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Law for Journalists

Law for Journalists

Frances Quinn

(2018)

Additional Information

Book Details

Abstract

Written by a working journalist with over 20 years’ experience, Law for Journalists is designed to equip you with a solid understanding of the day-to-day legal principles and practices you will need throughout your career.

 

Suitable for use on courses accredited by the NCTJ and BCTJ, this book is packed full of practical tips and suggestions, making it a must-have guide to media law for journalism students, trainees and working journalists alike.

 

New to this edition:

 

●   Discussion of the first cases brought since the Defamation Act 2013 came into force, highlighting how the new provisions are being interpreted by the courts.

●   Increased coverage of broadcast and online journalism, and social media.

●   More detailed focus on the ethical codes of practice used by Ofcom and IPSO.

 


Table of Contents

Section Title Page Action Price
Front Cover Front Cover
Half Title Page i
Title Page iii
Copyright Page iv
Brief Contents v
Full contents vii
Acknowledgements xii
Table of cases xiii
Table of European legislation xxiv
Table of statutory instruments xxiv
Table of statutes xxv
SECTION 1: LAW AND THE LEGAL SYSTEM 1
1 How law is made 3
Sources of law 3
Test your knowledge 9
2 The legal system 10
Types of law 10
The court system 11
People in the legal system 12
Test your knowledge 14
3 Criminal courts and procedure 15
The criminal courts 15
Magistrates’ courts 15
Criminal justice procedure 16
Types of sentence 25
Appeals and retrials 28
Common crimes 32
Test your knowledge 36
4 Civil courts and procedure 38
The civil courts 38
Civil litigation procedure 40
Appeals in civil cases 42
Common civil claims 44
Test your knowledge 45
5 Human rights and English law 47
The European Convention and the Human Rights Act 47
Human rights and media law 49
Test your knowledge 53
SECTION 2: WRITING ABOUT THE COURTS 55
6 Contempt of court 57
Publications prejudicial to a fair trial 58
‘Strict liability’ contempt 58
Intentional contempt 76
Other types of contempt 79
Sanctions for contempt 84
Test your knowledge 87
7 Access to the courts 89
The general rule on access 89
Restrictions on court access 91
Test your knowledge 103
8 General reporting restrictions 104
Reporting restrictions under the Contempt of Court Act 1981 104
Postponing publication: the s4 (2) order 105
Preventing publication: the s11 order 110
Other general reporting restrictions 114
Test your knowledge 116
9 Reporting restrictions in criminal cases 117
Restrictions on hearings before trial 117
Restrictions in rape and sexual offences 125
Reporting pleas in mitigation 132
Protecting vulnerable witnesses 133
Reporting restrictions in appeals against acquittal 136
Provisions against anti-social behaviour 140
Test your knowledge 141
10 Reporting restrictions concerning children 142
Criminal cases in youth court 142
Children in criminal cases inadult courts 146
Reporting anti-social behaviour cases involving children 154
Children in civil court cases 155
Test your knowledge 156
11 Reporting the family court 158
The work of the family court 158
Access to family proceedings 159
Reporting the family courts 165
Test your knowledge 176
12 Reporting inquests 177
Inquest procedure 177
Reporting inquests 179
Test your knowledge 182
13 Reporting tribunal,inquiries and insolvency proceedings 183
Reporting tribunals 183
Employment tribunals 185
Public inquiries 189
Insolvency proceedings 190
Other proceedings for companies in trouble 193
Test your knowledge 194
14 Challenging reporting restrictions 195
Preventing restrictions 195
Challenging orders 196
Test your knowledge 201
SECTION 3: DEFAMATION AND MALICIOUS FALSEHOOD 203
15 Defamation 205
The elements of defamation 206
The meaning of ‘defamatory’ 206
Referring to the claimant 226
Publication 231
Who can sue for defamation? 234
Slander 236
Test your knowledge 238
16 Defences and remediesfor defamation 239
Defences 239
Remedies for defamation 267
Test your knowledge 271
17 Malicious falsehood 272
What is malicious falsehood? 272
Test your knowledge 274
SECTION 4: PRIVACY, CONFIDENTIALITY AND COPYRIGHT 275
18 Breach of confidence 277
Elements of a breach of confidence claim 277
Defences 284
Remedies for breach of confidence 287
Test your knowledge 288
19 Privacy 290
Elements of a privacy claim 290
Remedies in privacy actions 305
Claims under the Protection from Harassment Act 1997 307
The ’right to be forgotten’ 311
Test your knowledge 312
20 Trespass, harassment and unethical behaviour 313
Trespass 313
Harassment 314
Intercepting calls, post or emails 315
Test your knowledge 319
21 Protecting sources and material 320
The Contempt of Court Act 1981 320
PACE – information required by the police 324
The Official Secrets Acts 327
The Terrorism Act 2000 328
Other legislation 329
Test your knowledge 331
22 Data protection 332
Information covered by the Act 332
Media duties under the Act 334
Exemptions for the media 337
Investigation and enforcement 340
Problems with gathering information 340
Obtaining information from others 342
Test your knowledge 342
23 Copyright 343
Works protected by copyright 343
Ownership of copyright 347
Infringing copyright 349
Defences 352
Remedies for breach of copyright 357
Moral and privacy rights 358
Test your knowledge 360
SECTION 5: CODES OF PRACTICE AND ETHICS 363
24 Press regulation 365
IPSO and the Editors’ Code of Practice 365
Complaints to IPSO 366
The Editors’ Code of Practice 366
25 The Ofcom Code 373
The Ofcom Broadcasting Code 373
Provisions of the Code 374
Crime, Disorder, Hatred and Abuse 376
Commercial communications on radio 386
Test your knowledge 387
SECTION 6: REPORTING LOCAL AND NATIONAL GOVERNMENT 389
26 Official secrets 391
The Official Secrets Act 1911 391
Official Secrets Act 1989 392
The Defence and Security Media Advisory Notice System 395
Test your knowledge 396
27 Reporting local government 397
The basic rules on reporting local government meetings 397
Access to local government meetings 398
Access to local government records 403
Test your knowledge 405
28 Reporting elections 406
Offences related to election reporting 406
Other legal considerations 409
Test your knowledge 410
29 Freedom of information 411
The Freedom of Information Act 2000 411
Environmental information 422
Test your knowledge 422
SECTION 7: RACE, RELIGION AND PUBLIC ORDER 423
30 Race and religion 425
Incitement to racial hatred 425
Religious hatred 428
Test your knowledge 429
Glossary 430
Further reading 435
Index 437
Back Cover Back Cover