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.

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.

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
If any of the about if missing then its not secret.

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:
  • 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
If a comment is made that is not the commenter's true opinion and it is made with intent to injure then the commenter can be sued for 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.

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:
  • 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
A speakers words can be recorded without their knowledge, however, once the words are recorded they are copyright of the speaker. If the speaker has been reading from a script, not only does the speaker have copyright of the speaking but the writer of the script also has copyright over the words spoken.

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.