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Assignment 2
       Ethics

Law and ethics: 16/01/2013
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.
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?
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.
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."
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.
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.
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
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.
.
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.
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?
Codes of practice
•   Privacy
•   Intrusion
•   Harassment
•   Young people and children

PCC

http://www.pcc.org.uk/cop/practice.html
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.
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?
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?

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Assignment 2 ethics 16th jan 2013

  • 1. Assignment 2 Ethics Law and ethics: 16/01/2013
  • 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?