Today we were visited by investigative journalist Claudia Murg. Claudia focused on a project she did for the BBC's Panorama, called The Asylum Game, which she described as an investigation into the failings and mismanagement of thr UK asylum system.
Claudia was so interesting to listen to.It was enlightening to see a person who felt so passionately about their line of work, who was able to convey that passion to a class full of hopeful and budding journalists. Although I don't feel that I personally would like to be an investigative journalist, I found her lesson inspiring.
To read more about The Asylum Game, follow this link to the BBC website:
http://news.bbc.co.uk/1/hi/programmes/panorama/3087873.stm
Tuesday 27 December 2011
Wednesday 14 December 2011
Media Law revision session
What to concentrate on:
qualified privilege
copyright (fair dealing)
LIBEL/DEFAMATION, CONTEMPT, PRIVACY (definitions)
restrictions on court cases, when are they active, what can be said about people on trial. What can be said before verdict what can be said before appeal.
state secrets, family secrets, private family life. privacy. commercial secrets.
Identification cases in Libel.
Defences. The 3 main ones. Justification (it's true and we can prove it) Comment (It was opinion) Qualified privilege (I was allowed)
Understand the reynolds defence. 10 POINTS!
qualified privilege in all it's forms. Statutory qualified privilege- if it's a court case or parliament then you cant be sued for libel as long as it's fact accurate and fair (as long as you say the other side 'he denies it'/he pleaded not-guilty/the case continues). Even if its defamatory.
common law qualified privilege. Reynolds case.
contempt of court-doing anything at all that will disrupt a case. Prejudice!
Legal prejudice-to pre judge someone before you've seen evidence. Don't negatively influence the jury. The jury should be going the extra mile to acquit.
It should be beyond reasonable doubt that the person committed the crime. The standard of evidence should be very high. A jury member must only judge on what they have heard in the court.
when the case is active and when it's not active 1981 defamation act. When case is active qualified privilege applies. If you prejudice the jury when the case is active you can go to jail.
Danger of libel before case is active. Danger of contempt when case is active.
once the court is in session, the case is active and the jury are sworn in you can report anything you like. Get one word wrong and you lose qualified privilege.
The Chris Jeffrey's case. Massive contempt of court, Jo Yeats landlord.
reporting restrictions. What can we say about people? Don't write about young people in the criminal system, or call a lawyer.
Which courts do which things? (crown/magistrates)
consent, implied and explicit.
fair dealing, how can you include someone elses material in a review.
qualified privilege
copyright (fair dealing)
LIBEL/DEFAMATION, CONTEMPT, PRIVACY (definitions)
restrictions on court cases, when are they active, what can be said about people on trial. What can be said before verdict what can be said before appeal.
state secrets, family secrets, private family life. privacy. commercial secrets.
Identification cases in Libel.
Defences. The 3 main ones. Justification (it's true and we can prove it) Comment (It was opinion) Qualified privilege (I was allowed)
Understand the reynolds defence. 10 POINTS!
qualified privilege in all it's forms. Statutory qualified privilege- if it's a court case or parliament then you cant be sued for libel as long as it's fact accurate and fair (as long as you say the other side 'he denies it'/he pleaded not-guilty/the case continues). Even if its defamatory.
common law qualified privilege. Reynolds case.
contempt of court-doing anything at all that will disrupt a case. Prejudice!
Legal prejudice-to pre judge someone before you've seen evidence. Don't negatively influence the jury. The jury should be going the extra mile to acquit.
It should be beyond reasonable doubt that the person committed the crime. The standard of evidence should be very high. A jury member must only judge on what they have heard in the court.
when the case is active and when it's not active 1981 defamation act. When case is active qualified privilege applies. If you prejudice the jury when the case is active you can go to jail.
Danger of libel before case is active. Danger of contempt when case is active.
once the court is in session, the case is active and the jury are sworn in you can report anything you like. Get one word wrong and you lose qualified privilege.
The Chris Jeffrey's case. Massive contempt of court, Jo Yeats landlord.
reporting restrictions. What can we say about people? Don't write about young people in the criminal system, or call a lawyer.
Which courts do which things? (crown/magistrates)
consent, implied and explicit.
fair dealing, how can you include someone elses material in a review.
Friday 11 November 2011
Audience and Demographics
Audience and Demographics are split into different categories in order for a newspaper/magazine/radio show to know who their target audience is and how to cater to them.
Firstly they are split into class groups, which are A, B, C1, C2, D and E. A's are extremely qualified people, such as company executives and CEO's. B's are doctors and lawyers. C1's are middle management and skilled workers and C2's are semi skilled people and retail workers. D's are unskilled labour workers and E's are state pensions claimers and the unemployed.
Audiences are also catagorised by their age, gender and location. For instance, toy adverts are targeted at children, fashion magazines are targeted at women and the Daily Echo is a newspaper based in the South of England.
Firstly they are split into class groups, which are A, B, C1, C2, D and E. A's are extremely qualified people, such as company executives and CEO's. B's are doctors and lawyers. C1's are middle management and skilled workers and C2's are semi skilled people and retail workers. D's are unskilled labour workers and E's are state pensions claimers and the unemployed.
Audiences are also catagorised by their age, gender and location. For instance, toy adverts are targeted at children, fashion magazines are targeted at women and the Daily Echo is a newspaper based in the South of England.
Privacy
'Privacy is a nightmare for a journalist because it is constantly changing.'
Can you keep a secret?
The Official Secrets Act of 1989 was set up to protect Government secrets. The new act has eliminated the public interest defence. Even if you are told such secrets, you are unable to share them or you and your sources may be prosecuted. You must be incredibly wary if you are ever dealing with military or Government secrets.
The public interest is generally the defence used by Journalists when they have been caught up in some kind of illegality. However this will not help you in the case of the secrets act. Journalists also need to consider what public interest really means. It is important to remember information must be in the public interest, not just in the interest of the public.
Opposing ideas
Article 8 of the human rights legislation states that everyone has the right to a private life.
Article 10 of the human rights legislation states that everyone has the right to free speech.
Confidentiality
Confidentiality is covered by common law.
people are generally allowed to have secrets, maybe things that are personally, commercially sensitive or professionally secret. Some people, such as lawyers or doctors, are trusted to keep a secret and if they don't then it is a breach of confidence.
When you find something that is secret, is genuine, and you could make a good story, you must take it to the person it is about and ask them to reply. They can then go and obtain an injunction which would stop you from printing anything. If you do not contact them and print the story then they can sue you.
An injunction is like a pause, until a court case can be held over the matter.
How do you know if something is actually confidential?
Do we have the right to publish or broadcast photos?
Yes. If there is consent. Consent can either be explicit (when a contract is signed) or implicit (When they understand that they are being filmed or photographed and do not try to stop it).
If there is no consent and no public interest- don't do it. There is no reason why a celebrity should be filmed in their private lives.
Can you keep a secret?
The Official Secrets Act of 1989 was set up to protect Government secrets. The new act has eliminated the public interest defence. Even if you are told such secrets, you are unable to share them or you and your sources may be prosecuted. You must be incredibly wary if you are ever dealing with military or Government secrets.
The public interest is generally the defence used by Journalists when they have been caught up in some kind of illegality. However this will not help you in the case of the secrets act. Journalists also need to consider what public interest really means. It is important to remember information must be in the public interest, not just in the interest of the public.
Opposing ideas
Article 8 of the human rights legislation states that everyone has the right to a private life.
Article 10 of the human rights legislation states that everyone has the right to free speech.
as a journalist you don't have to be a legal expert-you need to recognise an unexploded bomb when you see it and ask for someone more experienced. Identify danger.
Is it defamation? Is it contempt?
Confidentiality
Confidentiality is covered by common law.
people are generally allowed to have secrets, maybe things that are personally, commercially sensitive or professionally secret. Some people, such as lawyers or doctors, are trusted to keep a secret and if they don't then it is a breach of confidence.
When you find something that is secret, is genuine, and you could make a good story, you must take it to the person it is about and ask them to reply. They can then go and obtain an injunction which would stop you from printing anything. If you do not contact them and print the story then they can sue you.
An injunction is like a pause, until a court case can be held over the matter.
How do you know if something is actually confidential?
- It has the necessary quality of confidence, not just rumour
- It was provided in circumstances imposing an obligation (you can see why it would be kept a secret)
- There was no permission to pass on the information
- Detriment is likely to be caused to the people who gave the information
Do we have the right to publish or broadcast photos?
Yes. If there is consent. Consent can either be explicit (when a contract is signed) or implicit (When they understand that they are being filmed or photographed and do not try to stop it).
If there is no consent and no public interest- don't do it. There is no reason why a celebrity should be filmed in their private lives.
Tuesday 8 November 2011
In my defence...
There are four main defences against libel that a journalist must know about in case they get into any trouble after printing a controversial story. If the journalist in question has taken the necessary steps whilst researching their story then they will be able to justify their work with the following defences:
Justification
You cannot be sued for your comment if what you have posted is true.
In the defence of justification, the journalist in question would have to be able to prove that what they had written was true.
In 2008 former race car driver Max Mosley was outed by The News of the World as having sadomasochistic sex with prostitutes. Mosley was unable to sue for libel because the story was true and there was evidence to prove it. He did however manage to sue The news of the World for invading his private life. Under article 8 of the Human Rights Act, every person is entitled to a private and family life.
Justification is not only needed when a complete truth is told but is also necessary in cases where an event is inferred or an innuendo is used.
Fair Comment
The defence of Fair Comment protects publishes opinions as long as:
Privilege
On some occasions, the public interest demands complete freedom of speech. This is known as privilege. Privilege exists under common law and stature.
Absolute Privilege:
If you have absolute privilege you cannot be sued for anything you say whether it be true or false, spoken with intent to injure or not. However, a journalist may be reporting on an occasion that is protected by an absolute privilege but their work may not be.
Members of Parliament are protected by absolute privilege when they are in the house of commons. However reports on discussions held here are protected by qualified privilege. In the case of qualified privilege, the work published must be fair, accurate, published without malice and must allow the right of reply. Unlike absolute privilege, the work published must not necessarily be contemporaneous.
The only time that journalists have absolute privilege is when they are reporting on a court case or are in the proceedings in certain types of tribunals. The only requirement is 'A fair and acurate report of judicial proceedings held in public within the United Kingdom, published contemporaneously.'*
*Banks, David and Mark Hanna, McNae's Essential Law for Journalists 20th edition, Oxford University Press, 2009.
Justification
You cannot be sued for your comment if what you have posted is true.
In the defence of justification, the journalist in question would have to be able to prove that what they had written was true.
In 2008 former race car driver Max Mosley was outed by The News of the World as having sadomasochistic sex with prostitutes. Mosley was unable to sue for libel because the story was true and there was evidence to prove it. He did however manage to sue The news of the World for invading his private life. Under article 8 of the Human Rights Act, every person is entitled to a private and family life.
Justification is not only needed when a complete truth is told but is also necessary in cases where an event is inferred or an innuendo is used.
Fair Comment
The defence of Fair Comment protects publishes opinions as long as:
- The comment is the honest opinion of the person making it
- The comment is based on fact
- The comment is worded so it is understood to be a comment
- The fact that comment is based on is mentioned in the article (unless the fact is widely known)
- The fact that the comment is based on is in the public interest
- The comment is made without malice
Privilege
On some occasions, the public interest demands complete freedom of speech. This is known as privilege. Privilege exists under common law and stature.
Absolute Privilege:
If you have absolute privilege you cannot be sued for anything you say whether it be true or false, spoken with intent to injure or not. However, a journalist may be reporting on an occasion that is protected by an absolute privilege but their work may not be.
Members of Parliament are protected by absolute privilege when they are in the house of commons. However reports on discussions held here are protected by qualified privilege. In the case of qualified privilege, the work published must be fair, accurate, published without malice and must allow the right of reply. Unlike absolute privilege, the work published must not necessarily be contemporaneous.
The only time that journalists have absolute privilege is when they are reporting on a court case or are in the proceedings in certain types of tribunals. The only requirement is 'A fair and acurate report of judicial proceedings held in public within the United Kingdom, published contemporaneously.'*
*Banks, David and Mark Hanna, McNae's Essential Law for Journalists 20th edition, Oxford University Press, 2009.
Saturday 5 November 2011
How advertising links to reader content.
Listen to the today programme. 3million listeners, 3 times more than the biggest broadsheet.
'Journalism in my view is the business of turning information into money'.-Chris 'We find information and we sell it to people, to do that you have to know what people want to buy. Nobody knows what people want, it's a mystery.'
'Don't believe market research, it's voodoo, it's bollocks.'
Nobody knows what their readers want but they can take a good guess by their activity.
The Daily Mail is the biggest selling newspaper.
Tabloids are headline driven.
compare the news agenda of the paper to its target audience.
the key to advertising is 'product diferentiation' they have to persuade you to buy something that's the same as everything else.
point of sale- very swaying of people--fmcg, branded, heavily marketed, impulse buy.
Fast Moving Consumer Goods-Chocolate, beer, things you don't need...
the news agenda is the order in which the stories are running.
'advertisers try to keep you in this perpetual world of being a child' when you just want everything.
broadsheets are more dependent on advertising revenue than tabloids.
headline dependency--people think of themselves as a 'daily telegraph reader' family people who aren't stupid. peoples perceptions of themselves are better than the reality. Theres more brand loyalty to the newspapers the higher up you go. The downmarket stuff has to compete much more in the newsagents. price elasticity in this range of the market. Flexible market. Tabloids think far more about headlines so that they can appeal to the mass market.
Journalists on tabloid are more talented than broadsheet journalists. It's harder to be liked in the mass market.
the times used to be the journal of record so has a lot of status.
aspirational-the tabloid word for greed.
broadsheets more dependent on advertising because they have lower sales.
Of the 30p the sun costs almost none of that will go back to the sun it will stay with the retailer. The space where the paper is kept is rented out to the paper.
broadsheets have a low circulation and a high cover price. Newsagents are not interested in the FT, and of the money spent on it some goes back to the FT.
yuppies - young urban professionals--single people with high income.
The daily mail is the only newspaper with the majority of women readers.
Buying newspapers is heavily related to behaviour--going to work. Women are more incorporated in the work force and so now buy newspapers.
'Journalism in my view is the business of turning information into money'.-Chris 'We find information and we sell it to people, to do that you have to know what people want to buy. Nobody knows what people want, it's a mystery.'
'Don't believe market research, it's voodoo, it's bollocks.'
Nobody knows what their readers want but they can take a good guess by their activity.
The Daily Mail is the biggest selling newspaper.
Tabloids are headline driven.
compare the news agenda of the paper to its target audience.
the key to advertising is 'product diferentiation' they have to persuade you to buy something that's the same as everything else.
point of sale- very swaying of people--fmcg, branded, heavily marketed, impulse buy.
Fast Moving Consumer Goods-Chocolate, beer, things you don't need...
the news agenda is the order in which the stories are running.
'advertisers try to keep you in this perpetual world of being a child' when you just want everything.
broadsheets are more dependent on advertising revenue than tabloids.
headline dependency--people think of themselves as a 'daily telegraph reader' family people who aren't stupid. peoples perceptions of themselves are better than the reality. Theres more brand loyalty to the newspapers the higher up you go. The downmarket stuff has to compete much more in the newsagents. price elasticity in this range of the market. Flexible market. Tabloids think far more about headlines so that they can appeal to the mass market.
Journalists on tabloid are more talented than broadsheet journalists. It's harder to be liked in the mass market.
the times used to be the journal of record so has a lot of status.
aspirational-the tabloid word for greed.
broadsheets more dependent on advertising because they have lower sales.
Of the 30p the sun costs almost none of that will go back to the sun it will stay with the retailer. The space where the paper is kept is rented out to the paper.
broadsheets have a low circulation and a high cover price. Newsagents are not interested in the FT, and of the money spent on it some goes back to the FT.
yuppies - young urban professionals--single people with high income.
The daily mail is the only newspaper with the majority of women readers.
Buying newspapers is heavily related to behaviour--going to work. Women are more incorporated in the work force and so now buy newspapers.
Thursday 3 November 2011
'But that's mine!'...Copyright Law and how it works.
Copyright Law is put in place to protect peoples intellectual property. 'Intellectual property' refers to the product of a persons creativity, skill, time or labour. Copyright does not have to be registered in order to protect literary, dramatic, musical, film, photography or broadcasting work of an individual. The condition of the protection of a person's work by copyright law is that some effort must have gone into the creation of their original work. A person has copyright over something they have produced for 70 years after their death and a piece of film is copyrighted for 50 years after its production.
Copyright only exists in the way that information or creativity is expressed, therefore there is no copyright over ideas or facts.
Much legal action has been taken over the game of Trivial Pursuit. in 1984, Fred Worth filed a lawsuit against game creator's Chris Haney and Scott Abbott for allegedly taking many of the facts for their game from his trivia books. Worth lost the case as there can be no copyright on facts, even though he was able to show that they had used particular facts that were untrue, a device used by Worth so that he was able to tell if someone else was using the facts that he had collected.
The creators were again involved in a dispute over the game in 1994, when David Wall stated that he had picked up Haney whilst he was hitchhiking and had told him of his ideas for a board game like Trivial Pursuit. Mr Wall lost the case because there is no copyright over ideas.
But what about the news?
In the case of the news, there is no copyright over the information reported on. However, there is copyright on the article that the information is expressed in. Remember, there is no copyright over facts, only over expression. This also includes interviews that may be carried out during the article.
So, what about spoken words?
Under the Copyright Act, 1988, there is copyright in an individuals spoken words. Under section 58 of the Copyright Act, the speakers words can be recorded for reporting purposes as long as:
Do I have copyright over everything I produce?
You do, as long as you're careful about it. If you work for a newspaper, it may say somewhere in your contract that they have copyright over your work, so always read things carefully.
In a bizarre event, John Fogerty of Creedence Clearwater Revival was taken to court over a copyright issue where he was thought to have plagiarised himself. When Fogerty left CCR he had to sign away the royalties of his songs. Later when he released another song, he was accused of plagiarising another of his own songs, to which he no longer held the royalties. Fogerty insisted that the song was in the style that he had always worked in, and after playing the song to the jury it was decided that the two songs did not sound alike enough to be considered plagiarism and the case was dropped.
What if I don't approve of what my work is being used for?
The authors of copyrighted work have moral rights. This means that the work produced cannot be used in a way which the author is not comfortable with, such as being falsely attributed to them or used in a derogatory way.
Copyright only exists in the way that information or creativity is expressed, therefore there is no copyright over ideas or facts.
Much legal action has been taken over the game of Trivial Pursuit. in 1984, Fred Worth filed a lawsuit against game creator's Chris Haney and Scott Abbott for allegedly taking many of the facts for their game from his trivia books. Worth lost the case as there can be no copyright on facts, even though he was able to show that they had used particular facts that were untrue, a device used by Worth so that he was able to tell if someone else was using the facts that he had collected.
The creators were again involved in a dispute over the game in 1994, when David Wall stated that he had picked up Haney whilst he was hitchhiking and had told him of his ideas for a board game like Trivial Pursuit. Mr Wall lost the case because there is no copyright over ideas.
But what about the news?
In the case of the news, there is no copyright over the information reported on. However, there is copyright on the article that the information is expressed in. Remember, there is no copyright over facts, only over expression. This also includes interviews that may be carried out during the article.
So, what about spoken words?
Under the Copyright Act, 1988, there is copyright in an individuals spoken words. Under section 58 of the Copyright Act, the speakers words can be recorded for reporting purposes as long as:
- the recording is direct and has not been taken from another recording
- the speaker has not forbidden the right to record
- the purpose of the recording has not been forbidden by the speaker/copyright owner
Do I have copyright over everything I produce?
You do, as long as you're careful about it. If you work for a newspaper, it may say somewhere in your contract that they have copyright over your work, so always read things carefully.
In a bizarre event, John Fogerty of Creedence Clearwater Revival was taken to court over a copyright issue where he was thought to have plagiarised himself. When Fogerty left CCR he had to sign away the royalties of his songs. Later when he released another song, he was accused of plagiarising another of his own songs, to which he no longer held the royalties. Fogerty insisted that the song was in the style that he had always worked in, and after playing the song to the jury it was decided that the two songs did not sound alike enough to be considered plagiarism and the case was dropped.
What if I don't approve of what my work is being used for?
The authors of copyrighted work have moral rights. This means that the work produced cannot be used in a way which the author is not comfortable with, such as being falsely attributed to them or used in a derogatory way.
Introduction to Journalism, Week 5.
Public interest is defined in the PCC code of conduct
1. Exposing crime
2. Danger to the health of the community
3. Misleading the public generally
Don't waste any time trying to work out why people do things.
We don't know why they do it, we just know that they do it.
The Pink Pound- Gay men, earn like men spend like women.
Features like the opposite of news. Don't use psychoanalysis in the news, do use it in magazines.
Papers split into editorial and advertising.
Editorial can be split into further categories: News and features.
News within journalism- event lead. Must have some kind of event happening.
Features are production lead.
The news agenda is the order in which a story is run in the paper.
Broad sheet/bbc news agenda--heavily news lead, ignores whats on telly, lead by whats happening in parliament/court.
track agenda, obtain rate card. Get Facts.
AUDITBUREAUCIRCULATION abc.
1. Exposing crime
2. Danger to the health of the community
3. Misleading the public generally
Don't waste any time trying to work out why people do things.
We don't know why they do it, we just know that they do it.
The Pink Pound- Gay men, earn like men spend like women.
Features like the opposite of news. Don't use psychoanalysis in the news, do use it in magazines.
Papers split into editorial and advertising.
Editorial can be split into further categories: News and features.
News within journalism- event lead. Must have some kind of event happening.
Features are production lead.
The news agenda is the order in which a story is run in the paper.
Broad sheet/bbc news agenda--heavily news lead, ignores whats on telly, lead by whats happening in parliament/court.
track agenda, obtain rate card. Get Facts.
AUDITBUREAUCIRCULATION abc.
Tuesday 25 October 2011
Getting the ball rolling.
A hate crime occurs when a criminal act is carried out and has been motivated by a bias against a victim of an opposing social group, ethnicity, sexual orientation, religion, age, nationality, disability, gender, class, political affiliation, racial group or gender identity.
Today I'd like to briefly discuss the idea of 'Hate Crime', specifically in relation to the recent tragedy in Scotland where a man was beaten up and burned to death. Police are investigating whether or not the death of the openly gay man, named Stuart Walker, was a homophobic attack.
A spokesperson said 'In terms of claims of his sexuality and lifestyle we are not ruling out any aspect of his life to try and identify why someone would want to kill him.'
Journalist Laurie Penny tweeted on the incident:
It's appalling that this is still a society where, when a gay man is murdered, we have to consider that it may have been because he was gay.
I agree with Penny. It really is saddening that we hate at all, but when we must consider that our hatred of those different to us inspires murder, surely it must stand as a wake up call? We are all different from eachother, we are all capable of acquiring enemies, and although it may not feel like it, we are all individually capable of making a positive change. Nobody wants to live in fear because of what they are.
Rest In Peace, Stuart Walker.
Today I'd like to briefly discuss the idea of 'Hate Crime', specifically in relation to the recent tragedy in Scotland where a man was beaten up and burned to death. Police are investigating whether or not the death of the openly gay man, named Stuart Walker, was a homophobic attack.
A spokesperson said 'In terms of claims of his sexuality and lifestyle we are not ruling out any aspect of his life to try and identify why someone would want to kill him.'
Journalist Laurie Penny tweeted on the incident:
It's appalling that this is still a society where, when a gay man is murdered, we have to consider that it may have been because he was gay.
I agree with Penny. It really is saddening that we hate at all, but when we must consider that our hatred of those different to us inspires murder, surely it must stand as a wake up call? We are all different from eachother, we are all capable of acquiring enemies, and although it may not feel like it, we are all individually capable of making a positive change. Nobody wants to live in fear because of what they are.
Rest In Peace, Stuart Walker.
What is journalism?
In the week 4 media law lesson we discussed a number of things, rounding off with what we think Journalism actually is. After much deliberation, we came to the conclusion that Journalism is: 'Stuff you write for money, and it's a story, and it's true'. Putting extra emphasis on the fact that said story should be in the public interest.
We also discussed our upcoming assignment, in which we will be given to opposing newspapers (such as The Independent and The Sun) and analyse their output. We'll also need to get in touch with the newspapers to get their Rate Cards. A Rate Card contains the details of the organization's rate for advertising and also their demographic, as their adverts are directed to a certain demographic. From this information we will be able to give a presentation on the concept of the news agenda and the concept of demographics.
We watched videos of the two Rachel's (Rachel Hepworth and Rachel Canter) giving their views on the MA Journalism course at Winchester. Rachel Hepworth said:
'If you have passion, drive and enthusiasm then you will get there. If there are cutbacks, you will find opportunities for freelance. Freelance is a great way to get into the industry if you're starting out.'
and Rachel Canter said her only criticism would be that the Winchester students did not talk to many 'real people' and stated that we should carry out more voxpops. However, Chris Horrie didn't seem to agree with this statement.
We were also told that when we apply for jobs to specify that we work in all aspects of Journalism, including radio, television, production and online journalism. We discussed the jobs that the previous MA students are now in, including working for ITN and Al-Jazeera, and looked at the documentary Karet by Shira Pinczuk, an incredible documentary about the Samaritan community in Israel and Palestine which sets the bar incredibly high when it comes to student documentaries. I'd better get looking into how to raise that bar!
We also discussed our upcoming assignment, in which we will be given to opposing newspapers (such as The Independent and The Sun) and analyse their output. We'll also need to get in touch with the newspapers to get their Rate Cards. A Rate Card contains the details of the organization's rate for advertising and also their demographic, as their adverts are directed to a certain demographic. From this information we will be able to give a presentation on the concept of the news agenda and the concept of demographics.
We watched videos of the two Rachel's (Rachel Hepworth and Rachel Canter) giving their views on the MA Journalism course at Winchester. Rachel Hepworth said:
'If you have passion, drive and enthusiasm then you will get there. If there are cutbacks, you will find opportunities for freelance. Freelance is a great way to get into the industry if you're starting out.'
and Rachel Canter said her only criticism would be that the Winchester students did not talk to many 'real people' and stated that we should carry out more voxpops. However, Chris Horrie didn't seem to agree with this statement.
We were also told that when we apply for jobs to specify that we work in all aspects of Journalism, including radio, television, production and online journalism. We discussed the jobs that the previous MA students are now in, including working for ITN and Al-Jazeera, and looked at the documentary Karet by Shira Pinczuk, an incredible documentary about the Samaritan community in Israel and Palestine which sets the bar incredibly high when it comes to student documentaries. I'd better get looking into how to raise that bar!
Friday 21 October 2011
Week 3 Lecutre. Libel and Defamation
Libel and defamation
- Defamation is writing or broadcasting something about someone that tends to lower right-thinking peoples opinions of them.
- Causes them to be shunned or avoided.
- Disparages them in their business, trade or profession.
- Exposes them to hatred, ridicule and contempt.
Defamation via Pictures
- Careless use of background shots with the wrong voice-over.
- People must not be identifiable
Reputation and meaning
- Reputation is precious, especially if you are in public.
- Meaning as interpreted by 'reasonable person'
- Beware of inferences-(hazard)
- Beware of innuendos (hazard)
Publication+Defamation+Identification=Libel.
Libel Defences
- Justification- It's true and I can prove it in court
- Fair Comment- honestly held opinion based upon facts, or privileged material, in public interest. (depending on how you phrase your comments!)
- Absolute privilege- Court reporting.
- Qualified privilege- police quotes, pressers.
Defences
- Bane and antidote- defamation removed by context.
- Apologies and clarifications.
Reynolds defence
Material must be:
- In the public interest,
- Product of 'responsible journalism'
No defence
- When you have not checked your facts
- When you have not referred up
- Don't get carried away by a good story
- When you have not put yourself in the shoes of the person you are writing the story about.
- When you don't bothered to wait for the lawyers opinion.
Recognise risks
- Who am I writing about and could they sue?
- Is what I'm writing potentially defamatory?
- Do I have a defence?
- Lawyers never mind being asked
Crime Reporting in the Court. Media Law Week 2.
In this weeks lecture we discussed reporting crime in the court. There are certain risks when it comes to reporting crime in the court, such as:
Prejudice
Prejudice is when facts and/or opinions are published when the may have an effect on the case in question. If this happens, you may be guilty of:
Contempt
It is an offence to publish any information that may change ones view of the accused, therefore not allowing them the right of fair trial.
Detention without charge
A police officer has the ability to hold a suspect for 24 hours. A Senior Officer can extend this period by 12 hours and, if necessary, a magistrate can extend this period by 36 hours.
What can be written in pre-trial reports:
Magistrates can give a six month jail sentence or a fine of up to £5000. They can also give ASBOs, community sentences, conditional discharges and suspend sentences.
The key stages of a trial
IF IN DOUBT, LEAVE IT OUT.
Prejudice
Prejudice is when facts and/or opinions are published when the may have an effect on the case in question. If this happens, you may be guilty of:
Contempt
It is an offence to publish any information that may change ones view of the accused, therefore not allowing them the right of fair trial.
Detention without charge
A police officer has the ability to hold a suspect for 24 hours. A Senior Officer can extend this period by 12 hours and, if necessary, a magistrate can extend this period by 36 hours.
What can be written in pre-trial reports:
- The name, age, address and occupation of the defendant.
- The charge against them.
- The name of the court.
- The name of the magistrate.
- The names of solicitors and barristers.
- Arrangements with the defendant's bail.
- Whether or not legal aid was granted.
- Indictable cases can give a sentence of 5+ years
- an Either-Way case can go to a Crown Court of Magistrates
- A Summary is handled at a Magistrates court.
Magistrates can give a six month jail sentence or a fine of up to £5000. They can also give ASBOs, community sentences, conditional discharges and suspend sentences.
The key stages of a trial
- Prosecution opens
- Key prosecution witness
- Defence opens
- Key Defence witness
- Judge summary
- Jury leave, deliberate
- Verdict
- Sentencing
IF IN DOUBT, LEAVE IT OUT.
Tuesday 18 October 2011
People to know about, Media Law week 1.
The Lord Chief Justice
Lord Judge
Lord Igor Judge is the current Lord Chief Justice and has been so since October 2008. Lord Judge represents the views of the judiciary of England and Wales to Government and Parliament. He is responsible for the judiciary of England and Wales' welfare, guidance and training and also oversees the assignment of judges into courts in these areas.
The Lord Chief Justice gives his judgement on appeal cases deemed important, and, along with the Lord Chancellor, oversees the office of Judicial Complaints. It is no doubt that Judge has an almost overwhelming array of tasks to consider. So much so that he may be at risk of being attacked for his views.
In May of this year, Lord Judge was said to have 'allowed himself to be labelled 'enemy of free speech'' when he contradicted himself by stating that 'Modern technology is out of control, anybody can put anything on it', despite the fact that he had previously stated that ‘people who, in effect, peddle lies about others by using modern technology may one day be brought under control.’. Joshua Rozenberg, who wrote the article in the Law Society Gazette, felt that 'Judge allowed himself to be portrayed as someone with a personal interest in restricting freedom of speech.' Bringing us to another unsatisfying halt on the clash between privacy and freedom of speech.
DPP
Director of Public Prosecutions
Kier Starmer
Kier Starmer is known for being one of England's most gifted lawyers and an expert in human rights.
As the Directer of Public Prosecutions, Starmer is responsible for the prosecutions and legal issues made throughout England and Wales.
Lord Chancellor
Kenneth Clarke
The Lord Chancellor is a senior member of the Government of the United Kingdom and is appointed so by the Sovereign and on the advice of the Prime Minister. The Lord Chancellor is also responsible for the efficient running of the courts. Alongside this role, Clarke is also a member of Parliament.
Friday 14 October 2011
About me
My name is Nicola and I'm a 21 year old student from South East London. For the past three years I've lived in Winchester whilst I studied for a degree in English Literature. I am currently studying a Masters in Journalism, working, and generally feeling like I have a million things to do. A feeling which, remarkably, I thoroughly enjoy. I have all the usual hobbies that are listed by anyone who is asked what their hobbies are, excluding playing sports, which I only pretend to do. Ideally, I'd like to work for a magazine in the future, or at least that's the plan right now. However, I feel that this Journalism course is exhibiting options I'd never considered, so don't hold me to that.
I hope my future blogs are filled with interesting facts and fantastic witticisms.
This one really wasn't.
I hope my future blogs are filled with interesting facts and fantastic witticisms.
This one really wasn't.
Subscribe to:
Posts (Atom)