There are
very clear laws in journalism and breaking them can not only be costly but, in
certain cases, can result in a prison sentence. Radio stations cannot afford to
break the law and so place great emphasis on training staff in media law.
However modern day journalists now find greater challenges in broadcasting –
technology increases the need to get information out faster and this means
decisions could be made without considering the consequences.
There are
three main areas of law; these are defamation, contempt and reporting
restrictions. This report will explain the importance of each one and provide a
few examples to reference.
Defamation
is a statement that is made that tends to damage a person’s reputation in the
eyes of others. The statement can merely be a suggestion or implication,
causing them to be shunned or avoided or cause them financial loss. The
majority of people will publish materials on a day to day basis via social
media sites such as Facebook or Twitter. Journalists have to pay careful
attention to this law. There are two forms of defamation, these are Libel (the
written version) and Slander (the spoken version). Radio news is classed as
Libel, not Slander.
Person who
had the statement made about them -> Person making the statement -> anyone who repeats it can also be
sued <- Audience – the more people the
bigger the case for defamation
The main
defences to defamation are:
1. Justification – it is true
2. Fair comment – if it’s an opinion, or
is not intended to be malicious – careful though as this is a ‘grey area’
3. Public interest – anything affecting
the rights or health of public
4. Privilege – absolute and qualified
5. Website owners are also protected
6. Scientific and academic journals are
also covered (peer reviewed)
Libel is the written defamation. For
example, if the publication is in a permanent form such as in a book, magazine
or film, then the defamation is libel. In libel claims, the claimant does not
have to prove that he/she has suffered loss or damage as a result of the
publication.
Slander is the spoken defamation. For
example, if the publication is in a transient form such as speech, then the
defamation is slander. In slander claims, the claimant must prove actual
damage.
Fair
Comment is when it's an opinion or is not
intended to be malicious. If a defendant can prove that the defamatory
statement is not a statement of fact and an expression of opinion, he/she can
rely on the defence of fair comment. The fair comment must be factual and
doesn't have to be reasonable but signifies the absence of malice.
Privilege has two forms; absolute and
qualified. Qualified privilege is a statement taken from a group of 'high-up'
people such as police or even press releases. Absolute privilege is a statement
which is taken from court.
Public
Interest is anything affecting the rights,
health, or finances of the public at large. If the person making the claim or
statement believes it is Public Interest, they can use this as a defence to
defamation.
CASE
STUDY – MCCANN COURT CASE ON ALLIGATION BOOK, PUBLISHED BY CHIEF POLICEMAN
Contempt of Court means disruption the proceedings of a
court case. It is covered by the Contempt of Court Act (CCA) 1981. It exists to
protect the running of the courts and contains ‘Strict Liability Rule’, which
prevents any publication or broadcast from affecting the decisions of the
court.
Timeline
to demonstrate the 'active proceedings':
Crime
Arrest
(warrant for arrest)
Charge
Trial
Jury
Deliberations
Verdict
Sentence
or acquittal
'Strict
Liability Rule':
The
'Strict Liability Rule' means the rule of law whereby conduct may be treated as
contempt of court as tending to interfere with the course of justice in
particular legal proceedings regardless of intent to do so. It also has its
limitations as it applies in relation to publications.
The
maximum prison sentence in the UK is 2 years but the law is becoming
increasingly difficult to enforce due to the worldwide nature of social media
coverage. UK laws differ from other countries. For example, in the US, Los
Angeles Lakers basketball player Kobe Bryant was charged with the rape of a
young woman in a hotel in Colorado. One cable television station invited
viewers to vote on Bryant’s innocence or guilt – a US judge subsequently
dismissed the case against Bryant, after the accused failed to testify.
Severity
is dependent on a number of factors:
·
Time:
The longer the time between the story being Published and the jury retiring to
reach its verdict the less chance there is of the story being in contempt
·
Proximity:
The court will weigh up the chances of a juror having actually read the
offending story. If the story is published in Hampshire and the trial is held
in Newcastle, there is less chance a juror could have seen or heard it
·
Initial
Impact: The lead story on the front page of a paper is likely to have more
impact than a couple of columns on page 34
·
Residual
Impact: Whether the content of the story is likely to be remembered long term
CASE
STUDY – BLACKBUR GIRLS FIGHTING, COURT CASE
