Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, 11 December 2012

Media Law; An Overview

The Legal Framework In The UK
The highest court in the United Kingdom is the Supreme Court. There are 12 justices and it sits in the Middlesex Guildhall on the western side of Parliament Square. It deals with both civil and criminal cases.

The hierarchy of the courts is in order below from least important to most important; as well as the cases it deals with;



  • Magistrates court - civil and criminal; trys summary offences such as parking tickets, common assault and low scale shoplifting, family courts, youth courts etc. Maximum sentence is six months and maximum fine of £2,500.


  • County court - civil.


  • Crown court - criminal; trys indictable offences such as rape, GBH and murder, deals with appeals from Magistrates courts and also deals with sentencing. Minimum sentence of five years.


  • High court - family, chancery, Queen's Bench (civil and criminal).


  • Court of Appeal - civil division, criminal division.
        Supreme court - civil and criminal.

    Civil law is disputes between individuals or organisations, i.e. divorce or property use disputes. The defendant can not be sent to jail in a civil matter, unless they don't adhere to the final ruling; then it is contempt of court and turns into a criminal matter.

    CIVIL LAW TERMINOLOGY - claimant, defendant, admitting liability, denying liability, liable, not liable.

    Criminal law is an offence against a person and/or a community, i.e. murder or theft. The defendant can be sent to jail in a criminal matter. Criminal matters always start in a Magistrates court. They can then be referred to a Crown court or the Supreme Court.

    CRIMINAL LAW TERMINOLOGY - prosecutor, defendant, guilty, not guilty, convicted, acquitted.

    The test of proof between criminal law and civil law is different. In criminal law, to prosecute it must proved it beyond reasonable doubt. In civil law, it comes down to the balance of probability.

    Sources of law in the UK include;

    • EU law
    • Judiciaries
    • Common law
    • Case law
    • Statutes

    Reporting Crime and the Courts
    Prejudice is where publication of certain information may compromise the fair treatment of the accused during a trial, for instance, if a jury learns background information about those on trial.

    Contempt is where information is published in breach of the rules in crime or court reporting; it has a high risk of prejudicing legal trials.

    A case becomes legally active when;
    • a person is arrested,
    • an arrest warrant is issued,
    • a summons is issued or
    • a person is charged orally.

     A case is legally closed when;

    • the arrested person is released without charge - except on bail,
    • no arrest was made within 12 months of the issue of an arrest warrant,
    • the case is discontinued,
    • the defendant is acquitted or sentenced,
    • the defendant is found to be unfit to be tried, or unfit to plead, or the courts orders the charge to lie on file.

    Four stages of reporting and processing a case are as follow;
    ONE - The crime is reported, police are appealing for witnesses, descriptions are issued. All of this is okay to print with no risk of prejudice.
    TWO - The case becomes legally active and there is risk of prejudice. Seek advice before you publish information.
    THREE - A trial is a definite prospect and only definite, uncontested facts can be printed. You can print a community angle, 'colour' article, such a flowers at the scene etc.
    FOUR - The magistrates court hearing; restricted to reporting seven points!
    - Names, ages, addresses and occupations of defendants
    - Charges faced
    - Names of courts and magistrates name
    - Date and place of where case is adjourned
    - Whether bail is granted or not
    - Whether legal aid is granted

    There are three main types of offence;
    • Indictable; murder, rape, GBH
    • Either-way; aggravated theft, drugs, ABH
    • Summary; minor shoplifting, driving offences, parking tickets
    The purpose of a Section 49 Order is to give anonymity to under 18s in youth court.
    The purpose of a Section 39 Order is to give anonymity to under 18s in adult court.

    If the jury is not present in a Crown court, the proceedings must not be reported. Absolute privilege is granted to a journalist in court if the report is 'fair, accurate and contemporaneous'. Defamatory shouts from the public gallery are not to be reported.

    You can not prejudice a judge or a magistrates court as there is no jury.

    A jury decides whether the defendant is guilty or not guilty whereas the judge decides the penalty.

    Libel and Defamation
    Slander is when someone says something defamatory. 
    Libel is when someone publishes something defamatory;

    • Publication
    • Defamatory
    • Identification; even if jigsaw identification or innuendo.

    A defamatory statement is something that would make a person 'tend' to;
    • lower them in the eyes of right-thinking society
    • causes them to be shunned and avoided
    • discredits them in their profession
    • exposes them to hate, ridicule or contempt
    Libel defences include;
    Justification - it's true and I can prove it.
    Fair or honest comment - it's made clear that is only opinion and it is in the public interest for this opinion to be published.
    Qualified/absolute privilege - court reporting etc.

    TV journalists need to be extra careful because they may accidentally identify someone in a defamatory way with the shots they use; such as noticeable things like posters in a hospital on a documentary about malpractice.

    Public interest means where it is to the advantage of the public to know certain information.

    Privilege
    Privilege is very important to journalists, it gives them protection when reporting day to day things such as; council hearings, public meetings, press conferences and police statements.

    It allows journalists to publish material that may be defamatory or untrue without any legal worries as long as the information is printed 'fair, accurate, without malice and on a matter of public concern'.

    There are two levels of qualified privilege, with or without contradiction and explanation.

    An example of QP without explanation or contradiction would be proceedings of a legislature anywhere in the world.

    An example of QP with explanation or contradiction would be material reported at a public meeting.

    Copyright
    Copyright - the exclusive legal right given to an originator or an assignee to print, publish, perform film, or record literary, artistic, or music material and to authorise others to do the same.

    Intellectual property is essentially work. Even if it is not a physical object, it is a person's property; unless they sell it. The entire purpose of copyright it to protect intellectual property. Without copyright, journalism as an industry could not exist.

    Undeveloped ideas, however, are not protected by copyright statutes. This also includes brief slogans and catchphrases.

    Fair dealing allows some media outlets to lift journalistic material IF;
    • It tells the news and is intrinsic
    • It is not passed off as your own
    • The usage is fair
    • The material is in the public interest

    Copyright is criminal conspiracy, it is not a civil case.

    Material taken from the Internet is still subject to copyright and you can not fair deal photographs.

    Confidentiality
    The law of confidentiality is between the parties in which a 'secret' is told.

    The law depends on each person's expectation of the level of confidentiality. For instance, a doctor has complete confidentiality to a patient. A patient could tell a doctor they committed murder and the doctor would not be able to say anything, as the same with a lawyer.

    A parent would breach confidentiality to their child if the child, for instance, the child told the parent they had a venereal disease and the parent proceeded to tell someone else. However, if a child told a parent they committed murder, the parent would be expected to tell the police. This is one way however, a child owes not confidentiality to their parent.

    There are three main areas of concern for journalists when it comes to confidentiality;

    • revealing state/official secrets (one)
    • revealing commercial secrets (two)
    • revealing facts about a person that they expect to remain private (three)
    ONE - The Official Secrets Act protects state secrets, for instance information on a military base or anything that would be of use to an enemy. Be cautious when using pictures that could be informative to an enemy.

    TWO - Commercial confidentiality is normally written in the contract between an employee and an employer. It will cover, for example, not giving useful financial information to competitors.

    THREE - Personal confidences and privacy is also protected under Article 8 of the European Convention on Human Rights.

    Journalists can publish certain information if it falls under the public interest. When a journalist thinks they've found newsworthy confidential information, they must decide whether to risk an injunction or having legal action taken against them for breach of confidence; perhaps even defamation if they allegations are inaccurate.

    Regulatory Codes
    This covers how journalists should go about getting a story and general journalistic etiquette. There are three different regulatory codes used in journalism.

    These are;
    OFCOM - can impose large fines, can take shows offline, covers radio and television but not Sky, requires absolute accuracy and impartiality.
    BBC Editorial Guidelines and Press Complaints Commission (PCC) - self regulatory, quick, cheap and easy but also has limited fines.

    Reporting Elections
    Impartiality and accuracy is vital around elections times as journalists could influence the public on who to vote for.

    The danger area for journalists when it comes to reporting elections are;
    • False statements about candidates
    • Maintaining impartiality
    • Reporting opinion polls or exit polls
    Major party and minor party candidates do not have to be treated equally.

    It is an offence to refer to exit polls until the polls are closed.

    There must be no coverage of political debates or arguments by the candidates or parties on polling day.




    Investigative Journalism and Freedom of Information

    The Freedom of Information Act came into place in 2005 and allows the public to access information they previously wouldn't have been able to from public authorities. This helps investigative journalists in particular.

    Investigative journalism is when journalist's themselves uncover stories, rather than just covering the current news. Journalist's can now simply send a request for certain information to a public body and receive an answer now that the Act has been passed, making their job a lot easier than before.

    There are two types of investigative journalism; light and heavy. Light investigative journalism is often about celebrities or current stars, about there bullying rampages at schools, botched plastic surgery or pictures of them on a drunken night out. They can usually get this kind of information from family, 'friends' or associates. Heavy investigative journalism includes the more serious news, such as miscarriages of justice, public authorities misusing money or political scandals. This information is often gained through the allowance of the Freedom of Information Act.

    Tony Blair, the man who passed the Act, said himself that he regretted passing the Freedom of Information Act; too many people have too much access to the skeleton's in everyone's closet.

    The Act covers 130,000 public bodies, receives over 100,000 requests a year; 12% of these requests are made by journalists. The estimated cost spent on FOI requests a year is approximately £34 million.

    A public body can refuse to give information under the following circumstances;

    • The request costs more than £450 for small institutions, or more than £600 for larger institutions.
    • The information requested comes under the Official Secrets Act
    • The information requested is exempt; either absolute or qualified.
    Absolution exemption means the public body does not have the duty to confirm or deny that information even exists, for instance, court records or security services.

    Qualified exemption means the public body does not necessarily have to release certain information, however, if public interest overrules then it should be released, for instance, commercial confidentiality and ministerial communication.

    You can submit of Freedom of Information request at www.whatdotheyknow.com

    However, sometimes investigative journalists won't always obtain their information this way. Some may receive leaked information from a certain source; being a person. One of the most important unwritten rules is to never, ever give up a source. If you give up a source, you're dead in the industry, no one will look at you the same and you may as well start looking for a new career. If you're not willing to go to prison to protect your source, then you shouldn't take the information.




    Monday, 10 December 2012

    Confidentiality - Breach of Confidence

    What does confidentiality mean it ordinary every day language mean? A secret.

    The law of confidentiality is between the parties in which a 'secret' is told.

    The law depends on each person's expectation of the level of confidentiality. For instance, a doctor has complete confidentiality to a patient. A patient could tell a doctor they committed murder and the doctor would not be able to say anything, as the same with a lawyer.

    A parent would breach confidentiality to their child if the child, for instance, the child told the parent they had a venereal disease and the parent proceeded to tell someone else. However, if a child told a parent they committed murder, the parent would be expected to tell the police. This is one way however, a child owes not confidentiality to their parent.

    There are three main areas of concern for journalists when it comes to confidentiality;

    • revealing state/official secrets (one)
    • revealing commercial secrets (two)
    • revealing facts about a person that they expect to remain private (three)
    ONE - The Official Secrets Act protects state secrets, for instance information on a military base or anything that would be of use to an enemy. Be cautious when using pictures that could be informative to an enemy.

    TWO - Commercial confidentiality is normally written in the contract between an employee and an employer. It will cover, for example, not giving useful financial information to competitors.

    THREE - Personal confidences and privacy is also protected under Article 8 of the European Convention on Human Rights.

    Journalists can publish certain information if it falls under the public interest. When a journalist thinks they've found newsworthy confidential information, they must decide whether to risk an injunction or having legal action taken against them for breach of confidence; perhaps even defamation if they allegations are inaccurate.





    Tuesday, 4 December 2012

    Copyright

    Copyright - the exclusive legal right given to an originator or an assignee to print, publish, perform film, or record literary, artistic, or music material and to authorise others to do the same.

    Intellectual property is essentially work. Even if it is not a physical object, it is a person's property; unless they sell it. The entire purpose of copyright it to protect intellectual property. Without copyright, journalism as an industry could not exist.

    Undeveloped ideas, however, are not protected by copyright statutes. This also includes brief slogans and catchphrases.

    Fair dealing allows some media outlets to lift journalistic material IF;
    • It tells the news and is intrinsic
    • It is not passed off as your own
    • The usage is fair
    • The material is in the public interest
    Copyright is criminal conspiracy, it is not a civil case.

    Material taken from the Internet is still subject to copyright and you can not fair deal photographs.

    Monday, 22 October 2012

    Defamation

    "To be a journalist is to publish - that's what we do."

    In publishing you have to aware of so many different laws & today I am going to write about one of three most important laws for a journalist to know inside and out - defamation.

    Defamation is a false accusation of an offense or a malicious misrepresentation of someone's words or actions. Everyone has the right to their reputation, defamatory statements could take this from them.


    Under the catergory of defmation is slander and libel; slander being defaming someone in a non-permanent form such as a spoken statement which isn't recorded, libel being defaming someone in a permanent form such as broadcasting a statement on a radio station, television or in a newspaper.


    Libel requires:

    • The statement is defamatory
    • It has been 'published' to a third party i.e. a letter or comment on the internet
    • That particular identified person has been defamed 

    A defamatory statement is anything that causes any of the following:
    • Exposes them to hatred, ridicule or contempt
    • Causes them to be shunned or avoided
    • Discredits them in their trade, business or profession
    • Generally lowers them in the eyes of the right-thinking public 

    If you get sued for libel. it has to the potential to destroy you and whoever you work for. You have the potential to kill that publication stone dead so it is vital you check everything you write or publish is 100% accurate.

    If you libel someone, even if they're dead, you've broken the law - but hopefully you have a very good defence. Remember, being a student is not a defence. A student could say they have no money but the university would have to pay the fine on their behalf.

    There are three main defences:

    • Justification - the statement is not only believed to be true but is 100% fact. It may be necessary to have witnesses willing to stand in court.
    • Fair comment - it's simply comment and not fact, however, it was honestly held with no malice. The Freedom of Speech Act gives journalists a lot of scope to say hurtful or controversial things as long as it is made clear that it is only COMMENT and not FACT. For example, "Thomas Jones is ugly" is presented as fact, even if it is opinion - "I think Thomas Jones is ugly" is comment as 'I think' is in it.
    • Absolute privilege and qualified privilege - it's fair, accurate and contemporaneous. In certain cases, public interest demands that there should be complete freedom of speech without any risk of proceedings for defamation, even when statements are defamatory and turn out to be untrue. Absolute privilege is the complete answer and bar to any action of defamation. It doesn't matter whether the statement is true, untrue, malicious or not.


    Monday, 8 October 2012

    Journalists... What Sneaky Bastards!

    This is the opinion of many people... but it's not necessarily the case. There are strict laws and regulations put in place to stop journalists being sneaky little bastards.

    Printed journalism, i.e. newspapers and magazines is regulated by PCC, The Press Complaints Commission. This organisation was created by the industry to self regulated and raise journalistic standards by administering the Editors' Code of Practice.

    Broadcast journalism, i.e. radio and television, is regulated by Ofcom, the Office of Communications. Ofcom is an independent regulator and deals with most complaints against broadcast journalists.

    Both of these are in place so that the majority of journalists are well behaved and respectful.

    You may be shocked by this - there are actually rules! The thing is, whilst most journalist adhere to the rules, you don't hear about it. Rupert Murdoch and his homies have given journalism a bad name with there unethical manner and quite frankly, disgusting behaviour. The industry has been shamed but there is hope, laws and regulations are in place and are strict.


    PRINTED JOURNALISM

    There is a slim line between having laws and maintaining the right of free speech and free will. There in no law in the UK on who can own or run a magazine, newspaper or website - they are free to have opinions on politics and public affairs. They are also free to criticise those in the news or anyone else - but not restraint from libel laws and other laws.

    The Editors Code has 16 clauses setting out ethical standards on;

    • Accuracy & opportunity for people to respond to inaccuracies
    • Privacy
    • Harassment
    • Intrusion into grief and shock
    • Excessive detail covering suicides
    • The welfare of children subject to journalism
    • Anonymity for victims of sexual assault & children in sex cases
    • Crime reporting
    • Making enquires at hospitals
    • Secret filming and recording
    • Using subterfuge or misrepresentation
    The code also bans pejorative material which discriminates on the ground of gender, race, religion, disability or sexual orientation.

    Although breaching the Editors' Code isn't a criminal offence or a civil tort, following it is a pretty wise idea for journalists that don't fancy ending up in court any time soon.

    Certain exceptions may be made if the code is breached if it was 'in the public interest'. This includes detecting of exposing serious crime or impropriety, protecting the public health and safety and preventing the public being misled by an action or statement by an individual or an organisation, as well as other things. In order to do the above, a journalist may need to deceive people about being a journalist and by undercover reporting.

    Now onto the subject that everyone has heard about, recording phone calls and phone hacking. Many journalists, particularly those involved in investigative journalism, may want to record their own phone calls whether it be an interview or if it is wanted for proof if the matter ever goes to court. It is legal in the UK for any one party in a phone call to record it, even if the other party is unaware. If a journalist in a phone call purposely misleads or lies about being a journalist breaches the code and could be in big trouble. Incepting a phone call - using external technology to hack into another's phone conversation or answering machine - in practically all circumstances would breach the code and most likely, the law.

    The News Of The World was full of sneaky bastard journalists that thought it was super duper to hack into phone calls and messages - which not only shamed the industry but has made it likely for the PCC to be reformed or replaced after an official enquiry into press ethics.

    BROADCAST JOURNALISM

    In the UK commercial broadcasters - those funded by advertising revenue - are regulated in terms of ownership and journalistic output. Broadcast organisations and journalists must be impartial about politics when reporting news. They must be accurate, treat people fairly, respectful and try not to cause offence or harm. If any journalist or broadcast organisation does not adhere to the rules, OFCOM can impose a substantial fines.

    CASE STUDY - Source: McNae's Essential Law For Journalists - Mark Hanna and Mike Dodd
    The highest regulatory fine imposed for unethical broadcast journalism is £2 million paid by Central Independent Television, part of the ITV Network, after a 1998 Independent Television Commission ruling that scenes in The Connection - a documentary which claimed to show a new heroin smuggling route from Columbia to the UK - were fabricated. The ITC said it was a 'wholesale breach' of the trust viewers placed in the programme makers. The Connection had won awards before its authenticity was questioned in an investigation published by The Guardian newspaper, which led to the ITC's findings. (ITC press release and The Guardian, December 18, 1998).

    Ofcom has various rules for broadcasters including;
    • Not broadcasting material that may 'seriously impair the physical, mental or moral development of people under 18' before the 9pm watershed.
    • Protecting children involved in programmes and taking due care over 'the physical and emotion welfare and dignity' of children who take part or are otherwise involved in programmes, irrespective of any consent they, their parents or guardians may give.
    • Material likely to cause offence must be justified by context, and appropriate information should be broadcast where it would help avoid or minimise offence.
    • Programmes should not include material which, taking into account the context, condones or glamorises violent, dangerous or seriously anti-social behaviour and is likely to encourage others to copy it.
    • Broadcasters must take precautions to avoid harm to viewers who have photosensitive epilepsy.
    • No payment or promise of payment, directly or indirectly, to 'convicted or confessed' criminals for a programme contribution by the criminal relating to his/her crime, unless doing so is in the public interest.
    • No offering of payments to witnesses or anyone who may be reasonably expected to be called as a witness in active criminal cases.
    • Views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.
    • News, in whatever form, must be reported with due accuracy and presented with due impartiality.
    • Presenters and reporters of 'personal view' programmes may express their opinions and thoughts on a topical issue but must fairly present the other opinion/the other side of the story.
    • Broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes.
    • Secret filming and recording should not be used without those being recorded's consent unless it is in the public interest.
    • The location of a person's home or family should not be disclosed without consent.
    There are various other in depth codes of practise within Ofcom, all this can be read up on the Ofcom website.

    You may think all journalists are sneaky bastard, and there certainly are some, but the industry as a whole is not corrupt and still has many laws and code in order to keep the quality of journalism high.

    Tuesday, 2 October 2012

    Chris Horrie on Court Reporting - The Basics



    To the left is Chris Horrie's essential law of articles.

    Basically, the more interesting a story is, the less likely it is to be true. There are plenty of stories that will be amazingly interesting - just not so true. Then you have the other side of the story, there is plently of stories that hold nothing but 100% truth - yet they're boring and no one wants to read them.






    This is where court reporting helps us journo's out. Don't get me wrong, there are stories out there that are interesting and are true... but they can be hard to find. Court reporting however, is often interesting, and normally true.

    Unfortunately, before you go to a court of law and start writing about everything you see, you need to know the law - what you can write, when you can write it, how you can write it and what you can include.

    To start off, there are different divisions of law - the main two being criminal and civil.

    Civil law -  disputes between individuals or organisations, for instance; divorce. In a civil matter, the defendant/respondent can not be sent to jail. However, if a person does not comply with the ruling at the end of a civil case, it could be classed as contempt of court which is a criminal matter. Civil matters can be tried in Magistrates courts, County courts or various tribunals. Tribunals are not courts, do not confuse them. In civil court, a claimant sues a defendant or respondent, who admits or denies liability, and is found either liable or not liable. If liable, the defendant will be ordered to pay damages.

    Criminal law - an offence against a person and/or the community, for instance; murder. In a criminal matter, the defendant can be sent to jail, but it is not a certainty that he or she will be. Criminals matters always start in Magistrates court but can move to another court if deemed necessary. They can also be tried at Crown courts and a Supreme Court, but usually only after the case has been to Magistrates court. In criminal court, a defendant will be prosecuted, pleads guilty or not guilty and will be convicted or acquitted, and if convicted, fined or jailed.

    With all this talk of courts, I thought I'd lay out which courts and for which cases.
    • Magistrates court - civil and criminal.
    • County court - civil.
    • Crown court - criminal.
    • High court - family, chancery, Queen's Bench (civil and criminal).
    • Court of Appeal - civil division, criminal division.
    • Supreme court - civil and criminal.
    In any of these courts, if you comprise a case or do not adhere to the final ruling, you can be in contempt of court. This is a criminal offence and can be punished with a jail sentence. The greatest risk of the media committing contempt of court is publishing material that may prejudice a fair trial by influencing jurors to think badly of the defendant whilst the case is active.

    A case is considered active when;
    • a person is arrested,
    • an arrest warrant is issued,
    • a summons is issued or
    • a person is charged orally.
    When a case is active, you have to be incredibly careful about what you write, right down to the little details. If you are not experienced in court reporting, it is best to leave the writing to experts until the case is closed or you have gained enough experience.

    There are different stages for a prosecution of a crime. The sequence is usually as follows:
    1. Police suspect a crime has taken place, gather evidence and make an arrest.
    2. Police can detain people for maximum of 24 hours, unless the case is related to terrorism, for which they can detain he or she for 92 days. The police may also apply for an extension of the 24 hours if necessary. After this process, the must make arrangements for court and the suspect may be released on bail if the police deem it appropriate. If the police think that suspect is a serious danger to society and will commit another crime if allowed bail, the police can hold them on remand.
    3. The criminal trial will start at a Magistrates court. There is no jury at a Magistrates court, which means serious crime, (carrying a prison sentence of five years or more, for instance, murder), can not be judged there. The case will have to be sent for trial at a Crown court. There would be no evidence given, just proceedings. Minor crimes, (for instance, an unpaid parking ticket), can be tried at the Magistrates court. Three magistrates in the court can hear evidence, decide on the verdict and impose penalties. This can be appealed by the defendant to take to the Crown court. This is called summary justice.
    4. Some crimes are considered "either way" offences. An either way offence is a case that can be tried before a Magistrates court or a Crown court. The accused can opt for a "jury trial" at the Crown court or opt for summary justice.

    A case is considered closed when;
    • the arrested person is released without charge - except on bail,
    • no arrest was made within 12 months of the issue of an arrest warrant,
    • the case is discontinued,
    • the defendant is acquitted or sentenced,
    • the defendant is found to be unfit to be tried, or unfit to plead, or the courts orders the charge to lie on file.
    There is a defence for contempt of court which is as follows;

    In the event of a publication being unaware that a case is active, there is a defence available. The defence applies if the person responsible for the publication, having taken all reasonable care, did not know and had no reason to suspect when the matter was published, that relevant proceedings were active.
    The burden of proof in this instance is on the person being accused on contempt.

    When a case is closed, you can write about it - as long as you're 100% certain everything you're writing is fact. For instance, if you're in court and the defendant says "I wasn't at the house that night.", you can take it as fact. What the defendant is saying may not be true but it is fact that the defendant said it. The media is allowed to print every word that is said in court.


    Part II coming soon.












    Tuesday, 25 September 2012

    The Essential Dos and Don'ts in Media Law

    Do you want to become a journalist? A celebrity feature writer? A news reader? A travel journalist? An investigative journalist like the great Bob Woodward and Carl Bernstein? Or even a modern day William Rees-Mogg?

    If your answer is yes, then you'll need to know the essential dos and don'ts of media law.

    So let's get started.

    THE DON'TS
    • DO NOT write/say/publish anything that you know to be untrue or if it is purposely to harm another without any justification or without just cause.
    • DO NOT dishonestly present sources or information. Avoid interviews or information directly from family members or friends.
    • DO NOT pay people to pretend to be a source. That's not cool.
    • DO NOT make up sources, interviews or any other content you wish to publish unless clearly stated it is fictional.
    • DO NOT purposely cause disrepute or disruption. It is not wise or even funny to edit your work after it has been cleared by your editor or superior, all you will get is a bollocking.
    • DO NOT publish discriminatory or racially offensive material. Not only is it not socially unacceptable, it is against the law.
    • DO NOT publish your work without checking the simple attributes such as grammar, spelling and sentence structure.
    • DO NOT even consider publishing your work if you are not sure if it complies with the law.
    • DO NOT be stupid. Don't breach any privacy, confidentiality, trespassing, copyrighting or child protection (and so on and so forth) laws. That'll just get you in trouble.
    That's about it with the don'ts. Now to the more positive side - the dos.

    THE DOS
    • DO try and detach yourself from the subject you are writing about. Disinterestedness is key.
    • DO get out into the industry and find yourself some useful sources. A lot of journalism is to do with who you know, not what you know.
    • DO be professional and responsible at all times when presenting yourself or your publication. If you want to be taken seriously in the media industry, you must make yourself appear to be someone who can be taken seriously.
    • DO check your facts over and over again. Facts are brilliant in publications if they are 100% accurate.
    • DO maintain an up-to-date working knowledge of media law and media regulation. Unfortunately, not knowing if changes have been made isn't an excuse for breaking the law.
    Although media regulation can put you 'in a box' and limit you as a journalist, it is there for a good reason - to try and regulate the media. 

    What would happen without media law? Would the newspapers be full of lies? Would the radio be more interesting? Would publications start growing legs and walking around the streets throwing news at us?

    Probably not.

    However, we'll never know.

    _________________________________________________________________________________

    KEY WORDS AND DEFINITIONS IN MEDIA LAW

    DISREPUTE 
    A low standard of esteem or credit.
    i.e. Unfortunately, Rupert Murdoch brings disrepute into the journalism industry.

    MALICE
    The intentional allowing, publication or creation of a wrongful or harmful act with no justification.
    i.e. The newspaper was full of malice, it wasn't even worth reading.

    DISINTERESTED
    Being unbiased, unattached and not influenced by exterior motives.
    i.e. He was perfect to write to article as he was disinterested in the subject.

    DEFAMATION
    A false accusation of an offence or act by another which could result in damaging their reputation.
    i.e. Her soul intention of that article was defamation of Lady Gaga.

    SLANDER
    Defamation by saying the accusation.
    i.e. Stop with all the slander, I'll sue you.

    LIBEL
    Defamation by writing the accusation.
    i.e. With all this evidence, you have a definite libel case on your hands.

    RECKLESSNESS
    Disregard and paying little attention to produced work.
    i.e. He wrote the article with complete recklessness, the spelling mistakes were atrocious.

    MEDIA REGULATION
    The use of legal means to regulate and control the media industry.
    i.e. Your knowledge of media regulation must be kept up to date in order to pass this course.