2. Objectives
You will be able to understand the terms:
defamation, contempt, copyright
You will also research codes of practice, regarding
privacy, intrusion, harassment
You will start the assignment and work to next
weeks deadline.
3. Assignment brief
In this assignment you will discuss the legal and ethical implications of this story
for journalists and understand the responsibilities and obligations of writers.
(P4 M4 D4)
Write a detailed explanation on the Jimmy Saville abuse allegations. You may
include quotes and reference any research.
Journalists and newspapers adhere to a strict code of conduct that is
implemented by the regulatory body, Press Complaints Commission. What
are the regulatory implications of this story for print journalists?
When the story is broadcasted on TV what regulations would any news
corporation need to adhere to against OFCOMS standards?
The abuse scandal has also resulted in people being investigated by the police
and some being convicted. What are the legal and ethical implications for
journalists and newspapers when reporting on this?
How can this story impact on the reader?
4. Defamation
• Definition: Defamation is the act of harming the reputation of another by
making a false statement to another person. The act of defamation may be
through a false written or oral statement.
• Libel is the legal term for a written defamatory statement;
• slander is the legal term for an oral statement.
• In order for a statement to be defamatory it must be both false and
communicated. If the statement is true, it does not harm the person's
reputation,
• Example:
An example of libel would be someone writing that another person is a thief. If
the written statement is not true, the writer can be sued for libel.
An example of slander is someone telling others that Lari is a thief. If the
statement is not true, the speaker can be sued for slander.
5. Media example of defamation
The X Factor judge took legal action against
the media organisation owned by Rupert
Murdoch after the Irish Sun published a story
entitled 'Louis Probed Over 'Sex Attack' on
Man in Loo' in June 2011.
In this article, it was alleged that Walsh had
sexually assaulted a man in a Dublin
nightclub, but the music industry professional
insisted this was a false accusation and sued
for aggravated and exemplary damages.
Leonard Watters, the man who alleged
Walsh of assaulting him, was imprisoned for
six months for making a false accusation.
NGN subsequently accepted the article was
based on mistruths and agreed to grant
Walsh compensation, although it denied the
allegation of defamation.
Following the case, Walsh said he is
"absolutely gutted and traumatised" that the
article was published, adding: "I was totally
bewildered as to who would have made up
this type of story."
6. Contempt
• CONTEMPT, A willful disregard or disobedience of a public authority.
• An act of deliberate disobedience or disregard for the laws, regulations, or
decorum of a public authority, such as a court or legislative body.
• Individuals may be cited for contempt when they disobey an order, fail to
comply with a request, tamper with documents, withhold evidence, interrupt
proceedings through their actions or words, or otherwise defy a public
authority or hold it up to ridicule and disrespect.
• The laws and rules governing contempt have developed in a piecemeal
fashion over time and give wide discretion to judges and legislative leaders
in determining both what constitutes contempt and how it is punished.
7. Contempt of parliament
• This term refers to disobedience to, or defiance of, an
order of the House, or some other insult to the House or
its dignity or a breach of parliamentary privilege. It can
relate to any attempt to interfere with proceedings or to
obstruct or threaten Members in the performance of their
parliamentary duties. In the House of Commons
contempts are referred to the Committee on Standards
and Privileges but any decision must be agreed by the
House. The House of Lords does not have the power to
suspend a Member permanently as the Writ of
Summons which entitles a Member to a seat in
Parliament cannot be withheld.
8. Contempt of court
Statutory contempt law bans the media from publishing or
broadcasting, including on the internet, any comments or
information that might seriously prejudice active legal
proceedings, in particular criminal proceedings heard
before juries. The concern is that a juror might hear or
see something outside of the courtroom that would sway
him/her when he/she is deciding whether an accused
person is innocent or guilty
• http://www.guardian.co.uk/media/greenslade/2012/jul/18/
contempt-of-court-medialaw
9. Contempt of court covers various activities, which can be said to undermine the integrity of the legal process.
1. Publication of material which might prejudice a fair trial
2. Breach of a court order
3. Restrictions concerning minors
4. Disclosure of sources
5. Publishing jury deliberations
Contempt of court covers various activities, which can be said to undermine the integrity of the legal process. A person guilty of contempt can
be fined or imprisoned. Contempt of court may impinge on media law in a number of situations:-
Publication of material which might prejudice a fair trial
• An obvious example is the publication of an accused's criminal record. The law is primarily governed by the Contempt of Court Act 1981
("CCA 1981"), which makes it an offence to publish material which creates a substantial risk of serious prejudice to pending court
proceedings.
Breach of a court order
• Courts may make orders banning publication of all or part of proceedings. Such orders are often challenged by the media. Publications in
defiance of such orders are a contempt of court.
• Restrictions concerning minors
• There are a number of statutory provisions restricting the reporting of proceedings involving minors, the breach of which is a contempt of
court. A similar provision applies to complainants in rape cases.
Disclosure of sources
• Occasionally, court orders are made compelling a journalist to disclose his or her sources. A judge can only do so where disclosure is
necessary in the interests of justice or national security, or for the prevention of disorder or crime (s.10 CCA 1981). Failure to disclose a
source after an order has been made is a contempt of court.
Publishing jury deliberations
s.8 CCA 1981 makes it a contempt to "obtain, disclose or solicit" any part of a jury's deliberations.
.
10. Copyright
Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne
1709. It became statutory with the passing of the Copyright Act 1911. The current act is the
Copyright, Designs and Patents Act 1988.
Rights coveredThe law gives the creators of literary, dramatic, musical, artistic works, sound
recordings, broadcasts, films and typographical arrangement of published editions, rights to
control the ways in which their material may be used.
The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending
copies to the public.
In many cases, the creator will also have the right to be identified as the author and to object to
distortions of his work.
Journalist need to be aware of what they can and cannot do and, just as importantly, what their clients
can and cannot do. At the least ignoring copyright will leave you out of pocket and at worst could
result in legal action.
Copyright means that you have the right to be paid for a third party to reproduce your work and
that you have the right to be credited as the author of that work.
11. Task
• In pairs research and come up with what
would need to be considered for copyright
In journalism
• What role does the newspaper licensing
agency (NLA) play?
12. Codes of practice
• Privacy
• Intrusion
• Harassment
• Young people and children
PCC
http://www.pcc.org.uk/cop/practice.html
13. Official secrets Act
• People working with sensitive information are commonly
required to sign a statement to the effect that they agree
to abide by the restrictions of the Official Secrets Act.
This is popularly referred to as "signing the Official
Secrets Act". Signing this has no effect on which actions
are legal, as the act is a law, not a contract, and
individuals are bound by it whether or not they have
signed it. Signing it is intended more as a reminder to the
person that they are under such obligations. To this end,
it is common to sign this statement both before and after
a period of employment that involves access to secrets.
14. Official secrets act
• In pairs research and make a list of jobs
that are commonly required to sign a
statement to the effect that they agree to
abide by the restrictions of the Official
Secrets Act.
• How would this apply to journalism?
15. Quiz
1. What is the press codes of conduct?
2. There are 16 areas that the code of conduct covers.
What are they?
3. Why do we have the press code of conduct?
4. What is defamation?
5. What does the term libel mean?
6. What is the difference between libel and slander?
7. Why do we have libel and defamation laws?
8. What is the official secrets act?
9. Why do newspapers need to be careful to follow rules
like the code of practice, libel and defamation laws?