3.3.7 Innocent Dissemination
3.3.8 Peer-Reviewed Statement in Scientific or Academic Journal and at Conference
3.3.9 Website Operator Defence
3.4 Privacy – Introduction to the Legal Concept
3.5 Development of UK Media Privacy Law
3.6 Privacy by Media Regulation (Secondary Media Law)
3.7 Recognizing the Boundaries in Privacy
3.8 Inaccurate Publication – Neither Libellous nor Breach of Privacy, Broadcasting Impartiality, and ‘Undue Prominence of Views and Opinions’
3.9 Unfair Publication and/or Causing Harm and Offence
3.10 Arbitration and Additional Useful Online Resources
3.11 Update and Stop Press
Chapter 4: News Gathering, Story Finding, and Public Interest
4.1 Definitions of the Public Interest
4.2 Potential Criminal Offences Affecting News Gathering and Story Finding
4.3 Protecting Sources
4.4 Secondary Media Law and Regulation
4.5 Updates and Stop Press
Chapter 5: Protecting Children
5.1 Children in the Criminal Justice System
5.2 Ofcom and UK Broadcasting ‘Protecting the Under-18s’
5.3 High Priority for Care of Children in Privacy Case Law
5.4 Independent Press Regulation – High Protection of Children
5.5 Children and Pictures
5.6 Children and Family Courts
5.7 Updates and Stop Press
Chapter 6: Copyright and Intellectual Property
6.1 Explaining UK Copyright and Fair Dealing
6.2 Fair Dealing Defence in Detail and Understanding Its Exclusion from Photographs
6.3 Copyright Duration and Multiple Copyright Interests in Media Productions
6.4 Social Media and New Digital Platforms
6.5 Artwork, Public Sculpture, Exhibitions, and Incidental
6.6 Updates and Stop Press
Chapter 7: Laws and Rules for Elections and Politics
7.1 Coverage of the Campaign
7.2 Impartiality Rules for Broadcasters
7.3 Coverage of Polling Day, Counting, and Result
7.4 Updates and Stop Press
Chapter 8: The Secret World
8.1 Official Secrets Act Risks
8.2 How the British State Fights Tooth and Nail to Keep Embarrassing Intelligence Matters Secret and Legal Proceedings Relating to Suspect Terrorists Are Smothered in Restrictions
8.3 Defence and Security Media Advisory Committee
8.4 Updates and Stop Press
Chapter 9: Scottish and Northern Irish Differences and Issues
9.1 Key Scottish Differences
9.2 Key Northern Ireland Differences
9.3 Updates and Stop Press
Chapter 10: Freedom of Information
10.1 Using FOIA Powers to Obtain Information from Public Authorities
10.2 Understanding and Negotiating the 23 Exemptions in the FOIA
10.2.1 Guidance to Section 21: Information Reasonably Accessible to the Applicant by Other Means
10.2.2 Guidance on Sections 22 and 22A: Information Intended for Future Publication and Research Information
10.2.3 Guidance to Section 23 – Security Bodies
10.2.4 Guidance to Section 24 – Safeguarding National Security
10.2.5 Guidance to Section 26 – Defence
10.2.6 Guidance to Section 27 International Relations
10.2.7 Guidance to Section 28 – Relations Within the UK
10.2.8 Guidance to Section 29 – The Economy
10.2.9 Guidance to Section 30 – Investigations and Proceedings
10.2.10 Guidance to Section 31 – Law Enforcement
10.2.11 Guidance to Section 32 – Court, Inquiry or Arbitration Records
10.2.12 Guidance to Section 33 – Public Audit
10.2.13 Guidance to Section 34 – Parliamentary Privilege
10.2.14 Guidance to Section 35 – Government Policy
10.2.15 Guidance to Section 36 – Effective Conduct of Public Affairs
10.2.16 Guidance to Section 37 – On Communications with Her Majesty and the Awarding of Honours
10.2.17 Guidance to Section 38 – Health and Safety
10.2.18 Guidance to Section 39 – Environmental Information
10.2.19 Guidance to Section 40 – Personal Information
10.2.20 Guidance to Section 41 – Information Provided in Confidence
10.2.21 Guidance to Section 42 – Legal Professional Privilege
10.2.22 Guidance to Section 43 – Commercial Interests
10.2.23 Guidance to Section 44 – Prohibitions on Disclosure
10.2.24 Guidance to Section 45 – Code of Practice, Request Handling
10.3 Some Key UK FOI Test Cases and Freedom of Information Law from Strasbourg
10.4 Scottish Freedom of Information Law
10.5 EIR and Updates and Stop Press
Chapter 11: Social Media Law
11.1 The Corporate Private Law Context in Social Media Law
11.2 The Norwich Pharmacal Rule on Identifying Anonymous Social Media Authors
11.3 Libel and Privacy Risks in Social Media Law
11.4 Contempt of Court Risks in Social Media Law
11.5 Hate Speech and Other Criminal Offences in Social Media Law
11.6 Online Safety Legislation and the Journalist Exemption
11.7 Social Media Law at Strasbourg
11.8 Updates and Stop Press in Social Media Law
Chapter 12: Further Online Chapters
Index