Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Media Law > Laws > Flashcards

Laws Flashcards

1
Q

Section 52A of the Crime and Disorder Act 1998

A

Automatic reporting restriction in preliminary hearings at Crown/Magistrates court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Section 52A of the Crime and Disorder Act 1998 - What you can and cannot report

A

You cannot report:
- the reason for bail/bail being denied
- desrciption of defendant
- anything that may prejudice proceedings
- any evidence
- previous convictions

You can report:
- age, name, address, basic details, and alleged crime
- their plea
- photo/sketch of them outside the court
- the name of court and counsel, which court, general colour, basic protest of innocence, date and time, whether the court is adjourned

Punishment is an unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 49 of the Children and Young Persons Act 1933

A

Automatic reporting ban on identifying juveniles in youth court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Section 49 of the Children and Young Persons Act 1933 - other details

A

What you cannot report
- name
- address
- still or moving image
- place of work
- place of education

When it is lifted
- lapses at 18
- doesn’t apply to the dead
- to help trace/identify someone at large
- avoid injustice
- it is in the public interest to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Section 45 of the Youth Justice and Criminal Evidence Act 1999

A

A discretionary reporting restriction when a youth, witness, defendant, or victim appears in adult court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Section 45 of Youth Justice and Criminal Evidence Act - What you can and cannot report

A

When it cannot be used
- lapses at 18
- cannot be used to give adult anonymity

The court must give a valid reason

What you cannot report
- name
- address
- still or moving image
- place of work
- place of education

the penalty is unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Section 45a of the Youth Justice and Criminal Evidence Act

A

Discretionary lifetime reporting restriction banning ID of vulnerable victims or witnesses – can be imposed by any court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Section 45a of the Youth Justice and Criminal Evidence Act - extra detail

A

Can waiver it at 18 if it does not interfere with peace and comfort

Cannot report
- name
- address
- still or moving image
- place of work
- place of education

Cannot apply to dead people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 39 of the Children and Young Persons Act

A

Discretionary reporting restriction banning ID of under 18s in civil courts and inquests

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Section 39 of the Children and Young Person Act - extra detail

A

Cannot report
- name
- address
- place of education
- place of work
- still or moving image

Ends at 18

This does not apply to dead people

Punishment is an unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Sexual Offences (Amendment) Act 1992

A

Automatic lifelong ban on naming victims/alleged victims of sexual attacks and victims of human trafficking offences (section 1 relates to human trafficking/modern slavery)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Sexual Offences Act 2003

A

Sets out newer offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Schedule 1 of the Female Genital Mutilation Act

A

Automatic lifelong ban of the identification of victims of this offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Schedule 6a and of the Anti-Social Behaviour, Crime and Policing Act 2014

A

Automatic lifelong ban on the ID of of victims of forced marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Contempt of Court Act 1981

A

Strict liability rule for contempt by publication - Nothing should be published which could cause a substantial risk of prejudice or impediment to proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Defences for Contempt of Court listed under 1981 Act - S3

A

Media did not know and had no reason to suspect proceedings were active

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Defences for Contempt of Court listed under 1981 Act - S4

A

A fair, accurate report of proceedings, published contemporaneously and in good faith will not be considered contempt of court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Defences for Contempt of Court listed under 1981 Act - S5

A

This applies when a matter of public interest is discussed in the media at the same time as an ongoing trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

S4 Contempt of Court Act 1981

A

A temporary ban on reporting of a trial, matter, name etc.

20
Q

S11 Contempt of Court Act 1981

A

A permanent ban on the reporting of a name or particular matter in cases of national security or blackmail

21
Q

Juries Act 1974 Section 20D

A

Jurors must not disclose information about statements made, opinions expressed, arguments advanced or votes cast

22
Q

S8 Contempt of Court Act

A

Prosecution for publication of jury’s deliberations, views etc

23
Q

S9 Contempt of Court Act

A

It is illegal to record court proceedings unless permission is sought or to broadcast court proceedings

24
Q

Criminal Justice Act 1925

A

Ban on photography or sketching inside court and its precincts

25
Q

Article 6 ECHR

A

Everyone has the right to fair trial

26
Q

Article 10 ECHR

A

Right to freedom of expression

27
Q

Article 8 ECHR

A

Right to respect for private and family life

28
Q

Section 121 of Magistrates Court Act 1980

A

Magistrates must sit in public

29
Q

Children and Young Person’s Act 1933

A

Bone fide members of the press can attend youth courts

30
Q

S37 SYP Act 1933?

A

Public can be excluded when a juvenile witness is giving evidence in a case involving indecency or morality

31
Q

Section 25 of the Youth Justice and Criminal Evidence Act 1999

A

If special measures are put in place for a vulnerable or intimidated witness one journalist can remain in court

32
Q

Children act 1989

A

Used to make assessment, emergency protection or care orders for children in family courts

Nothing should be published which could identify a child under 18 in family proceedings

33
Q

Article 2 ECHR

A

The right to live

34
Q

Article 3 ECHR

A

Freedom from torture or degrading treatment

35
Q

Coroners and Justice Act 2009

A

Changed the way death certificates were signed after Shipman murders

36
Q

Contempt of Court Act 1981

A

Inquest ‘active’ as soon as it has been opened

37
Q

Coroners (inquest) Rules

A

Inquests should be held in public but can be in private in interests of national security, coroner may admit documentary evidence

38
Q

Coroners (inquest) Rules - Rule 22

A

No witness is obliged to answer any question which might incriminate them

39
Q

Defamation Act 1996

A

Reformed by Defamation Act 2013

40
Q

Section 1 of the Defamation Act 1996

A

Defence for media organisations publishing reader’s comments (including live broadcasts)

41
Q

Schedule to the Defamation Act

A

Lists in two parts (I & II) all the statements covered by Qualified Privilege

42
Q

Section 5 of the Reformed Defamation Act 2013

A

Protects website operators from defamatory statements in reader’s comments

43
Q

Section 4 of the Reformed Defamation Act 2013

A

Public interest defence

44
Q

Section 14 (2) of the Defamation Act 1996

A

Protects non-contemporaneous reports with
Absolute Privilege if reporting is delayed because of another trial

45
Q

Electronic Commerce Regulations 2002, (Regulation 19)

A

An EU directive which protects website operators if a post threatens violence, breaches Contempt laws or identifies a victim of sexual assault

46
Q

S10 Contempt of Court Act 1981 shield law

A

Only in three scenarios should journalists be ordered to reveal confidential sources of information

47
Q

Privacy Law

A

The tort of misuse of private information

Media Law (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions