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.

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!

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:
  • 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. 
Categories of offence
  • 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.
What can a magistrate do?

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
  1. Prosecution opens
  2. Key prosecution witness
  3. Defence opens
  4. Key Defence witness
  5. Judge summary
  6. Jury leave, deliberate
  7. Verdict
  8. Sentencing
RECOGNISE RISK
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.