Press & Broadcast Regulation (P2-P47) Flashcards
(20 cards)
List the Three main sources of Law.
- Common Law
- Precedent
- Statute
Give 2 examples of resources available to support the safety of Journalists.
- Guidance on online harassment published by MLA (Media Lawyers Association) in 2021 -‘Combatting online harassment and abuse: a legal guide for journalists in England and Wales’
- An online safety toolkit - National Union of Journalists (NUJ) & the society of Editors
Define Common Law
Law applying Nationwide.
Common Law can be modified or replaced by Statutes- Acts of Parliament= Primary legislation.
What is the European Convention On Human Rights?
*(also called - The European Convention for the Protection of Human Rights and Fundamental Freedoms)
It sets out the Rights which must be protected by signatory states.
Which two articles have conflicting interests from the European Convention On Human Rights?
Article 8- The Right to respect for privacy and family life
Article 10- The Right to Freedom of Expression
What are the two main divisions of Law?
Criminal & Civil
(Criminal offences & Civil Wrongs)
List the Terminologies involved with Criminal Law.
Criminal Courts-
Defendant is prosecuted,
Plead guilty or not guilty
Is acquitted or convicted
Sentenced= fined or jailed
List the Terminologies involved with Criminal Law.
Claimant wues the defendant or respondents
Admits of denies liability
Found to be either liable or not
If liable = is ordered to pay damages
What are The role of Barristers?
They act as Counsel (singularly or collectively)
Wears a wig/gown in higher court/crown court/County Court
NOT in Magistrates Court
Press Regulation -
Name the 16 Clauses of The Editors Code.
Clause 1. Accuracy & Opportunity to reply
Clause 5. Coverage of suicides - avoid excessive detail
Clause 10. Deception (subterfuge & misrepresentation)
Clause 12. Discriminatory material avoid
Clause 13. Financial Journalism- business information should not be used for own personal profit
Clause 15. No payment to a witness
Clause 16. Payments to criminals
What does The Editors Code say that Public Interest Includes, but is not confined to…?
- Detecting or exposing Threat of Crime, Crime, Serious Impropriety
- Protecting Public Health & Safety
- Protecting Public from being misled by an action or statement of an individual or organisation
- Disclosing a person or organisations failure to comply with any obligation they are subject to
- Disclosing a miscarriage or justice
- Raising or contributing to a matter of public debate, serious cases of impropriety, unethical conduct, or incompetence concerning the public
- Disclosing concealment or likely concealment of any of the ABOVE
List the 8 sections in the Ofcom Broadcasting Code
Section 1- protecting under 18’s
Section 2- avoiding harm & offence
Section 3- covering crime, disorder hatred & abuse
Section 4- covering religion
Section 5- due impartiality & due accuracy
Section 6- covering elections & referendums
Section 7- fairness
Section 8- protecting privacy
IPSO: misrepresentation
Engaging in misrepresentation or subterfuge including bu agents or intermediaries can be justified inky in the public interest and then only when the material cannot be obtained by other means
- ‘fishing expeditions’ an investigation without sufficient prima facie grounds to justify it
IPSOc clause 6
Children
-should be free to complete their time at school without intrusion
-
IPSO clause 3
Harassment
Journalists must not engage in persistent pursuit intimidation and comply with the request if asked not to persist
Do not remain on property when asked to leave
Must not follow then
Must identify themselves and who they represent
Only ofcom code considers “harm and offence”
Can you link people to relatives convicted of crimes?
You cannot link relatives to those convicted of crime, only if it is genuinely relevant to the case. IPSO clause 9 relatives.
Clause 11
Victims of sexual assault
Anonymity - unless they give written consent and are over 16.
Clause 2
IPSO clause 2 privacy
Everyone else titled to respect for his or her private and family life….
IPSO can fine?
£1 million fine in publishers for breaches of editorial codes
