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Legal constraints in media
By Justin Fox-Rothwell
Race relations act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent
discrimination on the grounds of race. Items that are covered include discrimination on the
grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the
provision of goods and services, education and public functions.
The Act also established the Commission for Racial Equality with a view to review the legislation,
which was put in place to make sure the Act rules were followed.
http://www.telegraph.co.uk/education/educationnews/5638119/Jewish-school-breaks-Race-
Relations-Act.html here is case of the race relations act coming into force after Jewish schools
discriminated against a mother and her child
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which was
passed on 9th November 1998, and mostly came into force on 2 October 2000. Its aim
is to "give further effect" in UK law to the rights contained in the Convention for the
Protection of Human Rights and Fundamental Freedoms, but more commonly known
as the European Convention on Human Rights. The Act makes available in UK courts a
remedy for breach of a Convention right, without the need to go to the European
Court of Human Rights in Strasbourg.
http://en.wikipedia.org/wiki/Mosley_v_United_Kingdom this is a story about Max
Mosley sueing the News of the world for phone hacking.
Licensing Act 2003
The Act sets out four licensing objectives which must be taken into account when a local
authority carries out its functions. They are:
the prevention of crime and disorder,
public safety,
prevention of public nuisance, and
the protection of children from harm
The Licensing Act 2003 is an Act of the Parliament of the United Kingdom. The Act
establishes a single integrated scheme for licensing premises which are used for the sale or
supply of alcohol, to provide regulated entertainment, or to provide late night refreshment.
http://www.theguardian.com/media/2013/apr/17/web-browsing-copyright-supreme-
court-meltwater this is about web links being used and weather newspapers are breaking
the law by using them.
Privacy law
Privacy in English law is a rapidly developing area of English law that considers in what
situations an individual has a legal right to informational privacy the protection of
personal or private information from misuse or unauthorised disclosure. Privacy law is
distinct from those laws such as trespass or assault that are designed to protect
physical privacy.
http://www.theguardian.com/media/phone-hacking the latest scandal was recent and
it was to do with the news of the world phone hacking celebrities to find out things
that should’ve remained out of the public domain they were eventually sued and the
paper has now been shut down. The case to prosecute is still on going
Copyright & Intellectual Property Law
Intellectual property rights are the legally recognized exclusive rights to creations of
the mind. Under intellectual property law, owners are granted certain exclusive rights
to a variety of intangible assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases, symbols, and designs. Common types
of intellectual property rights include copyright, trademarks, patents, industrial design
rights, trade dress, and in some jurisdictions trade secrets.
The way to stop people ripping you off is get your idea patented and copyright
http://www.fairwagelawyers.com/most-famous-music-copyright-infringment.html
Libel law
• English law allows actions for libel to be brought in the High Court for any
published statements which are alleged to defame a named or identifiable
individual or individuals; note that under English law companies are legal persons,
and may bring suit for defamation in a manner which causes them loss in their
trade or profession, or causes a reasonable person to think worse of him, her or
them. Allowable defences are justification the truth of the statement fair comment
whether the statement was a view that a reasonable person could have held and
privilege whether the statements were made in Parliament or in court, or whether
they were fair reports of allegations in the public interest An offer of amends is a
barrier to litigation. A defamatory statement is presumed to be false, unless the
defendant can prove its truth.
• http://www.theguardian.com/media/media-blog/2013/dec/20/libel-law-reynolds-
defence-flood-times-channel-4
Obscene Publications Act
The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United
Kingdom Parliament that significantly reformed the law related to obscenity in
England and Wales. Prior to the passage of the Act, the law on publishing obscene
materials was governed by the common law case of R v Hicklin, which had no
exceptions for artistic merit or the public good. During the 1950s, the Society of
Authors formed a committee to recommend reform of the existing law, submitting a
draft bill to the Home Office in February 1955. After several failed attempts to push a
bill through Parliament, a committee finally succeeded in creating a viable bill, which
was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July
1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959.
With the committee consisting of both censors and reformers, the actual reform of
the law was limited, with several extensions to police powers included in the final
version.
Broadcasting Act
The Broadcasting Act 1990 is a law of the British parliament, often regarded by both
its supporters and its critics as a quintessential example of Thatcherism. The aim of
the Act was to reform the entire structure of British broadcasting; British television, in
particular, had earlier been described by Margaret Thatcher as "the last bastion of
restrictive practices".
It led directly to the abolition of the Independent Broadcasting Authority and its
replacement with the Independent Television Commission and Radio Authority (both
themselves now replaced by Ofcom), which were given the remit of regulating with a
"lighter touch" and did not have such strong powers as the IBA; some referred to this
as "deregulation"

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Legal constraints in media

  • 1. Legal constraints in media By Justin Fox-Rothwell
  • 2. Race relations act 1976 The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. The Act also established the Commission for Racial Equality with a view to review the legislation, which was put in place to make sure the Act rules were followed. http://www.telegraph.co.uk/education/educationnews/5638119/Jewish-school-breaks-Race- Relations-Act.html here is case of the race relations act coming into force after Jewish schools discriminated against a mother and her child
  • 3. Human Rights Act 1998 The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which was passed on 9th November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the Convention for the Protection of Human Rights and Fundamental Freedoms, but more commonly known as the European Convention on Human Rights. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Rights in Strasbourg. http://en.wikipedia.org/wiki/Mosley_v_United_Kingdom this is a story about Max Mosley sueing the News of the world for phone hacking.
  • 4. Licensing Act 2003 The Act sets out four licensing objectives which must be taken into account when a local authority carries out its functions. They are: the prevention of crime and disorder, public safety, prevention of public nuisance, and the protection of children from harm The Licensing Act 2003 is an Act of the Parliament of the United Kingdom. The Act establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night refreshment. http://www.theguardian.com/media/2013/apr/17/web-browsing-copyright-supreme- court-meltwater this is about web links being used and weather newspapers are breaking the law by using them.
  • 5. Privacy law Privacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy the protection of personal or private information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. http://www.theguardian.com/media/phone-hacking the latest scandal was recent and it was to do with the news of the world phone hacking celebrities to find out things that should’ve remained out of the public domain they were eventually sued and the paper has now been shut down. The case to prosecute is still on going
  • 6. Copyright & Intellectual Property Law Intellectual property rights are the legally recognized exclusive rights to creations of the mind. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. The way to stop people ripping you off is get your idea patented and copyright http://www.fairwagelawyers.com/most-famous-music-copyright-infringment.html
  • 7. Libel law • English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual or individuals; note that under English law companies are legal persons, and may bring suit for defamation in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them. Allowable defences are justification the truth of the statement fair comment whether the statement was a view that a reasonable person could have held and privilege whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest An offer of amends is a barrier to litigation. A defamatory statement is presumed to be false, unless the defendant can prove its truth. • http://www.theguardian.com/media/media-blog/2013/dec/20/libel-law-reynolds- defence-flood-times-channel-4
  • 8. Obscene Publications Act The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
  • 9. Broadcasting Act The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism. The aim of the Act was to reform the entire structure of British broadcasting; British television, in particular, had earlier been described by Margaret Thatcher as "the last bastion of restrictive practices". It led directly to the abolition of the Independent Broadcasting Authority and its replacement with the Independent Television Commission and Radio Authority (both themselves now replaced by Ofcom), which were given the remit of regulating with a "lighter touch" and did not have such strong powers as the IBA; some referred to this as "deregulation"