2. Coach crash
The journalist writes the story, and submits
it to the editor. The newspaper prints it as a
front page splash. Simultaneously as the
newspaper is published, the newspaper
delivers all of its documents to the local
police station and hands them over.
Is the editor’s behaviour acceptable ?
-Withholding evidence - illegal
-Using the information for his own means, rather than helping the police with
their investigation
3. ECHR 8 The Right to Privacy
1. Everyone has the right to respect for his private
and family life, his home and his correspondence.
2. There shall be no interference by a public
authority with the exercise of this right except such
as is in accordance with the law and is necessary in
a democratic society in the interests of national
security, public safety or the economic well-being
of the country, for the prevention of disorder or
crime, for the protection of health or morals, or for
the protection of the rights and freedoms of
others.
4. ECHR 10 The right to information
Article 10 – Freedom of expression. Everyone has
the right to freedom of expression. This right shall
include freedom to hold opinions and to receive
and impart information and ideas without
interference by public authority and regardless of
frontiers. This article shall not prevent States from
requiring the licensing of broadcasting, television
or cinema enterprises.
5. 2. The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such
formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic
society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the
protection of the reputation or rights of others, for
preventing the disclosure of information received in
confidence, or for maintaining the authority and
impartiality of the judiciary.
7. Module 1:
The relationship between the press and
the public, phone-hacking and other
potentially illegal behaviour.
184 witnesses, including the Dowlers,
McCanns
8. Module 2:
The relationships between the press and
police and the extent to which that has
operated in the public interest.
February 2012
10. Module 4
Recommendations for a more effective
policy and regulation that supports the
integrity and freedom of the press while
encouraging the highest ethical standards.
11. Casualties so far
News of the World
Journalism
The media
James Murdoch
Murdoch credibility
PCC
Rebecca Brookes
Hackers and PDs, Steve Whittamore(the Motorman files)
Met Commissioner Sir Paul Stephenson
13. Press as watchdog
•Lord Donaldson (Master of the Rolls) in the Spycatcher case
•A free press is an essential element in maintaining parliamentary democracy
and the British way of life as we know it. But it is important to know why the
press occupies this crucial position. It is not because of any special wisdom,
interest or status enjoyed by the proprietors, editors or journalists. It is because
the media are the eyes and ears of the general public. They act on behalf of the
general public. Their right to know and their right to publish is neither more nor
less than that of the public. Indeed it is that of the general public for whom they
are trustees.
14. Fourth Estate
•Lord Bingham (2000)
•In a modern developed society it is only a small minority of citizens who can
participate directly in the discussions and decisions which shape the public life
of that society. The majority can participate only indirectly, by exercising their
rights as citizens to vote, express their opinions, make representations to the
authorities, form pressure groups and so on.
•But the majority cannot participate in the public life of their society in these
ways if they are not alerted to and informed about matters which call or may
call for consideration and action. It is largely through the media, including of
course the press, that they will be so alerted and informed. The proper
functioning of a modern participatory democracy requires that the media be
free, active, professional and inquiring.
15. Journalistic sources
•Protection of journalistic sources is one of the basic conditions for press
freedom..... Without such protection, sources may be deterred from assisting
the press and informing the public on matters of public interest. The vital public
watchdog role of the press may be undermined ...such a measure cannot be
compatible with Article 10 of the Convention unless it is justified by an
overriding requirement of public interest..
16. Social Media
I think contempt laws can work perfectly well. It was never the object of
contempt laws that it was going to stop every piece of tittle tattle round a
dinner table or in a pub.
17. "This John Terry saga, has turned into one of the most hideously managed spectacles I
have ever known. WTF is going on...... We all know what was said. Its there on TV for all
to see. Do I think hes a racist? No.
I think hes said something really stupid in the heat of battle/argument. This should of
been dealt with instantly (Like Suarez or more games) and put to bed.
The longer it goes on, the worse it is for the game. Racism needs to be stamped out. We
all agree on that. This is now affecting England as well as those involved.
I dont a f*cking man and took his punishment for what he said. This is now helping
nobody. The one I feel for is Anton, hes done nowt wrong and has.
Once the issue went out of the FA's control, it was always going to get messy. They
should have dealt with it instantly. Now its a farce..
Should of thrown his hands up and admitted his grave error. Excepted his deserved
disciplinary action and let everyone move on.
Whose the winner in all of this? I cant think of anyone....can you? What a debacle its
turned into. Sad state of affairs. Heads should roll.
I am fuming for my teammate Stan. For 6 months, he has to carry on dealing with this
situation when hes done nothing wrong"
"I'll probably get a letter now from "the powers that be." If you're reading this
don't bother........."
19. ABC figures: 9th March
Dailies
Daily Mirror : 1,102,810 ; -6.32 ( -1.76 ) NA
Daily Record : 291,825 ; -6.60 ( 5.73 ) 1,845
Daily Star : 617,082 ; -14.11 ( -1.11 ) NA
The Sun : 2,582,301 ; -8.38 ( -6.14 ) NA
Daily Express : 577,543 ; -7.39 ( -1.56 ) NA
Daily Mail : 1,945,496 ; -6.04 ( -3.27 ) 118,076
The Daily Telegraph : 578,774 ; -7.89 ( -2.92 ) NA
Financial Times : 316,493 ; -16.43 ( -1.02 ) 32,452
The Herald : 46,122 ; -10.00 ( -0.77 ) NA
The Guardian : 215,988 ; -17.75 ( -5.99 ) NA
i : 264,432 ; 50.49 ( 8.68 ) 57,285
The Independent : 105,160 ; -42.38 ( -10.18 ) 33,784
The Scotsman : 37,731 ; -9.73 ( -4.07 ) 3,338
The Times : 397,549 ; -10.86 ( -1.87 ) NA
Racing Post : 45,278 ; -9.66 ( -5.16 ) 31
The Daily Mirror / Daily Record : 1,394,635 ; -6.38 ( -0.28 ) 1,845
20. Liam Stacey
He pleaded guilty to incitement to racial hatred and was freed on bail on
condition he stays off Twitter and other social networking sites.
21.
22. Message from Twitter
Our goal is to instantly connect people everywhere to what is most meaningful to
them. For this to happen, freedom of expression is essential. Some Tweets may
facilitate positive change in a repressed country, some make us laugh, some make
us think, some downright anger a vast majority of users. We don't always agree with
the things people choose to tweet, but we keep the information flowing irrespective
of any view we may have about the content.
The open exchange of information can have a positive global impact. This is both a
practical and ethical belief. On a practical level, we simply cannot review all one
hundred million-plus Tweets created and subsequently delivered every day. From an
ethical perspective, almost every country in the world agrees that freedom of
expression is a human right. Many countries also agree that freedom of expression
carries with it responsibilities and has limits.
At Twitter, we have identified our own responsibilities and limits. There are Tweets
that we do remove, such as illegal Tweets and spam. However, we make efforts to
keep these exceptions narrow so they may serve to prove a broader and more
important rule—we strive not to remove Tweets on the basis of their content. For
more on what we allow and what we don’t,
23. Our position on freedom of expression carries with it a mandate to protect our users'
right to speak freely and preserve their ability to contest having their private
information revealed. While we may need to release information as required by law,
we try to notify Twitter users before handing over their information whenever we
can so they have a fair chance to fight the request if they so choose.
We continue to work towards further transparency when we remove Tweets for
legal reasons. We submit all copyright removal notices to @chillingeffects and they
are now Tweeting them from @ChillFirehose. We will continue to increase our
transparency in this area and encourage you to let us know if you think we have not
met our aspirations with regard to your freedom of expression.
Discussion on topics from geopolitical events to wardrobe malfunctions make
Twitter both important and fun. Providing the tools that foster these discussions
and following the policies that keep them alive is meaningful work for us. If you are
interested in this topic, we encourage you to follow the accounts
collected @twitter/freedom-of-expression or better yet, come work with us.
24. The Reynolds Defence
Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified
privilege for publication of defamatory statements in the public interest.
The case provided the Reynolds defence, which can be raised where it is clear that the journalist had a duty to
publish an allegation even if it turns out to be wrong. In adjudicating on an attempted Reynolds defence a court will
investigate the conduct of the journalist and the content of the publication. The subsequent case of Jameel v Wall Street
Journal Europe affirmed the defence, which has been successfully raised in several defamation proceedings.
List of ten criteria against which attempts to use the Reynolds defence should be judged:
1) The seriousness of the allegation. The more serious the charge, the more the public is misinformed and the individual
harmed, if the allegation is not true.
2) The nature of the information, and the extent to which the subject-matter is a matter of public concern.
3) The source of the information. Some informants have no direct knowledge of the events. Some have their own axes to grind,
or are being paid for their stories.
4) The steps taken to verify the information.
5) The status of the information. The allegation may have already been the subject of an investigation which commands respect.
6) The urgency of the matter. News is often a perishable commodity.
7) Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An
approach to the plaintiff will not always be necessary.
8) Whether the article contained the gist of the plaintiff's side of the story.
9) The tone of the article. A newspaper can raise queries or call for an investigation. It need not adopt allegations as statements
of fact.
10) The circumstances of the publication, including the timing.
25. Sergeant Gary Flood
The Times was sued over a story about possible police corruption in connection with
the extradition of an oligarch to Russia. The newspaper named Sergeant Gary Flood and
provided details of allegations that led to an internal police inquiry, it also included a
denial of impropriety from Flood, via his lawyers, and a statement from the Metropolitan
Police confirming that an investigation was going on.
A major problem for The Times was that when it was informed, many months later,
that the investigation found no evidence against Flood it didn't update its online article.
When the case came before the high court, Mr Justice Tugendhat decided that, while the
print publication was protected by Reynolds privilege, the defence to the web version of
the story fell away after the police officer was cleared.
26. Ahmed Khan: South Tyneside Council
http://www.dailymail.co.uk/news/article-
1392029/Council-takes-Twitter-US-court-
personal-information-using-taxpayers-
money.html
27. Whitney Houston
“ The tabloid printed open-coffin images from Whitney Houston's viewing. That's her corpse on the
cover. While it is customary, in certain cultures, for family and friends to gather for a final viewing of
the dead, this particular image is invasive in that the viewing was not for public consumption. The
publication was certainly not invited to the funeral home in Newark, and must have paid someone for
an illicit cameraphone picture.”
However, it is suspected that the photo is a fake.
28.
29. copyright
PIPA Protect IP Act
SOPA Stop Online Piracy Act
Sir Tim Berners Lee
The proposals are ‘ a grave threat to the openness of the internet
30. Scruples 2
England failed in its World Cup Bid. The bid went to
Qatar. Deeply controversial. England were promised
votes that never materialised. Corruption is suspected.
You have researched it, and have been offered an
interview with one of the committee who voted, and
has now retired. He will spill the beans on the corrupt
system, and name names, he says. But he wants
£1,000 for the interview. Should you proceed?
31. For
Getting secret/sensitive information that no one else knows about
Exclusive information
Insight into the corruption
Allowing people to see the truth
Probably earn more than £1000 from the story
Interest in the story
Good publicity for the newspaper – promotion, sell more papers,
32. Against
May not be given truthful information – could be lying
Blackmail
The speaker may be involved and be pointing fingers at other people
Bad publicity
Impact other peoples careers
33. Scruples 3
The Olympics is underway in London. There have been some very
surprising results. An unknown Chinese sprinter won the 200 metres
final.
Tomorrow it’s the 100 m final.
You and a colleague have set up a meeting with the Jamaican favourite
for the race. You have spoken to him by phone, and claimed to be a
member of an Arab betting syndicate. You are to meet him in a hotel,
where you will pay him £100,000 if he agrees to let someone else win
the race.
You will secretly record the meeting.
Are you right to do this?
36. Brendon Fearon
Brendon Fearon of Newark-on-Trent, Nottinghamshire was convicted for conspiring to
burgle the home of farmer Tony Martin on 20 August 1999. His accomplice, 16-year-old
Fred Barras, was fatally shot by Martin near his remote farmhouse in Emneth Hungate,
Norfolk. Fearon, aged 29 at the time, was hospitalised with gunshot wounds to his legs.
During 2003, Fearon applied for, and received, an estimated £5,000 of legal aid to sue
Martin for loss of earnings due to the injury he sustained. However, the case was thrown
into doubt when photographs of Fearon cycling were published in The Sun showing
Fearon's injuries were not as serious as had been claimed. Fearon later dropped the case
when Martin agreed to drop a counter-claim.
37. Mohammed Aamer
Aamer was involved in spot fixing during a
game.
“The trio didn’t put the result of the match at
stake, but merely their temptation to earn some
money by bowling a few “harmless” no-balls
was enough.”
This effected their careers and gave them jail time.
38. Tom Daley
http://www.huffingtonpost.com/2012/07/31/tom-daley-twitter-police-olympic-
diver_n_1722739.html
After Daley came fourth in the Olympics’ synchronized diving event, he was
contacted on twitter saying he had let his father down. Daley’s father passed
away in 2011 from a brain tumour. A 17-year-old boy was arrested at a guest
house in the Weymouth area on suspicion of malicious communications. Dorset
Police said they acted after being contacted by a member of the public at about
22:30 BST on Monday. A spokesman was unable to confirm whether the arrest
was specifically over the tweets to Daley or subsequent Twitter conversations
with other users. The boy later apologized for the tweet and other twitter users
showed their support.
