X Media Law: 13 Reporting tribunals and inquiries Flashcards Preview

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Flashcards in X Media Law: 13 Reporting tribunals and inquiries Deck (14)
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1
Q

how many tribunals are there?

[1]

A
  • about 80 or so
2
Q

who presides over tribunal?

[1]

A
  • panel (representing a number of viewpoints)
3
Q

similarities and differences between tribunals and courts

[4]

A
  • tribunals more inexpensive and informal
  • parties often make their own case (though lawyers can be used)
  • a fair hearing must be given to both sides
  • if parties aren’t satisfied, appeals can be made (High Court, Supreme Court, judicial review)
4
Q

name some top tribunals

[10]

A
  • Asylum and Immigration Tribunal
  • Criminal Injuries Compensation Appeals Panel
  • First Tier Tribunal (tax shiz)
  • Mental Health Review Tribunals
  • Social Security and Child Support Appeals Tribunal
  • Financial Services and Markets Tribunal
  • Rent Assessment Committees
  • Valuation Tribunals
  • General Medical Council Professional Conduct Committee
  • Bar Council Disciplinary Tribunal / Solicitors’ Disciplinary Tribunal
5
Q

defamation in public tribunals

[2]

A
  • ‘absolute privilege’ covers tribunals ‘exercising the judicial power of the state’
  • ‘qualified privilege’ covers the others
6
Q

why might defamation be an issue?

[1]

A
  • with parties representing themselves, things can get defamatory
7
Q

a few things about Employment Tribunals

[6]

A
  • presided over by legally-qualified chairman + 2 others
  • preliminary bit, evidence, deliberation
  • decision often postponed (if not, compensation is awarded there and then)
  • court costs only paid by loser in exceptional circumstances
  • Employment Appeal Tribunal (EAT) presided over by High Court judge
8
Q

when can reporting restrictions be used in Employment Tribunals?
[2]

A
  • sexual misconduct cases

- under Disability Discrimination Act 1995, and sensitive medical info used

9
Q

what is the purpose of public inquiries

[2]

A
  • held before decision made on action that could affect rights of individuals / public authorities
  • allows others to oppose proposal before it’s put into action
10
Q

who conducts public inquiry?

[1]

A
  • an inspector appointed by a minister
11
Q

who makes the decision in an inquiry?

[1]

A
  • either the inspector or the minister
12
Q

which inquiries are held in public?

[3]

A
  • statute demands many inquiries held in public
  • other can be in private (at discretion of inspector)
  • some are partially in private (e.g. planning inquiries if info is against national security)
13
Q

why have one-off public inquiries?

[1]

A
  • investigate high-profile events of public concern
14
Q

reporting on one-off public inquiries

[4]

A
  • should allow journalists in, or provide video link
  • ministers can restrict reporting for national security, public interest, conducive to successful inquiry, etc.
  • reports MUST be published (although info can be withheld within them)
  • these restrictions do NOT cover FOI