Media Law - Past Paper Questions

Question 1

a) Answer questions i) and ii) below. Briefly explain what the following legal terms mean:

i) Statute
ii) Case law

b) Injunction

Answer 1

(a) i) Act of Parliament (gist acceptable) (2 marks)
ii) decisions of/rulings by previous judges/higher courts used as precedents/to interpret statute. (gist acceptable) (2 marks)

(b) i) A court order forbidding something being done/published/ordering it to be done (2 marks)

Question 2

Answer questions i) and ii) below.

i) What in law is an injunction?
ii) By mention of brief detail, give an example of a real case in which an injunction affected media organisations

Answer 2

i) A court order forbidding something being done/published/ordering it to be done (2 marks)
ii) any example in which a real case is discernible by some name or other detail, e.g. anonymity for killers of Jamie Bulger/for Maxine Carr/ban on identifying Ryan Giggs/an unnamed celebrity who has allegedly been adulterous/use in Spycatcher case (2 marks)

Question 3

For a claimant to pursue a defamation claim, how soon in law must that legal action begin after the publication of the material being complained about?

Answer 3

12 Months

Question 4

You are a reporter working for a news website serving a city. You have covered a series of robberies at betting shops, which took place over several months. In each robbery a man produced a gun and demanded money from staff.
The police press office issues a press release which says that two months ago John Williams, aged 52, was arrested for questioning about these robberies. It adds: “Mr Williams was released the following day on police bail, and before that lapsed after 28 days, he was officially notified that he will remain ‘under investigation’ for these robberies while detectives continue to make inquiries. Yesterday he failed to turn up as required at a police station for further questioning. If anyone sees him or knows where he is, please contact the police immediately. But members of the public should not approach Mr Williams, because he has a history of violence and may be armed.”
The police press office issues a photo of Williams for publication with the information in the press release, which includes a police contact number for the public.
(a) The Contempt of Court Act 1981 has a strict liability rule about when publication of material can be ruled to be contempt of court. As regards this rule, what does the wording of the Act make clear should not be published about a case when, for example, a person is ‘under investigation’?

(b) In the scenario on the left, some of the material supplied by the police press office for publication could, if published, create the risk you referred to for (a). State which material this is, and why publishing it might interfere with the process of justice in this case.

(c) Bearing in mind what you have stated for (b), can the news website in the scenario on the left publish this material without fear of being punished for breach of the Act? Explain, including by saying if any defence in the Act applies.

Answer 4

(a) Material which creates
substantial risk of serious prejudice or impediment (5 marks)

(b) Publishing the photo would/could create such risk of prejudice by influencing an identification parade/visual identification evidence (2 marks)
[would make witness more likely to pick out Williams]
Publishing that he has “history of violence” (2 marks)
is possibly armed (2 marks)
could create prejudice as regards future jurors forming a poor view of Harrison’s character beyond the evidence presented in the trial (gist OK) (2 marks)
could create impediment by stopping people coming forward as a defence/prosecution witness (2 marks)

(c) No defence in Act (2 marks)
Attorney General [in Parliament] [in 1981] said media would not be prosecuted for helping police trace a wanted person (2 marks)
if the report is in
in reasoned terms (3 marks)

Other valid points, e.g. (3 marks)
In (a) case became active with arrest/’under investigation’ means it remains active — 1 mark only
[or] in (b) apt reference to Christopher Jefferies case as regards impediment/any other apt reference to a real case as regards prejudice or impediment
[or] in (b) ‘history of violence’ suggests he has a criminal record
[or] in (c) there is no known case of a prosecution for contempt for material published to help the police

Question 5

Lydgate District Council issues a press release which says that the council has suspended the licence held by Brooke Street Wines, of Brooke Street, Lydgate, to sell alcohol.
The press release says that the suspension was implemented because “detailed evidence was received that the owner of this shop was selling bottles of vodka to under-18s”. A licensing review panel hearing is due to take place next month, “to hear representations from the owner about whether the licence should be restored”, the press release says.
You report for a radio station covering Lydgate. You ring Brooke Street Wines about the council’s press release. The shop’s owner Arnold James tells you in that call: “Do not quote me on anything I say now. I will explain to the panel hearing next month what happened, so you must report then what I say. If you publish anything now about the press release’s untrue suggestion that my shop has been selling alcohol to underage drinkers, I’ll sue your radio station for defamation damages. Don’t ring me again.” He then ends the call.
Is it safe to broadcast now - on the same day on which you rang the shop - what the council’s press release says? Explain, including by naming the most relevant defence in defamation law and by referring to all its requirements.
(25 Marks)

Answer 5

Qualified privilege (2 marks)
means
the media can safely report a local authority/council press release (1 mark)

if the report is a
fair (2 marks)
and
accurate (2 marks)
reflection of what the press release says

and if the matter is in the public interest (1 mark)

as is the case here, because of the issue of underage drinking (2 marks)

and if the report is published without malice (1 mark)

If there is a request from anyone defamed by the release, the publisher must [to meet a further requirement] agree to publish (2 marks)

a reasonable letter/statement (2 marks)

of explanation/contradiction (1 mark)

The privilege will apply to a report published now. (2 marks)

A report covering what James says to the panel next month should be published, to retain privilege for the report published now (4 marks)

Other valid points e.g. (3 marks)
Qualified privilege is set out in the Schedule of the Defamation Act
[or] It was ethical to seek comment from James but the privilege would have applied even if this had not been done
[or] the fact that James has not offered comment now does not mean that the report of the press release cannot be published now
[or] the report of the panel hearing will be protected by qualified privilege if it is heard in public, and all the other requirements of the defence are met.

Question 6

A bus carrying supporters of a local football team to an away fixture crashes on the motorway in dense fog. When a newspaper reporter contacts the press office of the relevant police force, the press officer, reading from a statement which has just been prepared, merely confirms that “several people” on the coach were injured in the crash, some of them critically, but that it is too soon to provide more details.
Media organisations begin publishing reports based on this statement. Soon afterwards, the newspaper reporter sees a social media post from a woman’s account, saying: “My friend Arjun Patel was on his way to the match on that coach because he wanted to be there to celebrate his 30th birthday, but now he isn’t answering his phone. I am very worried.”
The reporter’s news editor tells him to quote all this post immediately in the newspaper’s live online blog covering news of the crash.
Should the reporter do what the news editor wants? Your explanation should refer to and set out the most relevant content of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to.
(15 Marks)

Answer 6

No, the reporter should not do what the news editor wants (2 marks)

The following marks available for either: (4 marks)
[Clause 4 of] the Editors’ Code, bans intrusion into grief/shock
[e.g. publication must be handled sensitively] This means [as Ipso has made clear] that the press should take care not to break news of the death/serious injury/involvement in such an accident before the next of kin/family have been told

Or

Ofcom Broadcasting Code [section 8] says that care should be taken not to reveal the identity of a dead person/person who is accident victim before the next of kin/family have been told [unless warranted]

For either code (4 marks)
The reporter needs official/police confirmation that the family has been informed before any name is published of any person who is/may be injured/dead

The named man might not be a victim of the crash (1 mark)

Using the post without confirmation could breach Editors’ Code [clause 1]/Ofcom code [clause 5] requirements of accuracy (2 marks)

Other valid points e.g. (2 marks)
Apt reference to a relevant adjudication e.g. Lincolnshire Police v Lincolnshire Echo/to Manchester Arena/Derby Telegraph Ipso case/or to Kerslake report
[or] any detail of wording from relevant code of accuracy requirement

Question 7

You work for a media organisation covering a city. You receive emails in your newsroom from people complaining that teenagers are breaking coronavirus law by gathering in large groups in Big Oak park after school. One says: “Some of these children only look 14 or 15 but they all should know better. They might make each other ill, and some of them might have vulnerable family members and pass the virus on to them.”
By going to the park, you establish that it is correct that such large groups of schoolchildren are gathering there in breach of coronavirus law on how many people from different households can meet outdoors, and are not social distancing.
Your editor asks you to return to the park and shoot footage of the groups there so these images can be published in a report questioning what the police, schools and parents are doing to stop such breach of the law.
Should you shoot such footage, and should any of it be published? Your answer should refer to the most relevant parts of either the Editors’ Code of Practice or the Ofcom Broadcasting Code, including as regards children and privacy. Make clear which code you refer to.

Answer 7

Under code [Clause 6 of Editor’s Code/Section 8 of Ofcom code] parental permission is needed to photograph/film (2 marks)
children (1 mark)
aged under 16 (1 mark)

on a matter concerning their welfare/privacy (3 marks)

Risk of infection/breaking of law would be such a matter (2 marks)

There is a public interest in exposing impropriety/health and safety (3 marks)
[so could use hidden camera]*
Breaking social distancing rules would be a matter of public interest (2 marks)

But in the published footage faces should be pixelated to prevent identification (2 marks)

and children should not be identifiable by any other means in a report (2 marks)

As regards Editors’ Code [clause 2]/Ofcom Code [section 8] the park is a public place, and so the code does not prevent the shooting of footage/publication of footage (2 marks)

as there is no reasonable/legitimate expectation of privacy (2 marks)*

Other valid points e.g. (3 marks)
Public interest factor must be exceptional to override need for parental permission, and it is not exceptional enough to permit identification of the children in this scenario
[or] apt reference to Hamilton Advertiser case in which PCC/regulator said publication of footage shot in school should not have identified the children
[or] if any child was doing anything/was in a situation in the park which was inherently private, there would be such an expectation
[or] emails/first visit to the park means there was prime facie evidence to justify such filming of those under 16/hidden camera in the public interest
[or] shooting of footage justified to help uphold the report against any complaint made under the code about inaccuracy
[or] editor needs to make a record of why such filming was authorised so there is an audit trial for the regulator as regards public interest justification

Question 8

The chief executive of a local hospital has been awarded an OBE in the Honours list. She cannot be contacted because she is abroad at a conference.
A reporter for a health magazine rings the chief executive’s husband, asking if it can use, in the report of the OBE award, a copy of a photo of her which is on the hospital’s website, and he says: “No, no, that’s a dreadful picture. There’s a much better one of her taken at my uncle’s 80th birthday party. There was a professional photographer there and he got a great shot of the whole family. My uncle emailed it to me. I’ll send it over and you can just use the bit with my wife in it.”
The husband then emails to you a copy of that photo.
If your news organisation publishes this image of the chief executive in a report of her OBE award, will anyone be able to sue it because of law in the main statute containing copyright law? Include in your explanation the statute’s name and the name of the defence in it which specifically covers some copying for reporting news. Explain too if that defence can protect such publication of this image of the chief executive.
(20 Marks)

Answer 8

Copyright, Designs and Patents Act [1988] (3 marks)

Copyright owner of the photograph could successfully sue (2 marks)

Whoever took the photograph will/is likely to own the copyright (2 marks)

The fair dealing defence (2 marks)

for the purpose of reporting current events (2 marks)
(only award 1 of these 2 marks if ‘current events’ term is not present)

does not cover copying of photos (2 marks)

The commissioner [who is presumably the uncle] could successfully sue (2 marks)
because has

moral right (1 mark)
because the photo was commissioned for

private and domestic (2 marks)
purpose/occasion

Other valid points e.g. (2 marks)
Payment of a fee to the photographer may resolve a dispute as regards copyright.
[or] if the photographer works for an agency, the employer might own the copyright/possible that copyright was assigned to commissioner
[or] would be best to get permission to use photo of her from hospital website/from uncle to use party photo image

Question 9

You are interviewing the all-female band Credible ahead of their forthcoming gig in your city.
When you ask about the challenges of succeeding in the male-dominated industry, the lead singer, who is 35, tells you: “The first time I was alone in a room with a record company executive he began to grope me, saying sexual things. I protested and had to fight him off literally. I never reported it, because I was traumatised and stunned, and was afraid we would be blacklisted. But we did not sign for that company, and I wish I had reported him, because that kind of behaviour will not stop until the problem is confronted.” You ask her if she minds if you include in the article what she has just told you about the executive, and she says: “No, I think it’s important that somebody speaks out.”
Can you publish what the singer has told you about this matter? Name the most relevant statute and set out what it says about publication of detail in these circumstances. NB: For this answer, do not cover defamation law.

Answer 9

The singer has been the victim/allegedly been the victim of a sexual offence/sexual assault (2 marks)

So in law she has/should have

lifetime (2 marks)

anonymity (2 marks)

under Sexual Offences (Amendment) Act [1992] (3 marks)

Nothing/no detail should be published which identifies her as being a victim/alleged victim of a sexual offence (1 mark)

The Act says this includes [in particular if likely to identify] (4 marks)
address
educational establishment
workplace
[still or moving] image
(no mark for ‘name’)

To waive her anonymity she must provide

written consent (2 marks)

and it is only if valid no-one interfered [unreasonably] with her
peace and comfort (2 marks)
to gain it
If the candidate does not specify that the consent must be written do not award more than 9 marks for the answer if more than 9 otherwise gained

Other valid points e.g. (2 marks)
To breach the singer’s anonymity in law would also breach the Editor’s Code of Practice/Ofcom Broadcasting Code
[or] best practice is for her written consent to make clear there was no interference with her peace and comfort/no pressure to gain it
[or] written consent is only valid if the person giving it is aged 16 or older

Question 10

Local businessman turned politician Robert Miller has won the election for Police and Crime Commissioner for Knightshire. Your newspaper has published an online report of the election result.
Underneath this report, a reader’s comment has appeared which says: “I’m glad to see Robert Miller has gone clean - when I knew him he was a quite a lad, but he could always get me good cocaine for a night out in a club! Poacher turned gamekeeper!”
Mr Miller contacts the newspaper threatening to sue it for defamation because this reader’s comment has appeared under the report.
(a) Explain why the comment is defamatory, including by giving a legal definition of a defamatory statement.

(b) Will Mr Miller be able to sue the newspaper successfully because this comment appeared under its online report? Explain, by stating what defence in the Defamation Act 1996 is most relevant as regards reader’s comments, by referring to all the defence’s requirements, and by stating if they can be met as regards the scenario on the left.

(20 marks)

Answer 10

The comment is defamatory because it asserts that he
possessed/used/dealt in/supplied cocaine which is a criminal offence (2 marks)
Apt application of a correct definition of a defamatory statement, such as
Such an allegation would/is likely to cause serious harm to his reputation/cause him to be shunned and avoided/lower him in the estimation of right-thinking members of society (2 marks)

(b) The defence in the Act’s
section 1 (2 marks)
would stop him suing successfully if its requirements are met. These are that defendant was not
editor or author or publisher (3 marks)
and that
if reasonable care was taken (2 marks)
as regards what was published
and the person/organisation did not know they had contributed to publication of defamatory material [and had no reason to know] (2 marks)
Newspaper could be sued successfully if staff moderated/saw the comment before its publication (2 marks)
To ensure the defence applies, the comment should be taken down immediately/quickly after the complaint (3 marks)

Other valid points e.g. (2 marks)
If the comment was moderated before publication the newspaper would/could be ruled to be the editor/publisher of the comment
[or] failure to ‘take down’ the comment after the complaint would mean there was not reasonable care
[or] similar protection exists/existed in Regulation 19 of European directive/Electronic Commerce Regulations
[or] Section 5 of the Defamation Act provides a defence for web operators even if the material was ‘moderated’, provided the correct procedure is followed
[or] apt reference to a real case such as Godfrey v Demon Internet or Karim v Newsquest Media Group
[or] if the newspaper is forced to rely on the truth defence, it would have to prove the allegation as true, which could be hard/impossible
[or] allegation is particularly defamatory bearing in mind the Commissioner’s role to uphold the law (gist OK)

Question 11

A city listings website regularly publishes reviews by a music critic. The latest review she submits covers a gig by singer James France, and includes the following text:
France, I fear, is losing his touch. He showed only slightly more charisma than his microphone stand. His old hits lacked punch, and his newer songs were distinctly unmemorable. Some of the audience held up phones, apparently to record the moment, but it wouldn’t surprise me if they were sneakily checking the bus timetables to get themselves home. Sorry, James, I for one won’t be hurrying to see you next time you’re in town.
The website’s editor publishes the review and the next day rings the critic to express surprise about its contents, given France’s continuing popularity. The critic tells the editor: “Last week I rang France to ask him for an interview when he was in town, and he agreed to a time six hours before the gig. But he never turned up to meet me and did not reply to my texts asking if the interview was still on. The gig was actually OK. I felt he performed really well, and most of the audience enjoyed it. But a few people expressed disappointment, and I think he should treat journalists with more respect, and so this review might teach him that.”
If France decides to sue the website for defamation because of the review text shown on the left, will he win that case? Your answer should name the defence in defamation law which is most relevant to reviews, set out its requirements and explain whether each requirement is met in the scenario on the left.

Answer 11

Honest opinion (2 marks)
Must be recognisable as opinion/comment (2 marks)
which it is, because of the reviewer’s use of the first person/adjectives/descriptive terms (2 marks)
[lay-out/labelling will make/probably makes clear it is a review/opinion]
and must be based on a provably true [or privileged] fact (1 mark)
in this case it is, as the reviewer watched the performance/France performed (1 mark)
The fact must be alluded to/stated/basis of opinion must be indicated (1 mark)
which it is here, by reference to the performance (1 mark)
It must be the honestly-held opinion of the author (2 marks)
which in this case it is not (3 marks)
Thus, if France sued, he would win (2 marks)

Other valid points, e.g. (3 marks)
The defence protects strongly-expressed opinion
[or] defence will no longer apply as regards the website because the editor now knows this was not the critic’s opinion
[or] readers will not regard obvious hyperbole in description as fact/will recognise it as humour/satire
[or] defence is in the Defamation Act —1 mark only

Question 12

You are working for a media organisation covering the town of Freshney. A lecturer at Rusbridge University, in the neighbouring town of Rusbridge, emails you with a tip-off that its satellite campus in Freshney is to be closed to save money. The Freshney campus has 1,000 students and a famous art department. The lecturer says that the university’s plan is that most of the 150 staff employed on that campus will lose their jobs and its historic building will be sold.
He attaches some copies of emails from senior managers, marked ‘confidential’, which have been sent to the heads of the university’s academic departments. These copies confirm what the lecturer has told you. One of these emails says: “The Freshney art department is world renowned, but it is simply not economical to maintain its 200-year-old buildings and all its 150 staff any longer. Moving it to Rusbridge will prevent duplication of roles and allow the sale of the Freshney site.”
By phone, you contact the university to ask it to comment on the emails.
A spokesperson for it rings back 20 minutes later and says: “These matters are still under discussion and all these emails are confidential. If you publish any of this information the university will sue you for breach of confidence. Unless you say now who sent these emails to you, it will also take legal action to require you to tell it who it was, because that was an unlawful act.”
(a) In any court case in which a judge considers a claim for breach of confidence, what are the criteria the judge will use to assess if the relevant material is confidential? Are the criteria met in the scenario above? Explain.
(b) If sued for breach of confidence, what legal defence could your media organisation use to justify publishing the information in the leaked emails in the scenario set out above? Explain.
(c) Should you tell the university who sent you the emails? Explain, with reference to the most relevant part of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to.

Answer 12

(a) The judge would consider if the material has the
“quality of confidence” (2 marks)
which in this case it does, being internal communication/limited circulation (1 mark)
The judge would consider
if the material was communicated in circumstances where there was an obligation of confidence on who received or disclosed the information (1 mark)
The lecturer would have a duty of confidence, as an employee (1 mark)
Judge would consider if [unauthorised] publication would be detrimental to the university (2 marks)
In this case there would be such detriment, because the university would not be able to announce the closure plan in the way it chose, which would make implementation of the plan more difficult/aggravate its relationship with staff/students/might impact in applications/recruitment/any other good example of detriment (2 marks)

(b) Public interest defence (3 marks)
because of the historic building/the size of the student population affected/the job losses (2 marks)

(c) Should not reveal source’s identity (2 marks)
Editors’ Code– journalists have a moral obligation to protect confidential sources (moral/morally must be used for full two marks) (2 marks)
Or the above two marks can be gained as regards the Ofcom code:
Pledges given to contributors/sources relating to confidentiality should normally be honoured (honoured/honour must be used for full two marks).

Other valid points e.g. (2 marks)
In (a) example of use of these criteria in a case
[or] these criteria being from Megarry/Coco v A N Clark
[or] in (b) example of a case in which the public interest defence prevailed, e.g. Lion Laboratories/Watford Observer/Sun Printers
[or] reference to more than one of the public interest defence elements, e.g as indicated above

Question 13

You learn from social media that several police have closed a street in the centre of town. You call the police press office, who confirm that a body has been found and that police are treating the death as suspicious. You go to the scene and find part of the street cordoned off by police. Using your mobile phone from the part which is not cordoned off, you take images of the police activity taking place inside the cordon, including of officers entering a police tent, in the middle of the street, completely covering what you presume is the body.
A police community support officer approaches you and tells you should stop taking pictures. She says “This is being treated as a crime scene and you cannot legally photograph any of the police doing their work here, because they object to this.” She tells you that if you don’t delete now the images you have already taken of the scene, you must hand over your phone to her for police to delete them.
Must you do what the officer demands?
Refer to:
(a) the law
(b) the most relevant guidelines issued to the police, and name those guidelines.

Answer 13

(a) There is no [criminal] law banning the taking of pictures in a public street/place (2 marks)
including of any police there [whether they object or not] (2 marks)
Police have no legal right to make anyone delete their images (2 marks)
or to seize the camera in these circumstances. (2 marks)

(b) College of Policing guidelines (2 marks)
say police have no legal power to restrict what is photographed in a public place (2 marks)
or to insist an image is deleted (2 marks)
or to seize a camera (2 marks)
unless a court has ordered this. (2 marks)
NB: if the candidate states detail of the law correctly in (a), and in (b) indicates merely that the College of Policing guidelines ‘confirm/state what the law is’, award the relevant (b) marks too as regards such detail referred to in (a) part of their answer.

Other valid points, e.g. (2 marks)
The guidelines state it is good practice for police to consider the best vantage point for the media if an area is cordoned off.
[or] guidelines state photography of an incident is part of the media’s role.
[or] police officers working in a public place have no reasonable expectation of privacy
[or] apt reference to a real case where police were wrong, e.g. Kent photojournalist Andy Aitchison arrested for taking photographs at a protest at a Covid-hit asylum centre/Wiltshire police paying compensation to photojournalist Robert Naylor after his arrest while taking photographs after a canal boat fire death

Question 14

Courts include magistrates’ courts, Crown courts, the County Court and the High Court. At which court would someone sue a media organisation for breach of privacy?

Answer 14

High Court (2 marks)

Question 15

What legal term (a single word) refers to a person suing in a civil court case?

Answer 15

Claimant (2 marks)

Question 16

Intrusion into privacy is a tort. Give another example of a tort.

Answer 16

Any valid example, e.g. defamation, breach of copyright, breach of confidentiality, negligence, trespass, personal injury (2 marks)

Question 17

At which court would someone be tried for manslaughter?

Answer 17

Crown court (2 marks)

Question 18

At which court would an 18-year-old woman face a charge of common assault?

Answer 18

Magistrates’ court (2 marks)

Question 19

A man is jailed for an offence of human trafficking. A reporter interviews the detective in charge of the case, who said this:
“I want to pay tribute to the 19-year-old who was the victim in this case. He gave evidence very bravely in court against the man who trafficked him here two years ago to be a domestic slave. I hope what this victim suffered - which included being beaten by that boss, and being paid nothing - will make the public more aware that some domestic workers who arrive here from overseas, as this victim did, have been trafficked. Since we arrested his boss, the victim has been given official permission to remain in the UK, and he is desperate to get a proper job here. He is a very good trumpet player and does earn some money busking in Downton city centre. He is living with a lovely family in Denton Road who he has befriended. His English is improving. I wish him well.”
The detail in what the detective said is accurate.
a) Name the statute which is most relevant as regards what information can be published from what the detective said, as set out on the left. State what that statute says about publication of detail.

(b) Bearing in mind your answer to (a), state what details in the quotes from the detective would normally be illegal to publish.

(c) What must the reporter do to legally publish the details you listed in (b) from the interview with the detective? Explain.

Answer 19

a) Sexual Offences (Amendment) Act [1992] (3 marks)
Means victim should have
lifetime (2 marks)
anonymity (2 marks)

No detail which would/is likely to identity such a victim should be published (1 mark)

(b) Publishing that the victim
*is a very good trumpet player (2 marks)
*busks with a trumpet (2 marks)
*is living in Denton Road (2 marks)

will/could identify him

Award zero for (b) if the candidate fails to say that all three details above, marked with an asterix, must not be published
If the candidate says wrongly that a detail cannot be published deduct two marks for each distinct instance, e.g. that he is 19, that he has permission to remain in the UK

(c) get victim’s
written consent (2 marks)
it would be invalid if there is interference with his
peace/comfort (2 marks)
to gain it

Other valid points, e.g. (2 marks)
Illegal breach of anonymity would also breach Editors’ code / Ofcom code
[or] Act specifies should not publish address
[or] Act specifies should not publish educational establishment/workplace/ still/moving image
[or] Trafficking offence is breach of Modern Slavery Act
[or] in (c) consent valid if the victim is over 16 (which he is)
[or] term jigsaw identification used
[or] in (c) best practice is for the written consent to include that there was no such interference to obtain it

Question 20

A 82-year-old widow, Olive Simmonds, whose home is in Garden Avenue in a suburb of Downton city, is found dead in her home by a carer. In an interview for broadcast, a police spokeswoman tells the radio station’s chief reporter the next morning that Olive’s death is being investigated as a murder, and that police wish to hear from anyone who saw a man leaving her home in Garden Avenue shortly before the carer arrived.
“The man we want to trace is aged about 30, has fair hair and a tattoo on the left-hand side of his neck,” the police spokeswoman says in this interview.
The chief reporter broadcasts the above quote in the next news bulletin, at 9am, and the quote is broadcast again in each hourly bulletin until, after the 6pm bulletin, the news editor says to the reporter: “The detective in charge of the Olive Simmonds case has just rung me, to say we have been breaching the Contempt of Court Act all afternoon by broadcasting that quote about the man seen leaving her home, because the police arrested a man at 11.15am. The detective is furious about our bulletins.”
The reporter replies truthfully: “I contacted the police press office before each bulletin and asked if there had been any developments in the Olive Simmonds case, and each time the press officer told me there had been no arrests and that the police were still trying to find out who the man seen leaving her house could be.”
(a) State what the wording of the Contempt of Court Act 1981 makes clear should not be published at such a stage in a criminal case.

(b) Explain, from what is outlined on the left, what material broadcast by the radio station could - in the detective’s view - have potentially breached that part of the Act. Your explanation should include reference to the words of the Act which you set out in your answer to (a).

(c) Can the radio station be successfully prosecuted for breaching the Act because of what it broadcast in the afternoon bulletins, as outlined on the left? Explain with reference to the most relevant defence in the 1981 Act and its requirements.

Answer 20

(a) The Act says nothing must be published which creates
a substantial risk of serious prejudice or impediment (5 marks)

(b) Publishing description of the man could affect any identification parade/visual identification evidence (2 marks)

This would be prejudicial if it caused a witness to pick out a man of the published description because of what was published, rather than the witness rely on their own memory (gist OK). (2 marks)

(c) Radio station cannot/apparently cannot be successfully prosecuted because it does/seems to

have a defence (1 mark)

[under section 3 of the Act]

which is that having taken

all reasonable care (3 marks)

it did not know that proceedings were ‘active’ (1 mark)

that there was an arrest (1 mark)

[and had no reason to suspect]

but must be able to prove such care was taken (2 marks)

so station needs note/recording of the calls made to police (1 mark)

Other valid points, e.g. (2 marks)
In (b) the people/person who gave the description may feel they have to stick exactly to what was quoted by the station when giving evidence, even if they have genuinely changed their mind about some detail, and their reluctance to reveal change of mind could affect verdict(s)/cause prejudice (gist OK)
[or] report should not suggest death was definitely murder as this may be the issue at trial
[or] In (a) good detail in explanation of how identity parade/visual identification evidence could be affected/contaminated, e.g. even if the man picked out is the murder, the jury would wonder if the witness had truly relied on their memory/published description could lead to an innocent man to be picked out from the parade,
[or] in (c) this defence is only needed if a substantial risk of serious prejudice/impediment is created
[or] in (c) note/record should include the time of the call and who made reply

Question 21

Graeme Hutchinson is sentenced to six years in jail for a series of frauds in which he swindled pensioners of their life savings.
After the case ends, one of the prosecution witnesses, who is a relative of one of the fraud victims, calls the local news website where you work and says of Hutchinson: “I was in the courtroom when he was sentenced and shot some footage on my phone of him as he tried to escape from the dock. The footage shows the prosecution barrister and security officers capturing him and taking him down to the cells.
“I am happy for you to publish this footage for free on your website.”
(a) Should you publish this footage? Explain, including by naming the most relevant statute and by referring to its most relevant content.

(b) Under the law you named in (a), can you shoot and publish footage of the relative being interviewed on the steps leading down from the courthouse building about what happened in the sentencing hearing when the defendant tried to escape from the dock? Explain, including by reference to relevant content in the statute you named in (a).

(c) To help illustrate the report about the defendant’s escape bid, should you publish footage, shot by the relative from the pavement outside the courthouse, which shows the prosecution barrister exiting the courthouse’s main doors after the hearing? Explain, with reference to the statute you named in (a).

Answer 21

a) Would be illegal to publish footage shot in the court (2 marks)
Caller has broken the law by filming in court (2 marks)
under
Criminal Justice Act [1925] (3 marks)

(b) Publishing footage of relative/witness on steps is/may be illegal (2 marks)
Law bans such filming in
court precincts (2 marks)

Need to check with the court whether the steps are considered precincts (2 marks)

(c) Law also bans filming of people entering or leaving the precincts/courthouse (3 marks)

Other valid points, e.g. (4 marks)
Act does not define precincts - 2 marks only
[or] filming in court/precincts can be punished as contempt of court - 2 marks only
[or] some courts do tolerate such shots of people entering/leaving the courthouse

Question 22

A fashion journalist for an online magazine attends a catwalk show and reviews the latest range of autumn/winter clothes as displayed in the show. These were designed by Farzana Parkar, who is famous for her designs.
The journalist writes her review, which includes the following text: “Parkar was once the darling of the fashion world. But I’m sad to report that from the evidence of this show, Parkar has run out of talent. I’d be surprised if any of her high-end customers buy a single item from her latest range – the clothes in it all looked cheap and nasty to me, and I’d rather wear my pyjamas to a party than some of the evening wear in this range.”
The review is published by the online magazine, including the text set out above. Parkar then contacts the journalist and threatens to sue the magazine for defamation. Parkar, referring to the text set out above, says that the review was “unnecessarily rude and ill-informed”. Parkar points out correctly that other fashion journalists who reviewed this range of clothes gave her glowing praise for it.

a) Can Parkar successfully sue the magazine for defamation because the review text set out on the left was published? Explain, naming the most relevant defence in defamation law. Your explanation should set out all the defence’s requirements and say if they are all met in this scenario.

(b) Parkar is also angry about the content of a posting made by a reader of the magazine. This posting has appeared on the magazine’s website under the review. This posting says: “Parkar copies her designs from clothes made in the Far East. She gives the real designers no credit and pays them nothing, but in fact she has stolen their ideas.” If Parker sues the magazine for defamation because of the content of this posting, will she win that case? Explain, briefly referring to the requirements of the defamation defence most relevant to readers’ postings.

Answer 22

a) The magazine will have the defence of
honest opinion (2 marks)

Requirements are
It must be recognisable as comment/opinion (2 marks)

Which this is due to use of adjectives / first person (2 marks)

Must be based on a provably true fact (1 mark)

Fact here is journalist did attend this show / saw it/ Parkar designed these clothes (2 marks)

Opinion expressed must be

Honestly-held (3 marks)

There is no reason to think this is not the journalist’s honest view / defence will succeed if it is (1 mark)

(b) Parkar could not successfully sue if the magazine did not moderate the posting before it was posted (3 marks)
and if it removed the posting quickly after her complaint about it (2 marks)

Other valid points, e.g. (2 marks)
In (a) or (b) to successfully sue Parker would also have to prove she suffered/was likely to suffer “serious harm” to reputation/serious financial loss to her business
[or] in (a) it is irrelevant that other journalists praised the show
[or] in (b) the defence is in the Defamation Act/Regulation 19
[or] in (b) if the posting was moderated, the magazine has become responsible for its content
[or] some good detail of the requirements of the defence in section 1 of the Defamation Act or Regulation 19, even if the defence is not named
[or] if the posting is moderated/not removed quickly, the magazine to avoid losing such a defamation case would need to prove the posting as true, which would be difficult

Question 23

Downton FM radio station reports in news bulletins: “Residents on the Greenlands estate are angry that broken bottles are being found each day in the children’s playground in Greenlands park, and because drunken youths are rowdy in the park most evenings.
“Residents say some local youths are buying alcohol from a small corner shop near the park, even though these youths are clearly under the age for buying alcohol. Residents are calling on the city council and the police to take action as regards the shop owner concerned.”
The story does not name any shop or shop owner.
Can anyone successfully sue the radio station for defamation because of the bulletin content, as set out on the left? Explain, by:

(a) referring to what, in any defamation case, a person suing must prove

(b) applying what you have said in (a) to the scenario on the left

(c) considering whether the radio station would have any defence if sued for defamation because of the bulletin content shown

Answer 23

) Anyone suing/claimant must prove
Publication, identification, defamation (3 marks)
there has been publication (1 mark)

(b) It is a defamatory statement to say that a shop/shop owner is breaking the law (2 marks)

[and defamatory of the owners because as a minimum suggests lax approach to the law and is likely to cause serious harm to their reputation]

Material would/may identify a person / company even if no name used (2 marks)

The legal test on identification is whether material

Would reasonably lead a person acquainted with the claimant to believe that the statement referred to the claimant (2 marks)

The owners/ managers of any shop near that park/playground which could prove it was identified could successfully sue (2 marks)

There may be several in the area, so all identified (2 marks)

Only defence which could be used is truth (2 marks)

Even if journalist has evidence to use this defence as regards one shop, does not / may not have it as regards any other shops in (2 marks)
the area

[because did not intend to refer to any other shop/s]

Other valid points, e.g. (2 marks)
Relevant definition of a defamatory statement
[or] case law reference to defamation by class / group e.g. Banbury CID case or Bennett v the Guardian
[or] must prove substantially true on the balance of probabilities
[or] shop as company would have to prove serious financial loss to win case
[or] likely to be too many local youths for any of them to sue for defamation

Question 24

Police officers use a Taser to subdue a man who resisted arrest when he took part in a protest about Government ‘lack of action’ on climate change. The man was tasered after he stormed into an awards ceremony for energy companies. Another protestor there films the incident, including the tasering, on her mobile phone and uploads the five minutes of this footage to her social media account where tens of thousands of people view it.
You are employed by a media organisation and need to report on this story, so you use social media to find information.
You discover the footage referred to above, copy it all and use all of this copied footage in your online report.
You also discover on a social media site a blog by the partner of the tasered man, which describes his character. You copy paragraphs containing 606 words from the blog and use all this text in the report as verbatim quotes.
Under law in the main statute concerning copyright, can anyone successfully sue your employer because of your use in the report of:

(a) the copied footage?

(b) the text copied from the partner’s blog?

Your answer should name the statute and explain for each of (a) and (b) if the defence in it most relevant for reporting news applies, including by referring as appropriate to the defence’s requirements.

Answer 24

Wherever stated
Copyright, Designs and Patents Act [1988] (3 marks)

The most relevant defence is
fair dealing (2 marks)
for the purpose of reporting
current events (2 marks)
(do not award both marks if the term ‘current events’ is not given in full)

(a) The copyright would be [normally] owned by the person who shot the footage and she would win damages if she sues (2 marks)
[If footage used without her permission]
because all/too much of the footage was used (3 marks)
Defence would only cover use of a short extract [a few seconds] (2 marks)

(b) Defence does not/unlikely to apply (2 marks)
The partner is the copyright holder and she/her could win damages if she/he sues (2 marks)
[if text from blog used without permission]
because too much of the text was reproduced (3 marks)

Other valid points, e.g. (4 marks)
In (a) or (b), a requirement is to include sufficient acknowledgement of copyright owner
[or] in (a) or (b) if copyright owner is unhappy about use, offering/paying a fee could resolve this
[or] best to get permission in writing to avoid any dispute/could get permission via social media
[or] under defence can use no more of footage/blog text than is necessary to report event
[or] using all the footage/so much text is not fair because undermines the commercial value of the footage/text.
[or] had the blog content been paraphrased in the report, copyright would not have been infringed
[or] apt reference to case law

Question 25

A journalist receives a phone call from a worker at premises run by Evans-Bower Ltd., an independent contractor which produces sandwiches sold in supermarkets. The worker tells the journalist that he and other workers are required by the firm’s management to work closely together in cramped, unsafe conditions, breaching health and safety regulations, that there is not enough hygiene equipment such as plastic gloves for handling meat used in some types of sandwiches, that their toilet facilities are rarely cleaned thoroughly, and that they are not allowed to take more than one break of 20 minutes during their 10-hour shift, even to wash their hands. The worker says in this call: “We have been threatened with dismissal if we tell anyone. Our boss always seems to know when any official inspector or someone from the supermarkets is due to visit, because there is always a thorough clean of the factory before the visit, but there are only a few such visits each year. We can earn extra money by working into the night or at weekends, but that extra time is all cash in hand, and the rate for it is below the national minimum wage. The pay is so poor and conditions so bad that there is a big turnover of employees.” The firm’s website boasts of the firm’s “caring image” and says: “Hygiene and other good practices are of the utmost importance to us.” The journalist, who took notes during the worker’s phone call, suggests to her editor that she apply for a job at the firm, pretending to be unemployed, and that if she is offered a job, she will secretly film the conditions in these premises, and secretly record what the managers say to her as an employee, for an investigative feature. a) Is it ethical for the journalist to use these tactics in the scenario on the left? Your explanation should set out what is said in the most relevant parts of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to. (b) Assume that editor approves the undercover investigation, that it proceeds, that a report is published from it and that Evans-Bower Ltd. complains to the regulator about the undercover methods used. What would IPSO or Ofcom require the editor to provide to it to prove that the relevant code was complied with as regards his approval of the investigation? State why the regulator would require this.

Answer 25

a) Code generally bans use ofdeception/subterfuge/misrepresentation (2 marks) and hidden cameras [and hidden microphones] (2 marks) EXCEPT when justified by the public interest (2 marks) AND when material unobtainable by other means/open approach would not work (1 mark) Code’s public interest exceptions apply because (2 marks for gist of any of the following reasons or any other distinct, apt reason, to a maximum of 4 marks) (4 marks) Health of employees and customers is apparently put at risk by unhygienic practices Firm is allegedly bullying/exploiting staff The firm is allegedly presenting a false image to the public Award up to a further 2 marks, up to a maximum of 4 marks, for each instance of the candidate making the point explicitly that one of the stated public interest rationales specified in the code applies (4 marks) e.g. detection/exposure of crime or threat of crime/serious impropriety - as regards hygiene law/failure to pay minimum wage or prevention of public being misled, e.g. by apparent respectability of firm’s website claims or protection of health/safety - as regards poor hygiene or exposure of failure to comply with an obligation (Editors’ Code), e.g health regulations/wage obligations, or raising/contributing to matter of public debate (Editors’ Code) - e.g standards in such factories/supermarkets checking supplier standards (b) Media organisation needs to show regulator that there was prima facie evidence (2 marks) giving rise to [editor’s] reasonable belief that such methods/justified public interest exceptions applied (2 marks) What the worker said to reporter provides this evidence [so notes/record needed of these statements] (2 marks) Other valid points, e.g. (4 marks) This is section 7 of the Broadcasting Code/Clause 10 of Editors’ Code - 2 marks only [or] if the reporter’s approach was open, the factory will not have employed her/would not/unlikely to have admitted the malpractice(s) [or] in (b) regulator will want to see audit trail of how decisions taken that such tactics are justified here in public interest [or] in (b) code/regulator bans ‘fishing expeditions’/random targeting of a business, hence need for prima facie evidence [or] example of real case when use of such tactics upheld by regulator [or] hidden filming needs public interest justification to avoid breach of clause 2/privacy provision of Editors' Code/section 8/privacy provision of Ofcom code

Question 26

Information for part (b) An unmarried football club owner, millionaire James Khan is rumoured to be dating a famous divorced pop star, Florence Hughes. They both refuse to comment to the media on this speculation and have not been seen together but each continues to make public appearances in their high profile careers. A photographer working for a media organisation uses a camera mounted on a drone to take a set of images of the couple passionately kissing in the back garden of Hughes’ home. The photographer tells his news editor: “We were lucky to get these shots. The wall around her garden is so high that you can’t see over it from the pavement outside.” Information for part (c) Assume that no such photographs have been taken, but that the showbiz reporter tells this news editor: “Shall I give Florence Hughes another call to ask if she is dating James Khan? I rang her earlier this week and she told me ‘no comment’ and said I should not call her again about that.” The news editor says: “Yes, ring her, record the call for publication and ask her the same question. She loves publicity about her albums so she cannot justifiably complain if you ask her again about Khan”. a) Where is the general right to privacy set out in law? (b) Read the information for part (b) on the left. Bearing in mind that law, should the media organisation publish these images taken by the drone camera as proof of the relationship between Khan and Hughes, or might this lead to it being successfully sued by them for breach of privacy? Your answer should include and apply the criterion which a judge in any privacy case will use to decide whether the right you referred to in (a) applies in that case’s circumstances. (c) Read the information for part (c) on the left. Should the reporter do as the news editor instructs? Explain, by referring to the relevant content of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to.

Answer 26

a) Article 8 (2 marks) European Convention on Human Rights (4 marks) (b)The criterion is whether the person/claimant has a reasonable expectation of privacy (3 marks) in the case’s circumstances The couple have that expectation because they could not normally be seen in the garden due to the high walls (2 marks) So they could successfully sue for breach of privacy (2 marks) (c) Should not make such a call to Hughes (1 mark) [Would be harassment] Code says should not make a further approach after being asked to desist/the person has made clear no comment will be made (gist OK) (2 marks) unless there is a public interest justification/warranted under the code, and there is no/seems to be no such justification here (2 marks) Other valid points, e.g. (2 marks) In (a) some detail of what Article 8 says, e.g. protects home life [or] in (b) the public interest defence does not/does not seem to apply here [or] in (b) use of camera drone is particularly intrusive as/if they were unaware of it [or] in (b) the taking of the photos/their publication would also breach the Editors’ Code/Ofcom code’s provision [or] in (b) privacy of personal relationships is recognised in case law unless the person has put the relationship into public domain/is misleading the public [or] in (c) such a further call would breach clause 3 of Editors’ Code/section 8 of Ofcom Code [or] in (c) recording such a call for publication without warning Hughes that it was being recorded would breach section 8 of the Ofcom Code

Question 27

Question A A public meeting is held in Downton about how to combat racist attitudes. At this meeting, businesswoman Sarah Rivers praises the police force and other public workers for their stated support of the Black Lives Matter campaign. She then says: “There is still too much racism. I saw that city councillor Jack Glaze made racist comments this week on his Twitter account when he was being offensive about the campaign. I will not repeat the vile comments he made about black people in those tweets, and he deleted them after a few hours, but they showed he is a racist and therefore not fit to be a councillor.” Councillor Glaze was not at this meeting. A local newspaper reporter, who was at the meeting, includes the above quotes from Rivers in a news report of it, published online an hour after it ends. The report has the headline: Councillor accused of racist tweets The next day, a lawyer representing Glaze phones the newspaper’s editor, saying that Glaze is considering suing it for defamation because of this report. The lawyer says: “Councillor Glaze denies being a racist and says his Twitter account was hacked, so he was not responsible for those tweets. He wants damages from your newspaper, and those damages will be lower if you quickly publish this statement from him, which is as follows: I am not a racist and was not responsible for racist tweets which appeared after my Twitter account was hacked. It is a disgusting that Sarah Rivers chose to lie viciously about me in this regard at the public meeting."' Can Glaze successfully sue the newspaper because it published what Sarah Rivers said, as set out above? Should the newspaper publish all of the statement given by his lawyer for publication? Your explanation should focus on the most relevant defence in defamation law, setting out its requirements, and say if all of them are or can be met in the above scenario.

Answer 27

Qualified privilege (2 marks) protects the report if it is fair (2 marks) accurate (2 marks) in the public interest, as this report is (2 marks) To retain the defence, a requirement is that the newspaper must publish reasonable statement/letter (2 marks) of explanation or contradiction (2 marks) if anyone defamed requests this So it should publish what Glaze’s statement says as regards his denial of tweeting racist comments/being a racist (2 marks) and his explanation of his Twitter account being hacked (2 marks) (Give the above 4 marks if the answer in effect implies this by saying that all but the part about Rivers should be published) However, for him to accuse Rivers of lying is defamatory of her, and so that part should not be published (2 marks) [because that part of the statement is not reasonable] (If the candidate does not state that the lying allegation should not be published, do not award more than 9 marks for the answer, if more than 9 marks otherwise gained) Other valid points, e.g. (2 marks) Defence is in schedule to Defamation Act [or] requirement too is that there should be no malice on part of publisher but there does not appear to be any here [or] legal definition of a public meeting [or] Glaze may be able to sue Rivers successfully if his Twitter account was hacked

Question 28

You are a reporter. A friend works as an administrator for an engineering company which makes brake components for the motor industry. She tells you she has seen an internal report written for the company’s senior management. Although the report is stamped “Confidential. Senior management only”, she provides you with a copy. She tells you: “No one must know I gave you this.” It has been written by the technical director, Guy Frobisher. In it he says: “Some of the metal used in a recent batch of our components is apparently below our normal standard. Two of our production managers fear this could cause the brakes to fail in exceptionally hot weather, and point out they have been fitted in lorries being exported to Africa. To recall these components would cost us a big sum and may not be necessary. So we should stick to our decision not to raise any alarm but monitor how these lorries perform when in Africa.” You ring the company to ask for comment. The company’s head of public relations calls back to say it is seeking an injunction for a breach of confidence to stop your news organisation publishing anything from the internal report. He claims it contains “factually incorrect statements”. (a) If the company does seek an injunction, what legal criteria from the law of confidence will the judge consider to decide whether that law is relevant as regards the internal report? Are these criteria met in the above scenario? Explain. (b) In the law of confidence, what defence could your news organisation cite to the judge to stop such an injunction being made? Explain why the defence should apply in this scenario. (c) The company’s head of public relations also tells you that it will ask a judge to order you to tell the company who leaked the copy of the report. If the judge does order this, should you comply? Your answer should refer to the most relevant part of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to, and say what could happen to you in law if you do not comply with the order.

Answer 28

(a) The judge would consider whether the material has the [necessary] “quality of confidence” (2 marks) Such internal documents would be regarded as having this (1 marks) Judge will also consider if material was communicated in circumstances where there was an obligation of confidence on the person disclosing it (gist OK) (1 marks) This would be met here because the employee had a duty of confidence to the company (1 marks) Judge would consider whether the [unauthorised] publication would damage the company/be to its detriment (2 marks) This criterion would/could also be met in this case because company’s reputation/sales would be affected (1 mark) (b) public interest (2 marks) because of the risk to lives/safety if the brakes are faulty (2 marks) (c) No (2 marks) Editors Code says [clause 14] there is moral obligation to protect identity of source promised confidentiality (2 marks) (only award 1 mark if ‘moral’ not present in some term) or these marks can be gained by Ofcom Code says [section 7] Guarantees of anonymity must normally be honoured (only award 1 marks if ‘guarantee’ or ‘honoured’ element not present as a term) If do not comply could be fined or jailed (2 marks) Other valid points, e.g. (2 marks) In (a) leaker could be accused of breaching contract of employment [or] in (a) heading of ‘confidential’ is evidence would be considered but not conclusive for court’s decision [or] in (b) discernible reference to real use of public interest defence, e.g. Lion Laboratories/Sun Printers case [or] in (c) any mention of need for steps which should to be taken to preserve source’s confidentiality, e.g. destruction of actual copy of memo [or] in (c) to disobey the judge would be contempt of court so must be prepared to be fined/jailed

Question 29

Answer questions (a) to (e) below. (a) What are the two branches of the legal profession? (b) An actor loses a libel trial and launches an appeal against the decision. Which court would hear the case? (c) What is a tort? (d) Name two types of actions which would come under the heading of a tort. (e) Who in a crown court trial decides the verdict? (15 marks)

Answer 29

(a) Barristers and solicitors (2 marks) (b) The Court of Appeal (2 marks) (c) A civil wrong (2 marks) For which monetary damages may be recoverable (2 marks) (d) 2 marks for each example, up to 4 marks (4 marks) e.g. negligence, trespass, defamation, personal injury, breach of copyright, breach of confidentiality (e) Jury/jurors (3 marks)

Question 30

Read the information on the left and answer questions (a) to (c) below. Police have put out an urgent appeal to trace a cyclist who left the scene of a crash in which a pensioner was seriously injured. A motorist, who witnessed the incident, gets in touch with a radio station and tells the reporter: “It all happened so quickly. It looked like the cyclist was weaving in and out of the traffic while on his phone when he hit the person. “I had a good view of the cyclist. He had a dragon tattoo across his neck, so it shouldn’t be too difficult for the police to track him down.” All of this detail is included in the reporter’s story, which goes online at 5pm. Later, the police press office gets in touch to complain that the quotes in the story breach the Contempt of Court Act because an arrest was made at 3pm - two hours before the story was published. (a) What does the Contempt of Court Act 1981 say regarding what type of content should generally not be published in circumstances like the scenario on the left? State why the Act applies in this scenario. (b) To avoid breaking the Contempt of Court Act 1981, say which specific details in this scenario should not be published. (c) Section 3 of the Contempt of Court Act can provide a defence for a media organisation accused of breaching the part of the Act you referred to in (a). Explain what the reporter in the scenario should have done to ensure the radio station has that defence. Your answer should refer to the wording of the defence as set out in the Act. (25 marks)

Answer 30

(a) An arrest means (1 mark) the case is active (2 marks) The Act says nothing must be published which creates substantial risk of serious prejudice or impediment (5 marks) (b) Should not publish what the motorist said about the cyclist being on his phone and weaving in and out of the traffic (2 marks) This may not be evidence at the trial and the motorist may not have remembered it correctly (2 marks) Publication of the description of the cyclist/tattoo could affect evidence by another witness regarding visual identification of the cyclist or in an ID parade (2 marks) (c) The defence would apply if having taken all reasonable care (3 marks) the reporter/news organisation did not know, [and did not suspect], the case was active (2 marks) The burden is on the news organisation/publisher to check with police if the case is active before publication (3 marks) Other valid points e.g. (3 marks) Description of how the bike was weaving in and out of the traffic and/or use of the mobile phone, could influence other witnesses [or] good explanation of why publication of the description of the cyclist could adversely affect/contaminate identification evidence from other witnesses [or] in (a) such a contempt offence represents strict liability so there is no need of proof of intent to cause prejudice [or] penalties for contempt such as this include an unlimited fine by statute or a jail term of up to two years [or] in (b) court may rule that the motorist’s testimony is not admissible [or] in (b) publishing what the motorist said, or his description or actions might lead the witness to stick to this version rather than changing their mind on reflection later [or] in (c) the reporter should have kept a note of the time of checks they made with the police and of the police response given because the defence requires proof that care was taken.

Question 31

Police have cordoned off a busy London street after Just Stop Oil protesters glued themselves to a statue. The incident has brought the area to a standstill and there is a heavy police presence. A television reporter is sent to cover the incident and, standing on the pavement across the road from the statue, shoots some video on her mobile phone. She is approached by a police officer who tells her to stop filming, adding: “This is a major police incident - it is against the law to film here. You must delete the video. If you don’t, I will confiscate your phone and delete it myself.” What should the reporter tell the police officer about the relevant law, and what guidance for police should she quote from? In your answer, you should state the relevant details of what that guidance says.

Answer 31

There is no criminal law preventing filming in or from a public place (3 marks) The pavement would be a public place (2 marks) [College of Policing guidance says police cannot and should not prevent filming in a public place] Police have no power to order deletion of video or pictures (2 marks) Police also have no power to seize a camera/delete footage (2 marks) in these circumstances This is confirmed by College of Policing guidelines (3 marks) Other valid points e.g. (3 marks) College of Policing guidance say it’s good practice to give media a good vantage point if an area is cordoned off [or] police officers at work have no reasonable expectation of privacy if filmed in a public place [or] would need a court order to seize the camera or delete video [or] mention of any valid case example

Question 32

It’s been revealed that a recently-married couple from a town you cover as a junior reporter have been killed in a helicopter crash on their honeymoon. Your news editor asks you to cover the story and to get a picture of the couple. You find a Facebook post from the bride’s mother who shares an image of the couple taken by a professional photographer, who she had hired as a wedding present. (a) (i) What is the name of the main statute containing copyright law? (ii) What is the name of the defence in that statute which can protect the use in news reports of some copying of material from other sources? (b) Who owns the copyright of the photo in this scenario? Explain your answer. (c) Under the statute named in (a) (i), who could successfully sue the media organisation for damages if a copy of the photo is used without permission in your published report? Explain your answer, including by reference to the defence which you referred to in (a) (ii). (20 marks)

Answer 32

(a) (i) Copyright, Designs and Patents Act [1988] (3 marks) (ii) Fair dealing (2 marks) for the purpose of reporting ‘current events’ (2 marks) (must be these words to gain these 2 marks) (b) The photographer [as creator/author] (2 marks) (c) The copyright owner could sue successfully (1 mark) The defence of fair dealing does not cover the use of still photos (2 marks) As commissioner of the pictures, the bride’s mother would/could gain damages / can successfully sue (2 marks) because they have moral rights (2 marks) to control use if the photo was taken for private and domestic use (2 marks) Other valid points e.g. (2 marks) In (a) the photographer may have assigned copyright to the commissioner [or] in (a) if the photographer was employed to take photos at the event, the employer owns the copyright/would usually own the copyright [or] no need to seek permission of those featured in the image [or] public interest defence would not apply in this scenario [or] in (a) (ii) photos are excluded from this fair dealing defence to allow photographers to earn a living [or] in (c) the photographer or employer may accept an appropriate fee rather than sue. [or] mention of a relevant case study

Question 33

You work for an online entertainment website. A TV executive, who is a reliable source, tells you that a presenter of a popular daytime show has been suspended from the programme after allegations of violent behaviour at a party. The source tells you the presenter got extremely drunk, pushed the show’s producer up against the wall and shouted abuse in his face. The attack was witnessed by other workers on the show. The TV company press office will not comment on the allegation. You phone the presenter, but he refuses to speak to you. (a) If the website publishes the allegation, it risks being sued for defamation by the presenter. Give one legal definition of a defamatory statement, making clear why the definition applies in the scenario on the left as regards the presenter. (b) If the allegation is published, and the media organisation is sued for defamation, it may have to use the ‘truth’ defence for this story. Give two reasons why, in defamation cases, publishers may be reluctant to rely on this defence and so choose instead to offer money to settle the case before it reaches trial. (c) As regards the allegation against the presenter, suggest two pieces of evidence which might help the media organisation meet the standard of proof required by the ‘truth’ defence. (d) In this scenario, the TV company demands that you hand over the name of the source. In response, what should you do? Your explanation should set out the most relevant content in either the Editors’ Code of Practice or Ofcom Broadcasting Code. You only need to refer to one of these codes. Make clear which code you refer to. (20 marks)

Answer 33

(a) Appropriate definition e.g. exposes him to hatred, ridicule or contempt etc or statutory definition of having caused/likely to cause serious harm to reputation (2 marks) Accusing the presenter of such an incident would lead people to consider him violent and abusive / unprofessional. (2 marks) (b) 2 marks for each of the following, or for any other apt and distinct reason, to a maximum of 4 marks (4 marks) If publisher loses trial, the court may award a larger sum in damages than the settlement sum would be If publisher loses, must pay own costs If publisher loses must pay/is likely to pay other side’s costs issue of reluctant/non-credible witnesses Unpredictable nature of courts/judges Evidence might not meet the court’s standards (c) Any two of the following, or a comparable suggestion - 3 marks each, to a maximum of 6 marks (6 marks) Mobile phone footage/photo of the presenter assaulting the producer Signed statements from other party goers describing the assault Statement from the TV company / presenter confirming reason for suspension Confession by presenter (d) Should not reveal the source’s identity because Editors’ Code of Practice [clause 14] says journalists have a moral obligation to protect confidential sources of information (3 marks) (must state ‘moral’/morally’ for full 3 marks to be awarded)

Question 34

Teacher Peter Booker, 60, has been convicted of sexually assaulting 10 teenage boys. He is sentenced to nine years in jail. The judge makes no order regarding the reporting of the case. The next day, Freddie, a 15-year-old victim, emails your media organisation. He says he wants to tell his story and that his parents are fully supportive of his decision a) What is the most relevant criminal law you should consider as regards what can be included in a report about this case? How does that law affect media reports? (b) With reference to the law you named in (a), and what it says about publication of such detail, can you do what the boy wants you to do?

Answer 34

(a) The Sexual Offences (Amendment) Act [1992] (3 marks) Freddie has anonymity. (2 marks) for his lifetime (2 marks) Which means no material can be published which is likely to/which could lead to his identification (2 marks) Including [if likely to identify] (3 marks) address, school, still or moving image (if candidate says his age cannot be published, deduct 2 marks. No mark for ‘no name’) (b) Victims can give written consent to waive their anonymity (2 marks) But Freddie can only do so once he has turned 16 (2 marks) The parents cannot give permission on son’s behalf (2 marks) If the candidate does not specify that such consent from Freddie must be in writing, or that he must be 16, or says that the father can consent to the boy being identified before he is 16, do not award any marks for (b). Other valid points e.g. (2 marks) No permission from court is needed for consent to be given [or] make clear that in order to identify the boy, the journalist must wait until the boy is 16 to gain written consent [or] make clear that any story published before he is 16 must preserve his anonymity/pictures or video must be pixelated [or] penalty for breaching the law is an unlimited fine [or] identifying the boy when he is under 16 would breach Clause 2 of the Editors’ Code of Practice [or] under the Editors’ Code, need father’s permission to interview the boy on this matter while he is under 16 [or]For the consent to be valid, there must be no interference with his peace and comfort in order to gain the consent

Question 35

A motorbike crashes through a shop window in the town where you work as a journalist. A shopper gets in touch with your newsroom. She has shot video footage of the moment the bike smashes through the pane of glass. The footage goes on to show the rider crawling from the wreckage looking disorientated and bleeding, before rescuers rush to help him. The motorcycle’s registration number is clearly visible in the footage and the man is identifiable. He was unaware that he was being filmed. The footage shows him being taken away in an ambulance. Should the news organisation quickly publish any of this video? Explain your reasoning with regard to: (a) The general protection of privacy in either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Be clear which code you refer to, and explain how what it says is most relevant to this scenario. (b) Another part of the code on which you have focused, which is particularly relevant to ethical decisions about whether footage should be quickly published in such circumstances. (20 marks)

Answer 35

(a) As regards either code To show video images of the rider’s face is a breach of his privacy (2 marks) Because under both codes, health is a private matter (2 marks) [and he is clearly in distress] Therefore, the rider’s consent would be needed to show his face (2 marks) If candidate states that a regulator might rule it is OK to show his face without consent, then award the mark but not for saying definitely OK Under the code, he has a reasonable/legitimate expectation of privacy (3 marks) Either term OK for either code. He is in a public place, but that is not relevant because of circumstances. (1 mark) (b) The rider's next of kin may not know he is hurt yet (2 marks) The Ofcom code states that they should not find out from the media (2 marks) Or these 2 marks can be awarded for: This would breach Editors’ Code due to intrusion into/creating shock Video images showing the rider’s face should not be published until we are sure relatives have been informed (2 marks) The registration number is unique, so it should not be shown until we know that relatives have been informed [or can be pixelated] (2 marks) Other valid points e.g. (2 marks) Public interest in showing the incident may not be considered by regulator to be strong enough to show his face without consent [or] could publish footage of rider if he is pixelated/not recognisable [or] reference to relevant adjudication e.g.Ipso ruling in A woman v Derby Evening Telegraph / Paul Kirkland [or] more relevant detail of other code clauses/sections e.g Ofcom on showing those in distress or suffering [or] does not breach either code to report that a motorbike has crashed into a shop if the rider is not identified [or] As regards the family not knowing about the incident, the media should check with authorities to ensure the family has been told before publishing

Question 36

You are a reporter on a car magazine and are sent documents from a contact who works for a leading manufacturer. The documents, which are marked confidential, reveal that the manufacturer has deliberately exaggerated the range of its electric vehicle batteries, meaning drivers are being misled about how far the car can travel without needing recharging. When you approach the company for a comment about this information, the press office tells you that the information is confidential and the company will sue for breach of confidence if any of it is published. (a) If the manufacturer does attempt to sue for breach of confidence, which criteria will the judge in that case consider in ruling whether there has been a breach of confidence? (b) If there is such an action for breach of confidence, does the magazine have a defence? Explain why this defence would/would not work in this scenario.

Answer 36

(a) The judge would consider if the material has the quality of confidence (2 marks) This would meet the criteria and the ‘confidential’ label makes this more likely (2 marks) The judge would also consider if the material was communicated in circumstances where there was an obligation/duty of confidence on who received/disclosed the information (2 marks) Reporter’s contact - as an employee - would have that duty of confidence (2 marks) The judge would consider if unauthorised publication would be damaging to the company (2 marks) The criterion would be met because reputation and potentially financial damage to the company’s public image (2 marks) (b) The journalist’s publication would/could have the defence of public interest (2 marks) due to the impact on customers/future customers (2 marks) and the manufacturer’s lack of transparency/dishonesty/attempt to mislead the public (2 marks) Other valid points e.g (2 marks) In (a) example of the use of these criteria in a case [or] these criterion being from Megarry/Coco v A N Clark [or] in (b) an example of public interest defence prevailing, e.g Watford Observer; Lion Laboratories v Evans [1985] QB 526

Question 37

The leader of Slinton Borough Council makes a statement during a full council meeting. She claims a man, who belonged to an animal rights group, fire-bombed the town hall offices five years ago after the authority approved plans for a testing laboratory. She says the man, whom she names, was never prosecuted because there was insufficient evidence, but she believes the group is active again and that he poses a threat to society. The Slinton Gazette publishes an accurate account on its website of what the council leader says. The named man later contacts the Gazette and says he will sue for defamation over the published report because he wasn’t offered an opportunity to deny the council leader's allegations. Does the Gazette have any defence should this man sue over this story? Explain with reference to defamation law and the requirements of a relevant defence.

Answer 37

Qualified privilege (3 marks) protects a report of a council meeting. (2 marks) if it is fair (2 marks) as it reflects what was said here accurate (2 marks) and published in the public interest (2 marks) as this report is because it is about a council meeting (2 marks) A requirement of the defence is that am reasonable statement/letter (2 marks) of explanation/contradiction (2 marks) should be published if the defamed person requests this (2 marks) Now that the named man has requested a right of reply, the Gazette must publish this to maintain their defence (3 marks) (gist acceptable) Other valid points, e.g (3 marks) Defence is in Part 2 of schedule to Defamation Act (1 mark only) [or] a requirement too is that there should be no malice in what ispublished (1 mark only) [or] reference to legal definition of defamatory statement to explain why Whitney is defamed (i.e disparages in trade, office or profession) [or] Letter/statement from the defamed man must be reasonable / Gazette can refuse to publish an unreasonable response which contains a defamatory allegation

Question 38

A man is being tried at crown court for the murder of his two best friends. The prosecution has told the jury the man became violent after becoming addicted to cannabis. During a weekend break in the case, and before any verdict is given, your radio station broadcasts a weekly discussion programme in which a panel of experts discusses the rising use of cannabis amongst teenagers and the psychotic effects of the drug. The following Monday morning, you are summoned before the crown court judge to represent your station in court. The judge says the broadcast of the panel discussion may have seriously prejudiced the case. As regards the Contempt of Court Act 1981, state what the most relevant defence in the Act says and whether it would be successful in this case.

Answer 38

The [section 5] defence says it is legal to publish A discussion (2 marks) of public affairs (2 marks) [of other matters of general public interest] If this is published in good faith (2 marks) and if the risk of prejudice [or impediment] (2 marks) Is merely incidental to the discussion (2 marks) This means the programme was safe to broadcast (4 marks) as it does not refer [prejudicially] to this active case / trial (4 marks) Other valid points e.g (2 marks) The defence would only be needed if the programme created a substantial risk of serious prejudice or impediment [or] an apt and accurate reference to either of the contempt prosecutions arising from the Daily Mail or Sunday Express’ articles published during the murder trial of Dr Leonard Arthur [or] the fact that the radio station was, until now, unaware of the trial would help show that the programme was made ‘in good faith’

Question 39

1. For each of the following cases, state which court would usually deal with the case. (a) An actor suing for breach of privacy after his phone was hacked by a newspaper (b) A robbery trial involving a 19-year-old defendant (c) A 12-year-old schoolgirl accused of criminal damage after scratching three cars (d) A landlord suing a builder because £7,000 of work done to repair a kitchen extension was allegedly below standard (e) A burglar appealing against the sentence imposed by a magistrates’ court

Answer 39

(a) High Court (b) Crown Court (c) Youth Court (d) County Court (e) Crown Court

Question 40

(a) One of the defences to a defamation action is ‘truth’. Set out the requirement of the 'truth' defence, and say what the standard of proof is in defamation cases. (b) If a defamation case goes to trial and the defendant loses, what as a consequence will the defendant normally have to pay? (c) Section 1 of the Defamation Act 1996 can provide a defence if an online magazine is sued for defamation because of comments posted on its website by readers. With reference to the requirements of the defence, say why a magazine wishing to use it should not moderate such comments and should remove as soon as possible a comment which is complained of as being defamatory.

Answer 40

(a) The material must be proved to be substantially true on the balance of probabilities (b) Damages The claimant’s costs Own costs (c) Defence covers anyone who is not the editor/publisher of the comment so should not moderate comments moderating a comment section can mean loss of defence because magazine becomes the publisher/editor A requirement is that reasonable care is taken, so should not moderate/should remove quickly after such a complaint Other valid points, e.g. In (a) this is that standard of proof in all civil cases [or] in (a) if the most damaging allegation can be proved true, and the damage it caused/was likely to have caused outweighs that of any unproven allegation(s), the defendant will win the case [or] in (b) the costs amount may exceeded the damages amount [or] removing such a comment quickly after a complaint is good practice anyway to reduce damages if defence cannot be used successfully [or] in (c) reference to section 5 of the Defamation Act providing a defence for material that is moderated

Question 41

Elland University, which has 15,000 students, issues a warning that a man has been exposing himself to people near a student hall of residence. The university says he has been spotted on several occasions committing this crime and that students should report any such incident to the police. A reporter working for the city’s newspaper interviews two undergraduates to whom the man exposed himself – Alexandra Smith and Mohammed Bilal. Both tell the reporter that they were shocked by what happened but agree to be photographed by the reporter at the spot where the man exposed himself in these incidents. The reporter then speaks to the police who say they are investigating these incidents but do not yet know who the perpetrator is. The reporter writes up the interviews with Smith and Bilal for the newspaper’s website, for an article due to include the photographs taken of them. What should the reporter do before this article is published to comply with the most relevant statute, and why? Your explanation should name the statute and set out what it says about publication of detail in such circumstances. (20 marks)

Answer 41

Sexual Offences (Amendment) Act [1992] As a victim/alleged victim of a sexual offence, the students have Anonymity For lifetime This means No detail likely to lead to identification should be published including [in particular, if likely to identify] Name, address, school/educational establishment, workplace, image The two students here can give written consent to be identified Must state in writing otherwise none of the 2 marks as they are aged 16 or over provided that no one has interfered with their peace or comfort to gain the consent If candidate implies/states that the anonymity/the need for such consent only applies to the female student and not the male, do not award any marks for question because this is a serious fundamental error Other valid points, e.g. No contempt issue at this time because case is not active under Contempt of Court Act 1981 [or] quoting them as students at the University without naming them would not identify them if photos pixellated, but including too many details of courses, ages, where they live could identify them (gist) [or] identifying them without written consent would breach clause 11 of Editors’ Code of Practice as well as breaching the law

Question 42

. The Independent Regulatory Commission of the Football Association is told in a private hearing that Premier League player Billy Lorimerte has been betting on his own team to lose – in contravention of a strict rule. The Commission’s findings are that this allegation is true, that Lorimerte lied to his club about this betting, and that because of the rule breach Lorimerte is banned from playing for six months. The Football Association announces in a press release what the Commission’s findings against Lorimerte are, including the punishment it imposed on him. Outside the hearing Lorimerte says: “I have done nothing wrong. The chairman of the Commission hates me and is determined to ruin my career. He is corrupt. Publish what I say about him.” Lorimerte also says he intends to sue for defamation any publication which repeats the Commission’s findings against him concerning the betting. You are a reporter for the Soccer Life website. You check with police who say there are no ongoing criminal investigations regarding the allegation against Lorimerte. You then write up for the website a report of the Commission’s findings and include in the report Lorimerte’s quotes as set out above (a) If this report is published, can Lorimerte successfully sue the Soccer Life website for defamation? Your explanation should name the most relevant defence in defamation law, and set out all its requirements. (b) Can anyone else in the above scenario successfully sue Soccer Life if such a report is published? Your explanation should refer as relevant to the defence you named in (a).

Answer 42

) Qualified privilege will protect the report if it is fair accurate published without malice Another requirement is that reasonable letter/statement of explanation/contradiction is published but what Lorimerte says of the chairman is not reasonable so does not need to be published for the defence to succeed against Lorimerte (b) The chairman of the panel could successfully sue for defamation Lorimerte’s claims outside court suggest the chairman is corrupt/unprofessional there is no defence of qualified privilege for those claims Other valid points, e.g. In (a) another requirement of the defence is that publication is in the public interest, which is met in this scenario – 2 marks only [or] in (a) or (b) explanation of how Lorimerte merely saying he has done nothing wrong is safe to publish [or] in (a) or (b) the defence comes from schedule 1 of the Defamation Act [or] in (b) to publish what Lorimerte says here of the chairman could only be defended by the ‘truth’ defence

Question 43

Police hold a press conference to appeal to the public for help in catching a suspect. At the conference Detective Inspector Johnny Revie names the suspect as John Stokes and says that detectives want to question him about a suspected murder, which was a stabbing. Det Insp Revie adds that Stokes is believed to be armed with at least one knife, and that the public should not approach him if they see him because he could be violent, but should immediately ring the police to report where he is. Det Insp Revie says too that Stokes has spent some time in recent days in France after going there after the stabbing but may now be back in the UK and that there is a warrant for his arrest. Police issue a photo of Stokes to be used by the media. A reporter writes a report of the press conference for the website she works for, including all the information from the detective inspector set out above and the photo. (a) Why is the Contempt of Court Act 1981 ‘active’ in the scenario above? (b) What does the Act say should not be published when a case is ‘active’? (c) Is it legally safe under the Act for the news website to quickly publish a report of the police conference which includes the information given there by the detective inspector and the photo? Explain, including by saying if there is a defence in the Act for such circumstances. (d) The day after the press conference police say that John Stokes has been arrested. What content from the report should now be deleted and why? (e) Can the fact of Stokes’ arrest be safely published now as regards the 1981 Act? Explain.

Answer 43

5. (a) arrest warrant made case active (b) nothing should now be published which could cause substantial risk of serious prejudice or impediment (c) there is no defence in Act But Attorney General said media will not be prosecuted for publishing material which assists apprehension by police of a suspect (gist OK) if what is published is in reasoned terms (d) Must remove photo of Stokes as visual evidence is/may be an issue/ could affect an ID parade That he is armed and could be violent [suggests bad/criminal character/is guilty] and that he may have left the country [suggests he is guilty] because potentially prejudicial/prejudicial His arrest means police no longer need media’s help on tracing him so could be prosecuted for breach of Act (gist OK) (e) Yes it is safe Other valid points, e.g. Contempt is a strict liability offence so intent not an issue [or] in (c) example of what would not be ‘reasoned terms’ [or] in (c) assurance given in Parliament in 1981 [or] in (c) has never been a prosecution of the media for such assisting material [or] good detail for any element in (d) of why publication could be prejudicial or create impediment [or] if Stokes is tried the jury will know his name/about arrest so such info is not prejudicial.

Question 44

. You work for a local publisher in Beeshome that also runs its own radio station. You receive a phone call from a police contact who tells you accurately that four students at Beeshome University have been seriously injured in a crash near the University halls of residence, involving a car and a lorry, and that all four students were in the car. That is all the contact knows. Soon after this you see on Facebook a post from a Beeshome University student which says: “We are worried about our friend Jennifer Hugo – she owns a black Volkswagen Golf car and we are worried that she has been involved in the terrible crash near the halls of residence.” Separately, a freelance photographer sends in a photo from the scene of the crash. You cannot tell from the photo what kind of car or lorry was involved because of the severity of the crash and the angle from which the photo was taken, but the car is clearly black. By the time the photo was taken the injured had been taken to hospital. Can you quickly use the quote from Facebook, as set out above, and the photo as part of a news report of the crash? Your explanation should refer to the most relevant content of the Editors’ Code of Practice or the Ofcom Broadcasting Code, setting out that content. Make clear which code you refer to

Answer 44

Quoting this Facebook post could breach Clause 4 of the Editors’ Code or these two marks can be gained by reference to breach of Section 8 of Ofcom Code As regards either code Intrusion into grief/shock could cause suffering and distress among relatives because could identify Jennifer Hugo as having been injured/died at a time when next of kin may be unaware of this Of either code There could also be such a breach in respect of the other students in the car if relatives/friends knew they were travelling with Jennifer Also wrong to include the quote because Jennifer Hugo may not have been involved in the crash Code not breached by use of photo if/because neither vehicle is identifiable [there are lots of black cars so colour alone is not an issue] Other valid points, e.g. Reference to relevant adjudication e.g. IPSO ruling on Derby Telegraph [or] should inquire with police press office if Jennifer is a victim and if the family have been informed [or] The Editors’ Code has no public interest exception for this clause about intrusion/any claim that there is public interest over-ride as regards Ofcom Code is unlikely to be upheld

Question 45

7. You are a reporter for a local newspaper. You discover that one of the victims of a recent plane crash in the United States who has been named by the authorities is a resident of a village in your patch. She had been flying back from her honeymoon after marrying her long-term girlfriend. You speak to her brother who lives nearby, after seeing that he tweeted about his grief that his sister has died. He gives you some quotes and biographical details for a story about her. He directs you to a social media website where photos from her wedding have been posted, and he suggests you copy a photo from there for your report. He says the mother of his sister’s wife arranged for a professional photographer to be at the wedding, for these photos to be taken. If you include in your report a copy of one of these wedding photos, could anyone successfully sue your newspaper for damages under the law of copyright? Your explanation should include the name of the relevant statute.

Answer 45

Copyright, Designs and Patents Act [1988] Copyright belongs to the photographer [as creator] Unless she/he is employed in which case it belongs to employer Or the partner’s parents have arranged to buy the copyright The copyright owner’s permission would be needed to use the picture/ would have to be paid, or he could successfully sue for breach of copyright The mother of the partner as commissioner of a picture taken for private and domestic purpose/occasion has moral right and therefore could also successfully sue over its use without permission Other valid points, e.g. There is no fair dealing defence for news use of pictures [or] reference to apt case e.g. Sheldon v Daybrook House

Question 46

A writer on a national women’s magazine is sent to cover the court case of fashion director Miranda Campbell who is accused of assaulting a model in a changing room during a fashion show. It is the first time the writer has been to court. Should the writer use her mobile phone to: (a) shoot video footage from outside the courthouse of the fashion director entering it before the trial begins, with the intention of uploading it to the magazine’s website? (b) shoot video footage in a corridor inside the courthouse of the fashion director talking to her lawyer, again with the intention of uploading it to the magazine’s website? (c) make an audio recording of the fashion director giving evidence to the court, to help ensure the magazine’s coverage of the trial is accurate? In your answer, state for each section which law applies

Answer 46

. (a) The Criminal Justice Act (1925) illegal to film/take pictures of a person entering [or leaving] the courthouse or in its precincts illegal to publish the pictures/film (b) Criminal Justice Act Makes it illegal Because it is inside the court’s precincts (c) Contempt of Court Act [1981] [Section 9] Illegal to audio record in court Without the permission of the court Other valid points, e.g. In (a) what the precincts are is not clearly defined in law and the reporter could check with the court [or] in (a) some courts tolerate such filming of people entering/leaving [or] shooting such footage can be regarded as contempt of court [or] in (c) court can grant permission to record if there is “reasonable need” [or] discernible reference to Angela Johnson case of reporter being prosecuted for recording /Yaxley-Lennon/Tommy Robinson case in respect of such filming

Question 47

9. A sports reporter for a daily regional newspaper writes in her weekly football column about a Premier League match. In the column she writes about the player John Brown: “Brown’s performance in this match shows he is one of the worst midfield players in the League, because in my opinion his slowness in reading the game was the main reason for both the goals his team conceded.” That is all she writes about him in this column. The newspaper’s editor reads the column before it is published and tells the reporter he too was at the match and thought Brown played well. The reporter replies: “Yes, he was the best player on the pitch and will play for England. But he is very rude about journalists, so needs to become less arrogant.” Brown reads the column after it is published and rings the editor, threatening to sue the newspaper for defamation because of what the column says. (a) What defence in defamation law can protect a reporter’s published criticism of a football player’s quality? (b) If Brown does sue the newspaper for defamation because of what the sports reporter said about him in her column, as set out above, could the newspaper successfully use the defence you referred in (a)? Your answer should set out all the defence’s requirements and state whether each is met in the above scenario

Answer 47

Honest opinion defence (b) Requirements are The piece must be recognisable as comment/opinion Here what is said of Brown is recognisable as comment/opinion because is stated to be such/of terms used [how column is displayed may also make clear it is comment/opinion] Must be based on provably true fact/facts which must be stated/alluded to as the basis for the opinion Here the fact(s) is/are that Brown played in this game and that his team conceded two goals It must be the honestly-held opinion But the defence would fail because this is not an honestly held opinion Other valid points, e.g. Defence in Defamation Act [or] to win a defamation case, Brown would also have to prove that serious harm was caused/likely to be caused by what was published

Question 48

10. A TV station receives from a source correct information that Mark McKenzie, who is a member of Parliament, has for two months been at a rehabilitation clinic being treated for alcoholism. McKenzie has not himself published any information about this. The source offers proof that this information is correct, including a photograph of 28-year-old McKenzie weeping in the private grounds of the clinic, which are surrounded by a 10ft wall. The photograph was taken without his knowledge by a visitor to the clinic. The TV station broadcasts all this information about McKenzie and the photo. McKenzie’s wife then rings the TV station, saying McKenzie will sue it for breach of privacy, because this broadcast intruded into his privacy. (a) Where in law are privacy rights are set out? (b) What criterion do judges in privacy cases use to decide whether, in the circumstances of the alleged intrusion, those rights apply? (c) If McKenzie does sue the TV station for alleged breach of privacy because of this broadcast, will he win that case? Your answer should include consideration of the criterion you set out in (b) and whether the TV station has any defence in privacy law.

Answer 48

) Article 8 European Convention on Human Rights (b) reasonable expectation of privacy (c) Normally there is a reasonable expectation that such health information will not be published Also, because the picture was taken in private property [which would not be visible from public areas], there is a reasonable expectation of privacy as regards the photo [and because it shows him in distress] The TV station could/could successfully argue it was in the public interest to reveal that McKenzie is suffering from alcoholism because his condition stops him fulfilling his duties as an MP but broadcast of the photo would not be covered by public interest defence Other valid points, e.g. [or] apt reference to Campbell case or other apt case [or] TV station would/could argue that its Article 10 rights should also be considered [or] may be best if report did not reveal which clinic this is, because that is not in the public interest and could be ruled to be a breach of privacy because could have interfered with the MP’s treatment/rehabilitation there if some staff/other residents there/visitors did not know he is an MP (gist OK) [or] publication of photo would breach Ofcom code

Question 49

11. A magazine journalist receives a letter from an employee of the local council who gives her information about plans by the council to cut spending on disabled services in the area. The source, who says he is disabled himself, claims that the cuts will break the council’s legal obligations on the level of services it is required to provide. The source provides a mobile number for her to contact him on so that they can meet so that they can meet and he can pass on more information, but adds in the letter: “Please make sure I am not identified.” He says that the council are already suspicious about leaks and have discussed with the local police what they could do to stop leaks of information. (a) State what the Editors’ Code of Practice or the Ofcom Broadcasting Code says about protection of sources of information. Make clear which code you are referring to. (b) Name a journalist who refused to disclose to a judge, the police or a tribunal the identity of a source of information (c) What part of the European Convention on Human Rights should a journalist cite to a court which is considering whether to make an order to compel them to reveal the source of information? (d) In the scenario above, give two examples of steps the magazine journalist could take to protect the identity of the source as regards arranging a meeting with the source or as regards the content of a report based in the information provided by this source.

Answer 49

[Clause 14] of Editors’ Code Journalists have a moral obligation to protect confidential sources Gist acceptable for two of these marks but moral/morally must be present for all four Or [Section 7/Fairness section] of Ofcom Broadcasting Code Guarantees given relating to confidentiality/anonymity should normally be honoured Gist acceptable for two of these four marks but honoured must be present for all 4 (b) E.g. Bill Goodwin/Suzanne Breen/Brendan Mulholland (c) Article 10 (d) For any of the following, or any other apt example, three marks for each example up to a maximum of 6 marks * Journalist could destroy letter * Should not use usual phone to contact source but use a nontraceable/pay as you go phone * Should not carry the usual phone with the normal phone because this could lead to the other phone being associated with him * Meeting venue should be private * Meeting venue should not be covered by CCTV * Should not email him * Should not contact him by social media * Should not visit him at a place where the visit could draw attention to him * Should not Google his name from any computer that could be linked to the journalist * Should avoid using usual car for travel * the report should not provide any clue likely to reveal the source’s identity, e.g. that he is disabled himself Other valid points, e.g. In (a) example of breach of code e.g Burnley mortuary case [or] in (b) good detail of the case cited [or] in (c) Article 10 protects the right to impart/receive information [or] in (d) example given of real case in which such a step was used or should have been used, or detail/example of surveillance powers of police/intelligence services which necessitates the step

Question 50

(a) Explain what the following terms mean in a civil law case: (i) claim form (ii) (ii) claimant (iii) settlement (b) Are juries used in civil trials? Briefly explain. (c) Does a county court deal with civil cases or criminal cases? (d) There is a general right of privacy set out in an international convention which the UK has incorporated into its own law. What is that convention?

Answer 50

1. (a) (i) Document which initiates case when lodged with/issued by court/sets out allegation/detail of claim (ii) the person who is suing (gist OK) (iii) when there is no trial because a deal has been reached by the parties (gist OK) (b) Only in some types of case Such as malicious prosecution/wrongful arrest/wrongful/false imprisonment/fraud Or these 2 marks to be awarded if a candidate says the presumption in law is that in most types of case is there will not be a jury (c) Civil cases (d) European Convention on Human Rights

Question 51

2. The Treswick Bugle newspaper publishes online an exclusive interview with a local climber John Aldriche about how this week he survived a 100 metre fall from a mountain because he landed in a snow drift. The editor of the Treswick Courier – a rival to the Bugle, which has different owners – tells one of her reporters he must write an article now about Aldriche’s fall and survival. The editor tells the reporter: “Do this by using the best quotes from the Bugle article but don’t mention where they came from.” When the Courier publishes this online article it has 600 verbatim words of Aldriche’s quotes, copied from the Bugle’s article. (a) What is the name of the main statute in copyright law? (b) What is the name in that statute of the defence most relevant to news reporting? (c) From detail given above, say whether the Bugle would win damages if it sues the Courier for breach of copyright because of the content of the Courier’s article about Aldriche. Your answer should explain whether the defence you name for (b) would protect the Courier in such circumstances, giving reasons. (d) Before finishing the Aldriche article, the Courier reporter found on the internet a photo of Aldriche showing him at a family wedding, taken by a commercial photographer. The reporter includes a copy of this photo in the article, and did not ask anyone’s permission to do that. Under the statute you named in (a) can anyone successfully sue the Courier for damages for use of the copy of that photo? Explain, including by reference to the defence you named in (b).

Answer 51

(a) The Copyright, Designs and Patents Act [1988] (b) Fair dealing for the purpose of ‘current events’ (must be these exact words for both these marks, and ‘current’ must be present for 1 of these marks) (c) Bugle will win/Defence will not protect because too much copied/used Defence requires [sufficient] acknowledgement of copyright holder and this is not present (d) Defence will not protect because it does not cover still photos Copyright owner could successfully sue which is/likely to be the photographer [as ‘author’/creator] Commissioner owner could successfully sue as has moral right because photo created for private and domestic purpose Other valid points, e.g. In (c) extent of copying here is unfair because it reduces the commercial value of the Bugle’s content [or] in (c) copyright exists in the Bugle’s text/notes because of the skill and labour involved [or] in (c) use of the ‘best’ quotes add to the substantial nature of the copying, and so to the infringement of copyright [or] in (d) possible that photographer assigned the copyright to someone else/the commissioner

Question 52

3. (a) Under the Contempt of Court Act 1981 a criminal case becomes ‘active’ if there is an arrest or the suspect is told he or she is charged. Give two examples of other events which make a criminal case ‘active’. (b) What does the Act say must not be published about an ‘active’ case? (c) Why might the law you set out for (b) be broken if a news organisation, reporting on a robbery after the case becomes ‘active’, publishes a description – given by someone who says they saw the robbery – that the robber had long, brown hair and a tattoo of an anchor on his left arm? (d) A criminal case may cease to be ‘active’ for one of several reasons. Does a case cease to become ‘active’ when: i) a suspect who was under arrest is not charged and is released on police bail? ii) a suspect who was under arrest is not charged and is not under police bail but is released ‘under investigation’? iii) when a jury has found the defendant guilty?

Answer 52

3. (a) Two marks for each of the following to a maximum of 4 marks Issue of arrest warrant Written charge/indictment served Summons issued (b) Anything which creates substantial risk of serious prejudice or impediment (c) Could create prejudice by affecting visual identification evidence from another witness e.g. in an identity parade (d) (i) still active (ii) still active (iii) still active But in reality no danger of creating prejudice to sentencing because judge will not be influenced by media Other valid points, e.g. In (c) clarity in explanation that publishing this description could contaminate memories of/influence testimony of another witness and so could either lead to an unfair conviction or mean a guilty suspect is not convicted [or] in (c) publishing detail from a witness may mean he or she is less likely to honestly retract any such detail [or] in (d) (iii) becomes active again if appeal lodged

Question 53

4. An online magazine which covers celebrities’ lives invites readers to post comments to appear under the articles. Under a feature about TV actress Jean Urbutt a reader has posted this comment: “Urbutt is horrible to TV studio staff. She is hated by most people she works with.” Urbutt’s agent rings the magazine’s editor, draws her attention to the comment, and says that Urbutt is going to sue the magazine for defamation because of this comment. Can Urbutt successfully sue the magazine for what the comment says? Explain, including by stating: (a) what is the most relevant defence in defamation law as regards readers’ comments, and what that defence says. (b) whether under the law you named in (a) it is best if journalists do not check readers’ comments before they appear online. (c) what the editor should do now, in view of what is said in the law you referred to in (a).

Answer 53

(a) Section 1 Defamation Act [1996] says organisation/person is not liable if is not author, editor/publisher of the defamatory material if took reasonable care and did not know had no reason to believe that caused/contributed to the defamatory matter being published/it has been published or these 8 marks can be gained by saying Regulation 19 of Electronic Commerce Regulations [2002]/ implementing European Union directive says organisation/person is not liable if did not know that a reader had posted a defamatory comment (b) (Of either defence above) Best not to check/moderate comment for defence to succeed because if checked/moderated the website will/could be deemed to be its editor/publisher/aware of its defamatory/unlawful content (c) This comment should be removed promptly [expeditiously] for defence to succeed [or if it is not in place, to limit damages] because the website will from now on be deemed to be its editor/publisher/aware of its defamatory/unlawful content/have not taken reasonable care Other valid points, e.g. If answer has relevant detail of both section 1 and Regulation 19 [or] without a defence described above, only defence available is ‘truth’ which may be problematic to run successfully [or] if answer refers discernibly and accurately to any extent to nature of section 5 defence in Defamation Act 2013 [or] apt definition of defamatory statement applied to the comment, to explain its defamatory nature [or] to win, Urbutt would need to prove comment caused serious harm to her

Question 54

5. The TV actress Jean Urbutt makes her first appearance in any theatre role when she plays Lady Macbeth in a new production of Shakespeare’s Macbeth drama. A critic watches her in the first performance of this production. His review of it when broadcast on a national radio station includes the following words: “My advice to Jean Urbutt’s TV fans is not to buy tickets for this production. Lady Macbeth is supposed to have become insane, I did not have any feeling when watching that scene that this character had lost her mind. Urbutt seemed too predictable in her movements, and too rehearsed.” Every other review of that evening’s production praised Urbutt. Can Urbutt successfully sue the radio station for defamation because it published the words set out above? Explain, by naming the defence in defamation law which protects reviews, and by saying if all its requirements are met in the above scenario

Answer 54

Honest opinion Urbutt cannot sue successfully because defence is in place here Requirements are must be honestly-held opinion presumably is/is here and recognisable as opinion First person voice/‘in my view’/’for me’/’seemed’ here establishes this is an opinion/comment piece Must be based on provably true fact which must be stated/alluded to indicate basis of opinion Fact is here referred to – that is, Urbutt was in this production Other valid points, e.g. Defence is in Defamation Act [or] does not matter if everyone else praised Urbutt’s acting

Question 55

A journalist hears rumours that last month a Government Minister instructed officials to include a businesswoman in a party of leading UK company executives which this month went on a trip to China, subsidised by the Ministry, to seek trading opportunities for their companies and so to help increase UK exports. Reliable sources in the Ministry tell the journalist that the businesswoman’s company is so small that – according to the Ministry’s usual criteria – she should not have been invited on this subsidised trip, but that the Minister intervened so she could go. He went on it too. The journalist rings the Minister and then the businesswoman, at their places of work. In these calls the Minister says he did not intervene for her to go on the China trip, and both deny they are lovers. The journalist then tracks down the businesswoman’s ex-boyfriend Henry Argost. He tells the journalist that last week he ended his relationship with the businesswoman after discovering text exchanges on her private phone, which Argost has copied and shows the journalist. In these genuine texts between the businesswoman and the Minister they reminisce in intimate detail of sex they have enjoyed with each over the last three months, including when on the China trip. If the journalist’s media organisation publishes a report about the Minister’s affair, which includes what these phone texts say, and about his alleged intervention for the businesswoman to go on the China trip, would that breach the Editors’ Code of Practice or the Ofcom Broadcasting Code as regards protection of privacy? Your answer should start by setting out what the relevant code says about protection of privacy, including by setting out the criterion in it which the relevant regulator would use – if the Minister or businesswoman complained about such a report - to assess if it breached their personal privacy. Make clear which code you refer to.

Answer 55

Editors’ Code says Everyone is entitled to respect for private life (gist OK) [including home and health] and correspondence [including digital communications]/texts are part of private life [or above 3 marks gained by] Ofcom Code says: Normally personal privacy must be respected/infringement of privacy must be justified/warranted (gist OK) People in the public eye [and their friends] retain the right to a private life, or any other apt detail from the code’s section 8 on norm of privacy protection Criterion in code is whether in the circumstances the person has reasonable/legitimate expectation of privacy Minister and businesswoman have/would normally have that expectation/code protection as regards text content/the affair But Minister’s intervention to get her onto China trip/his special treatment of her in this respect at public cost means public interest justification applies But should not publish explicit/too much detail of sex from the text [would not be proportionate] Other valid points, e.g. Ofcom code says private behaviour can raise issues of legitimate public interest [or] code includes specific, public justification to expose incidence of public being misled, and Minister’s/businesswoman’s denial of affair was an attempt to mislead (gist OK) [or] mention of any other specific, publication justification applying from from Editors’ Code, e.g. disclosing unethical behaviour/failure to comply with obligations, etc

Question 56

7. A group of residents is campaigning against Koshinge Ltd’s plans to build 700 houses on what is now farmland. Brogton council approves these plans at a meeting. Within hours the residents’ group holds a public meeting in a church hall near where Koshinge plans to build the houses. At this public meeting Sheila Khan, chair of the ‘Say No to Koshinge’ group says: “Earlier today at the council meeting Councillor Albert Hendrick spoke strongly in favour of and voted for Koshinge Ltd’s plans for a huge housing estate. But he did not reveal that for a year he has been living in a house which Koshinge has gifted to him. We discovered this in the last three hours. By failing to declare this massive gift from Koshinge at today’s meeting, Hendrick has breached the council’s code of conduct and shown himself to be very corrupt.” In a report of the public meeting, Brogton’s daily newspaper publishes what Khan said about Hendrick there, as set out above. Nothing else was said about him at that meeting. In a phone call to the newspaper’s editor, Hendrick says he will sue it for defamation because that report published that quote from Khan. The only other thing Hendrick says in the call is: “To reduce the defamation damages which you will have to pay me you must publish what I say now about Koshinge planning application, which is that I have acted honestly at all times in my council duties.” If Hendrick does sue the newspaper for defamation in these circumstances, will he win that case? Your explanation should name the most relevant defence in defamation law and set out what that defence requires

Answer 56

Qualified privilege will protect the newspaper’s report because this covers reporting of public meetings if the report is fair accurate on matter of public interest/published for public benefit which this issue is published without malice and must publish reasonable statement/letter of explanation/contradiction so must publish Hendrick’s reply to have this defence Other valid points, e.g. Schedule of Defamation Act provides this defence [or] some detail from legal definition of public meeting [or] if Koshinge offers a reply that should be published too because it/its directors/owners are defamed by this allegation [or] Hendrick/Koshinge/its directors/owners could successfully sue Khan if this allegation is untrue

Question 57

8. A feature writer attends a Crown court trial in which a businessman is accused of offences under the Modern Slavery Act 2015. The charges state that he allegedly transported men to the UK to work on farms and allegedly threatened them with violence if they wanted to leave or asked for better wages. The judge does not make any order affecting reporting of the case. (a) Because her shorthand is poor, the feature writer plans to use her mobile phone in the courtroom to record what is said in the trial. What advice should be given to her about this plan, referring to the most relevant law? (b) After the businessman is convicted in the trial the feature writer interviews one of the men who was a victim in that case. Can that man be named in a published feature about the case? Explain, including by saying what the most relevant law is and setting out what it says about publication of detail.

Answer 57

Illegal to record in court without judge’s permission under [section 9] Contempt of Court Act Man has lifetime anonymity Under Sexual Offences (Amendment) Act [1992] No detail which identifies him/is likely to identify him can be published including [if likely to identify] address educational institution workplace still/moving image (no mark for name) But can identify man if he gives written consent Other valid points, e.g. In (a) court rules say that the court can give permission to record if there is ‘reasonable need’ [or] in (a) penalty could be jail or fine [or] in (a) discernible reference to real life example of Mail on Sunday writer Angella Johnson In (b) for written consent to be valid there must be no interference with man’s peace or comfort to gain it [or] in (b) must be aged 16 or over to give consent

Question 58

9. A journalist receives emails from people who allege that Mark RillingtonSmythe tried to persuade them by phone to send him money to invest on their behalf in a scheme to buy diamonds, which – they say – he promised to store securely for them. The journalist discovers that Rillington-Smythe is not legally authorised to give such investment advice, and has a fraud conviction. The journalist asks her editor if, posing as a potential investor, she can phone Rillington-Smythe to ask about this diamond scheme, without revealing that she is a journalist, with her aim being to gather evidence to publish a warning if he is promoting such a scheme. (a) If the editor allows her to make such a phone call to RillingtonSmythe, will that tactic be unethical? Refer to what either the Editors’ Code of Practice or the Ofcom Broadcasting Code says about such conduct, including by setting out the relevant code content. Make clear which code you refer to. (b) If the journalist does make that call, and if Rillington-Smythe – having discovered her real identity – complains to Ipso or Ofcom that she lied in the call by failing to say she is a journalist, what would the relevant regulator expect the editor to produce to justify his decision to authorise the call? Your answer should include reference to what the code says in this regard.

Answer 58

. (a) Editors’ Code of Practice [Clause 10]/Ofcom code [section 7] bans deception/subterfuge/misrepresentation unless justified/warranted in public interest and information could not [reasonably] be obtained by other means [which would be the case here, because if journalist made an open approach Rillington-Smythe would be likely to deny allegations/not say what he normally does to potential investors] 2 marks for any point which aptly states the nature of the public interest justification, e.g. * protecting public from being misled – by his failure to give proper advice/to reveal he is not authorised to give such advice * detecting/revealing crime - that is, breach of consumer/financial law/potentially fraud * revealing failure to comply with obligation – his lack of authorisation as an investment adviser 2 marks if for any such ‘public interest’ category the candidate says correctly that code (either) lists that category/would cover it even if not listed specifically (b) Editor would need to show regulator emails of complaint about Rillington-Smythe evidence that he was not authorised to give investment advice evidence of his fraud conviction to demonstrate [with prima facie evidence] reasonable belief that public interest exception applied/tactic justified Other valid points, e.g. In (b) editor should show record/audit trial of how/when decision reached [or] in (b) purpose is to avoid “fishing” expeditions

Question 59

0. A journalist’s uncle, who works in a bank’s headquarters as a manager, arranges to meet him in a café and there gives him a copy of an internal memo headed: “For directors only: Confidential”. Written by the bank’s chief executive, and dated as being created two days ago, the memo says: “Criminals hackers are exploiting a flaw in our software to steal, via the internet, amounts of up to £60 from thousands of our customers’ online accounts. In such an account, the theft falsely appears as if the customer made a withdrawal from a cash machine. All such customers will be reimbursed if they can convince us they did not make the disputed withdrawal. We’ll make a public announcement about this next week, when we are sure the flaw has been fixed.” The uncle tells the journalist: “Publish what this memo says. But don’t tell anyone I gave it to you, or I will be sacked.” The journalist rings the bank’s press office and asks for comment on what the memo says. An hour later a press officer rings back and tells the journalist: “If your media organisation publishes any of the memo’s contents the bank will sue it for breach of confidence. This leaked memo does not give the full picture.” The press officer refuses to make further comment. (a) If the media organisation which employs the journalist publishes a report now on the memo’s content, and if as a result the bank sues it for breach of confidence, what criteria will the judge in that case consider to decide if there has been a breach of confidence? (b) If there is such a lawsuit for breach of confidence, does the media organisation have a defence? Explain. (c) If the bank demands that the media organisation reveal to it who gave the journalist the copy of the memo, should the media organisation do that? Explain by setting out that most relevant content in either the Editors’ Code of Practice or the Ofcom Broadcasting code. Make clear which code you refer to.

Answer 59

10. (a) The judge would consider if the material has the “quality of confidence” (gist ok) Such a memo for directors would be/likely to be ruled as having this [‘confidential’ heading makes such a ruling more likely] Judge would also consider if material was communicated in circumstances where there was an obligation/duty of confidence on who received/disclosed the information (gist OK) Uncle would have such duty of confidence as employee Judge would consider if [unauthorised] publication would be damaging to the company/to its detriment This criterion would be met in this case because reputational/ financial damage to company’s image/recruitment of customers (b) The media organisation would have defence of public interest in view of threat to customers’ money/accounts (c) Should not reveal source’s identity Editors’ Code of Practice - journalists have a moral obligation to protect confidential sources of information (If terms moral/morally not used then only 2 of these 3 marks to be given but otherwise gist OK) Or the above 3 marks can be gained as follows as regards the Ofcom code: Pledges given to contributors/sources relating to confidentiality should normally be honoured. If term honoured/honour not used, then only 2 of these 3 marks to be given but otherwise gist OK, even if ‘normally’ element not present Other valid points, e.g. In (a) example of use of these criteria in a case [or] these criterion being from Megarry/Coco v A N Clark [or] in (b) example of public interest defence prevailing, e.g Lion Laboratories/Watford Observer [or] in (b) that the bank expects customers to convince it that they are not at fault as regards the money stolen is unfair and needs exposure [or] in (c) example of a journalist refusing to identify a source, e.g. to police, a court or tribunal

Question 60

Researchers in a TV documentary team have been working for months preparing a programme on cruelty suffered by animals, including pigs, in factory farms. The footage includes animal rights activists calling for the law to be changed to ban such farming methods. The programme’s content includes too references to several such farmers being convicted in recent years of offences of cruelty to animals. One day before the programme is due to be broadcast on a national channel, the documentary team discovers that two days ago in Manchester Crown court a trial began in which two farm managers are accused of being cruel to pigs at a factory farm, and that the trial is expected to last for two weeks. Neither farm manager has any previous convictions. As regards the Contempt of Court Act 1981, can this programme be safely broadcast on that channel before this trial ends? In your explanation set out what the most relevant defence in the Act says. (20 marks)

Answer 60

The programme can be safely published as originally scheduled if it does not refer [prejudicially] to this trial The defence [section 5 of Act] says it is legal to publish a discussion of public affairs [of other matters of general public interest] if this is published in good faith and if the risk of prejudice [or impediment] is merely incidental to the discussion (award 1 of these 2 marks for gist) Other valid points, e.g. The defence would only be needed if the programme created a substantial risk of serious prejudice/impediment [or] apt and accurate, discernible reference to either of the contempt prosecutions arising from the Daily Mail or Sunday Express’s articles published during the murder trial of Dr Leonard Arthur – see McNae’s [or] the fact that the documentary team was until now unaware of the Manchester trial being due to begin would help show they made and scheduled the programme ‘in good faith’ [or] the case is ‘active’ – 1 mark only

Question 61

(a) Name the court which would usually deal with a defamation case (b) Name the court which would usually deal with a thief appealing their conviction at magistrates court (c) What is the name, single or collectively, for a barrister or group of barristers? (d) What one word would sum up a court order preventing someone from publishing an article? (e) Give an example of a tort

Answer 61

(a) High court (2 marks) (b) Crown court (2 marks) (c) Counsel (2 marks) - no marks if spelled council (d) Injunction (2 marks) (e) Apt example e.g. libel, privacy, copyright, breach of confidence, medical negligence (2 marks)

Question 62

Answer questions (a) to (c) below. (a) Name the international treaty from which privacy law in the UK derives, and which part of it covers privacy. (b) What is the criterion a judge would use to decide whether a person suing a media organisation for an alleged breach of their privacy under the treaty you named in (a)? (c) For each of the following scenarios, on the basis of the information given, say if the individual would be likely to win a privacy case if they sued the media organisation involved because of what was published. In your explanation for each answer, apply the criterion you referred to in (b). i) Police arrest climate change campaigner Josh Holland during a protest outside the Houses of Parliament. He is among hundreds of protestors gathered outside on the pavement and among several arrested for public order offences. A TV station broadcasting live footage of the protest shows Holland being handcuffed and led away to a police van. ii) Police have arrested pop star Mikey Taylor over allegations of sexual assaults made by fans. A national newspaper reporter is leaked this true information by a contact. Police and the singer’s representatives refuse to comment when contacted by the reporter. (25 marks)

Answer 62

(a) Article 8 (2 marks) European Convention on Human Rights (4 marks) (b) Whether the person has Reasonable expectation of privacy (3 marks) (c) i) Holland unlikely to win case (2 marks) Because he does not have a reasonable expectation of privacy (3 marks) As arrest in public place / seen by hundreds of people at protest (2 marks) ii) Taylor likely to win case (2 marks) Because he does have a reasonable expectation of privacy (3 marks) in respect of the police investigation Other valid points e.g. (4 marks) In (a) correct wording of Article 8 [or] ECHR embedded in UK law under Human Rights Act 1998 [or] in (c) ii) Taylor might not win the case if subsequently charged [or] in (c) ii) mention of case law that a person under an ongoing police investigation has a right to privacy in respect of that e.g. Cliff Richard / Alaedeen Sicri

Question 63

Pop star Mikey Taylor from the previous question is subsequently charged with three sexual offences. (a) Under the Contempt of Court Act 1981, when did his case become active? (b) When a case becomes active, what does the statute say you must not publish? Use the relevant wording of the Act. (c) When a criminal investigation is active, why might the Act be breached if a media organisation publishes a detailed physical description or photo of the person under investigation? (d) There is a defence under section 3 of the Act. Using the language in the act, explain in what circumstances will that defence apply and what practical steps would you take to ensure you could use it when covering a crime story? (20 marks)

Answer 63

(a) When he was arrested (2 marks) (b) Nothing can be published that causes Substantial risk of serious prejudice or impediment (5 marks) (c) When visual identification could prejudice the investigation (2 marks) e.g. influence witnesses / affect an identity parade (1 mark) (d) Having taken all reasonable care (3 marks) – only award if “reasonable” used did not know that relevant proceedings were active (3 marks) Check with police if arrest made / keep notes of this (2 marks) Other valid points e.g. (2 marks) In (a) other circumstances in which a case becomes active (one mark only) [or] any suitable case study e.g. Sun prosecution for influencing a jury

Question 64

The pop star Mikey Taylor, from the previous questions, is convicted by a majority verdict after a trial. After the case has concluded, one of the jurors approaches a court reporter saying: “I didn’t agree with the verdict. In my opinion, it is an unsafe verdict. I’m happy to go on the record and be interviewed about why I think Mikey Taylor is innocent.” Legally, can the journalist interview the juror about such matters and publish such an article if: (a) The juror is named in it? (b) The juror is given anonymity in the article? Your answer should name the most relevant statute, and set out what it says in its most relevant part. (20 marks)

Answer 64

(a) No it's illegal (2 marks) [Section 20D] Juries Act [1974] (2 marks) to seek / solicit (2 marks) Disclose / publish (2 marks) Statements made (2 marks) Opinions expressed (2 marks) Arguments advanced (2 marks) Votes cast (2 marks) by jurors during their deliberations (b) This is still illegal (2 marks) Other valid points e.g. (2 marks) In (a) this journalist would break this law by seeking if she carried out the interview [or] It is also/possible contempt of court [or] penalty is up to two years jail and/or unlimited fine [or] discernible reference to 2009 case of The Times/Seckerson breaching confidentiality of jury deliberations If the candidate for (b) says or implies that the feature is safe to publish if the juror is not identified, do not award any marks for the answer as a whole, because that would be a fundamental error

Question 65

One of pop star Mikey Taylor’s victims was 14 years old. She is now 15. The court did not make any order affecting reporting during the trial, in which the girl gave evidence for the prosecution. After Taylor is jailed for two years, the girl’s mother approaches a media organisation saying she is happy for her daughter to be interviewed and photographed about her ordeal in the hope it will empower other teenagers to come forward if they are subject to sexual assault. (a) What is the most relevant statute as regards what you can include in such a report in this scenario and what does that law specify regarding identification of such a victim? You should set out what the relevant content of the statute says about publication of detail.

Answer 65

(a) Sexual Offences (Amendment) Act [1992] (2 marks) Gives victims anonymity (1 mark) during their lifetime (1 mark) no identifying detail can be published (1 mark) including [if likely to identify] (4 marks) address school /educational establishment workplace still/moving image (no mark for name) Victims can give written consent (1 mark) to be identified

Question 66

A media organisation is using the truth defence to defend a defamation case. They are being sued by a footballer over claims he was involved in a fight outside a nightclub the evening before a crucial match. (a) What must a media organisation relying on the truth defence prove about the allegations it is being sued over? Your answer should include the legal standard of proof used in civil courts. (b) Give two examples of proof that the media organisation could rely on in court? (c) Even if a journalist has a cast-iron truth defence, why might a publisher choose to settle rather than defend the case in court? Give two reasons. (15 marks)

Answer 66

(a) Must prove the allegations are “substantially true” (3 marks) On the balance of probabilities (2 marks) (b) Two marks each to a maximum of four for apt examples e.g. (4 marks) CCTV / phone footage of the fight Statements from witnesses to the fight Confession from footballer (c) Three marks each to a maximum of six for apt examples e.g. (6 marks) Availability / willingness of witnesses to give evidence Reliability of witnesses and likelihood of their evidence being believed by a judge Publishers who lose their case are likely to pay higher damages than if they settled earlier Publishers will have higher legal costs if they go to court rather than settling Publishers who lose are likely to be ordered to pay the claimant’s costs No other valid points for this question.

Question 67

A journalist from the Daily Chronicle obtains an exclusive interview with MP Patrick Hughes who, a week earlier, survived a plane crash on his way home from holiday. He describes, for the first time, how he helped other survivors escape the plane and gave first aid to many until paramedics arrived at the scene. The interview, which includes 400 words of direct quotes from Mr Hughes, is published by the newspaper. Within hours, a rival news website News4All publishes an article which is almost identical to your story and contains all the direct quotes which they have taken from the Daily Chronicle story. Only the intro has been changed. Read the information on the left and answer questions (a) to (d) below. (a) What is the name of the main statute in copyright law? (b) What is the name in that statute of the defence most relevant to news reporting?

Answer 67

(a) Copyright, Designs and Patents Act [1988]. (3 marks) (b) Fair dealing (2 marks) for the purpose of reporting ‘current events’ (2 marks) (must be these exact words for both these marks, and ‘current’ must be present for 1 of these marks) (c) Newspaper will win / defence will not protect because too much copied/used (2 marks) Defence requires [sufficient] acknowledgement of copyright holder and this is not present (2 marks) (d) Defence will not protect because it does not cover still photos (2 marks) Copyright owner could successfully sue (1 mark) which is/likely to be the photographer [as ‘author’/creator] (2 marks) If there was a commission for the photo, commissioner could successfully sue (2 marks) as has moral right (2 marks) because photo created for private and domestic (2 marks) purpose Other valid points e.g. (3 marks) In (b) extent of copying here is unfair because it reduces the commercial value of the newspaper’s exclusive content [or] in (c) copyright exists in the newspaper’s story because of intellectual input/creative choices involved in writing it [or] in (c) use of the ‘best’ quotes add to the substantial nature of the copying, and so to the infringement of copyright [or] in (d) possible that photographer assigned the copyright to someone else/the commissioner [or] in (d) if photographer was employed, the employer will/could own copyright [or] Reference to real case of breach of copyright/use of the defence

Question 68

A reporter is asked by their editor to obtain exclusive interviews with some of the survivors of the plane crash from the previous question. He tells the reporter: “Paula Jennings is one of the survivors. We knocked on her door yesterday and she told us in no uncertain terms that she didn’t want to talk to us. We phoned her an hour later, but she still didn’t want to comment. But she might have changed her mind overnight, so go and knock on her door now.” (a) Should the reporter do what the editor has asked? (b) Donna Ali, the wife of another survivor of the crash, rings the newspaper to say: “My husband Jonny escaped with two broken ankles and concussion. Why not come to the hospital ward today and interview him? I’m sure he would be happy to talk to you, even though he’s still a bit woozy from a head injury.” Should you now do what Donna requests? Your answers to both (a) and (b) should refer to the most relevant content of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you refer to. (25 marks)

Answer 68

(a) Would breach code if reporter door-knocked her again (of either code). (4 marks) She has made clear she will not comment (3 marks) Editors’ Code says Should not persist in phoning if person has asked news organisation/reporter to stop/desist (4 marks) [this is Clause 3]. Or the above 4 marks can be gained as regards the Ofcom Code by the following: Ofcom Code says that if an individual’s privacy is being infringed and they ask that filming/recording/live broadcast be stopped the broadcaster should stop, [this is section 8] [Ofcom would/could regard what she said in first call about not being recorded applied to second call too] (b) Clause 8 of Editors’ Code/section 8 of Ofcom Code (1 mark) says must get permission of hospital management to interview a patient [visit non-public area of hospital] (4 marks) This is because the husband may not be well enough to make the decision about interview (3 marks) Would breach his [and other patients’] privacy if visit ward without consent (3 marks) Other valid points e.g. (3 marks) Patients have reasonably expectation of privacy there [or] in (b) public interest exception not strong enough in this scenario to override code’s normal rule on hospitals. [or] in (b) fact the husband has concussion would suggest he is not well enough to be interviewed

Question 69

You are a health reporter and are sent a press release from the General Dental Authority (GDA) which accurately details what happened at its disciplinary hearing involving dentist Nathan Wilson. After a three-day hearing, the panel found that Wilson showed “reckless disregard” for patients, offering them expensive unnecessary treatments. The press release states: “Mr Wilson is a cruel man who put some patients through months of agony so he could fund his gambling addiction.” He was disqualified from practising for life. You write a report for your news website based on the release, including the above quote. The day after the report is published, Wilson rings your editor and tells her he will sue for defamation. He adds in this call: “I want you to publish this statement from me. If you do, it will help reduce the defamation damages you will have to pay me: ‘I admitted to the hearing that sometimes I was overly concerned and recommended treatment which perhaps a patient didn’t need. But I always had the care of my patients at heart. I presented the panel with several glowing testimonials from my patients. And while I like the occasional bet on the horses, I do not have a gambling addiction. ‘Jonah Smith, one of the panel members, was determined to end my career. He has a dental practice not far from mine, and will benefit financially now I have to close down.”Read the information on the left and answer the question below. Can Wilson successfully sue the website for publishing the press release? Should the website publish his statement? Your explanations should name the most relevant defence in defamation law, and state as regards the scenario on the left whether each of the defence’s requirements are or can be met. (20 marks)

Answer 69

Qualified privilege (2 marks) will protect the newspaper’s report because this covers reporting of disciplinary hearing of British Dental Authority (2 marks) if the report is fair (1 mark) accurate (1 mark) on matter of public interest/published for public benefit (1 mark) which this issue is (1 mark) but must publish reasonable statement/letter (2 marks) of explanation/contradiction (2 marks) so must publish first par of Wilson’s statement about his happy patients/ denial of gambling addiction (2 marks) to have this defence but should not publish the panel member being biased against him / having financial motive. (2 marks) as it is not reasonable/it is defamatory (2 marks) Other valid points, e.g. (2 marks) Schedule of Defamation Act provides this defence [or] the disciplinary tribunals of regulated professions have powers derived from statute [or] another requirement of the defence is that it is published without malice [or] there is no privilege protecting publication of Wilson’s reply [or] the members of the tribunal panel could sue because he is implying corruption/lack of professionalism If candidate says or implies you can publish the defamatory comments by Wilson against the panel award a maximum of 9 marks for the whole question

Question 70

Instagram influencer Vicki Atherton, better known as @Sassystyling, has launched her own range of beachwear and has been posting about it to her 3.5 million followers. A fashion journalist for a glossy monthly magazine is sent free samples of some of the products to try. Her review in the magazine says: “Sorry, but it’s less sassy and more unclassy from me. The bikinis are ugly, fit badly and the colours clash. Don’t believe the hype – I wouldn’t waste my money.” An angry Vicki Atherton rings the magazine’s editor, threatening to sue for defamation over the review text set out above. She says she sent the samples for free expecting positive editorial coverage, and that other fashion journalists had praised the products. Can Atherton successfully sue the magazine for defamation because of the review text set out above was published? Explain, naming the most relevant defence in defamation law. Your explanation should set out all the defence’s requirements and say if they are all met in this scenario.

Answer 70

QUESTION A The magazine will have the defence of Honest opinion (4 marks) Requirements are It must be recognisable as opinion / comment (2 marks) Which this review is due to use of first person e.g. “me” and “I” (1 mark) Must be based on a provably true fact / privileged material (2 marks) No malice (1 mark) Opinion expressed must be Honestly-held (3 marks) There is no reason to think this is not the journalist’s honest view (1 mark) Defence will therefore succeed / she cannot successfully sue (3 marks) Other valid points, e.g. (3 marks) In order to successfully sue, Atherton would have to prove she suffered or was likely to suffer “serious harm” to her reputation / serious financial loss to her business [or] Fact other journalists praised products is irrelevant [or] Fact samples were sent free is irrelevant / does not guarantee positive review [or] Probably true fact must be alluded to, which it is here

Question 71

A journalist is contacted by several disgruntled workers from a local branch of a fast food burger chain who say they want to expose the “disgusting” behaviour of their manager who regularly bullies staff and has made racist remarks about customers. They were shocked when he recently won a “local business owner of the year” award from the council and was praised for his happy workplace. The workers say the restaurant is always advertising for staff and suggest the journalist gets a job there to witness what really happens. After speaking to her editor, the journalist successfully applies for a serving job, falsely claiming she has done similar work before and providing false references. She does not reveal she is a reporter. The journalist works at the burger bar for a week and secretly films the manager threatening and swearing at staff, and making racist comments about customers. After the undercover investigation is published, lawyers representing the manager complain that the undercover investigation was unethical and demand an apology. Has the journalist acted unethically? Answer by referring to the most relevant content of either the Editors’ Code of Practice or the Ofcom Broadcasting Code. Make clear which code you are referring to.

Answer 71

Answer for either code Code generally bans use of deception/subterfuge/misrepresentation (2 marks) clandestine devices / hidden cameras (2 marks) EXCEPT when justified by the public interest (2 marks) AND when material unobtainable by other means/open approach would not work (2 marks) Code’s public interest exceptions apply because (2 marks for gist of any of the following reasons or any other distinct, apt reason, to a maximum of 4 marks) Manager is bullying staff Manager is making racist remarks His behaviour in contrast to his award (4 marks) Media organisation/editor needs to show regulator that there was prima facie evidence (2 marks) giving rise to reasonable belief that such methods justified (1 mark) What the staff said to journalist provides this evidence [so notes/record needed of these statements] (2 marks) Other valid points, e.g. (3 marks) this is section 7 of the Broadcasting Code/Clause 10 of Editors’ Code – 1 mark only [or] if the reporter’s approach was open the restaurant would not have employed them/would not/unlikely to have admitted the malpractice(s) [or] regulator will want to see audit trail of how decisions taken that such tactics are justified here in public interest [or] code/regulator bans ‘fishing expeditions’/random targeting of a business, hence need for prima facie evidence [or] example of real case when use of such tactics upheld by regulator