Topics that will be covered:
- An outline of the legal system (England and Wales)
- Crime reporting and the courts
- Libel and Defamation
- Investigative Journalism and Privilege
- Confidentiality and privacy (such news stories as Wikileaks)
- Freedom of Information
- Copyright and codes of conduct ('who's pictures are they and where are they from')
- Reporting elections
It is highly important as Journalists that we have a good understanding of the Law as in many occasions we will come across a story that may need to be checked for things such as defamation etc before being broadcast/printed.
For libel to be used there has to be serious harm involved for someone to use libel. Under the new law it has to be proven that serious harm has to be done to their character. Libel is often used in many cases seen in the news on a day to day basis as often people are seen to be in the wrong and if Journalists use information that isn't in the public interest, libel can often be used.
'Mclibel' is the term used from when over 10 years ago, two campaigners handed out sheets to people about how bad Mcdonalds was, so Mcdonalds took them to court for libel. The campaigners had no money so they defended themselves in court. Mcdonalds lost a lot of money through this process but obviously won. It is unlikely a similar case will ever occur in the future due to there being more libel laws.
This new law is extremely beneficial for smaller business.
A massive news story that has effected Journalists now and future is the Levison Inquiry. Relating to the two part investigation into the role of the press and police in the phone hacking scandal in 2011. A massive debate is to whether the press should been regulated by themselves or should someone regulate them? Ultimately the press is a prime example of a necessity when it comes to police, who polices the police? Under qualified privilege we as journalists have the right to report exactly what is in court and as long as there is no malice involved then we are safe. Qualified privilege is different to absolute privilege where the publishers motive is irrelevant. For qualified privilege what is saying must be fair and accurate, without malice and also be in the public interest. Privilege is often the let out and can sometimes get us out of saying bad things. Many MP's and Parliament use names etc under qualified privilege. We as journalists have an important role within society, despite negative claims made by many.
Recently there have been many cases in the media which reflect the laws previously mentioned. Many include celebrities such as Nigella Lawson, Rolf Harris and William Roache (Coronations Streets Ken Barlow). A good example of witness protection is Nigella Lawson. To begin with, Nigella was there as simply a witness to the case however throughout many heads turned to Lawson and her private life. The press began to focus on Lawson herself and what she has been doing in her private life i.e. taking drugs etc. Should witnesses also have lawyers when in court?
Hierarchy in UK Courts
- Supreme Court
- Court of appeal - criminal and civil division
- High Court - queens bench division, family and commercial chancery division
- Crown Court - criminal division
- Magistrates (deals with such things as employment tribunals etc)
- County Court - chancery division
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