Nikko Antonio Unit 50A4 Legal and Ethical
For this assignment I am to take on the role of a news editor and outline how I would ensure the content of my news stories abides by legal and regulatory constraints and does not cause offence to readers on ethical grounds.
The PCC
The PCC is an independent self-regulatory body which deals with complaints about the editorial content of newspapers and magazines including their websites. They keep industry standards high by training journalists and editors, and work pro-actively behind the scenes to prevent harassment and media intrusion. They can provide pre-publication advice to journalists and the public and have published advice on dealing with media attention after death.
Examples:
1. Complaints name: Steve and Angie Collins
Publication: Hertfordshire Mercury
Complaint: The complainants, Steve and Angie Collins, had complained to the Press Complaints Commission that an article which reported on a series of armed robberies had inaccurately portrayed the link between a criminal gang and their gym. The complainants were concerned that the article had misleadingly created the impression that the gang had trained for their crimes in the complainants’ gym, in breach of Clause 1 (Accuracy) of the Editors’ Code of Practice.
Resolution: The complaint was resolved when the PCC negotiated the publication of the following clarification and apology:
In our article, “Bodybuilders on trial over series of armed raids” (Mercury, Sept 20), we reported that the defendants had trained at Cheshunt’s Monster Gym. We are more than happy to clarify that they were not training for raids at the gym and that the gym is not complicit in any of these attacks. We apologise if that was the impression created. Date Published: 08/11/2012
Hertfordshire Mercury (2012), Steve and Angie Collins [internet]
http://www.pcc.org.uk/news/index.html?article=ODEwMw== accessed on 14/11/2013
This complaint was about Steve and Angie Collins stating that an article created the impression that a criminal gang had trained for their crimes in their gym
2. Complainant Name: Hertfordshire Constabulary
Publication: Hertfordshire Mercury
Complaint: Hertfordshire Constabulary complained to the Press Complaints Commission about an article containing a quotation which had been inaccurately attributed to a police spokesperson.
Resolution: The complaint was resolved following a private meeting between the parties. Date Published: 07/02/2013 Hertfordshire Mercury (2013), Hertfordshire Constabulary [internet] http://www.pcc.org.uk/news/index.html?article=ODI2Nw== accessed on 14/11/2013
3. Complainant Name: Ms Sarah Bissett Scott
Publication: Daily Mirror
Complaint: Ms Sarah Bissett Scott of Hertfordshire complained that articles in several newspapers including the Daily Mirror describing an alleged relationship between her and John Prescott were inaccurate in a large number of respects and used misleading terminology. She also said that some articles had misquoted her.
Resolution: The matter was resolved when the newspaper noted the complainant’s position as being: that there was no affair between her and Mr Prescott, that she was never his mistress, and she has neither taken nor been offered any advantage for herself, her professional or political standing nor for her business in this matter; and that reports that she “claimed to have had an affair with Mr Prescott” are untrue. The newspapers agreed to place a warning on their internal databases to the effect that a complaint to the PCC had been made and that details of the complaint could be found in the legal department, managing editor’s office or elsewhere. Date published: N/A Daily Mirror (2013), Ms Sarah Bissett Scott [internet] http://www.pcc.org.uk/news/index.html?article=NDAzMw== accessed on 14/11/2013
This is a complaint from Ms Sarah Bissett Scott stating that many newspapers including the Dailey Mirror described an alleged relationship between her and John Prescott were inaccurate and used misleading terminology. She also said some articles had misquoted her.
The Leveson inquiry: The Prime Minister announced a two-part inquiry investigating the role of the press and police in the phone-hacking scandal, on July 13 2011. Lord Justice Leveson was appointed as Chairman of the inquiry. This was set up because of the allegations of illegal phone-hacking at the News of the World. This affected a lot of people but as soon as celebrities and politicians were involved, this is where it caused an uproar therefore the inquiry was set up to fix it.
IPSO
Independent Press Standards Organisation (IPSO). IPSO replaced the PCC who were set up by Leveson inquiry that suggested that it should have legal powers however the press did not like the idea giving them that power.
News stories involving minors
A minor means a boy and girl who are under the age of 16. It is illegal to report anything on a minor or interview them without the permission from a parent or guardian or a school head teacher. If there was a case in court involving a juvenile, journalists cannot reveal the names of people under the age of 18 unless a magistrate or judge has permitted it.
There are acceptations to the rules if the case is very big, horrific and very tragic. Three examples would be the tragic stories of Baby P, James Bulger and Victoria Climbie.
Jamie Bulger was a two year old boy from Kirkby, Mereyside who was murdered in February 1993. He was abducted by two 10 year old boys who were referred as child A and B and taken to an abandoned railway where he was brutally beaten and tortured then finally they dropped a 22 pounds iron bar on his head which struck the final blow. After the case was taken to court, they finally released the names of child A and B revealing their true identity Robert Thompson and John Venables.
.Baby P: Peter Connelly was a 17 month old British boy who died in London after suffering numerous amounts of injuries over an eight-month period from his mother and her boyfriend. He was known as “Baby P”, “Child A” and “Baby Peter” until his full identity was revealed when his killers were named after the expiry of a court anonymity order on August 2009. His killers were Tracey Connelly, 28, who was also the baby’s mother. Steven Barker, 33, who was Connelly’s partner, was the other killer. Connelly has now been released after Parole Board recommended her release following a second review of her case.
.Victoria Climbie: In 2000 in London, England, an eight year old Ivorian girl Victoria Adjo Climbie was tortured and murdered by her guardians. Her death led to a public inquiry and produced major changes in child protection policies in England. Victoria’s death was largely responsible for various changes in child protection in England, including the formation of the Every Child Matters program, an initiative designed to improve the lives of children; the introduction of the Children Act 2004, an Act of Parliament that provides the legislative base for many of the reforms; the creation of Contact Point, and the creation of the post of children’s commissioner, who heads the Office of the Children’s Commissioner, a national agency serving children and families.
ECM had 5 points they wanted to state and make clear to everyone. They were; stay safe, be healthy, enjoy and achieve, economic well-being and positive contribution.
Contempt of Court
Contempt of court is a court order which in the context of a court hearing or trial, declares a person or organisation to have disobeyed or been disrespectful of the court’s authority. The greatest risk of this is that a publication may publish information that can affect and may prejudice a fair trial mainly influencing jurors to think badly of a defendant.
Examples:
1. The Sunday Mirror paid one of the largest contempt of court fines in newspaper history after publishing an article that led to the collapse of the £10 million trial of Lee Bowyer and Jonathan Woodgate of Leeds United football club. This led to the people in jury reading the newspaper making a decision on what they read instead of what they heard in court. The paper had to pay £75,000 for contempt of court by Lord Justice Kennedy and Mrs. Justice Rafferty and will pay £54,000. The Sunday Mirror was accused for printing an interview of the victim while the jury was still deliberating on the case. It was contempt because the case was not finished and they published the story before the case was solved. This article was printed in the year 2002.
2. Joanne Fraill was a juror, who contacted a defendant over Facebook and has admitted contempt of court in the first case of its kind in the UK involving the internet. London’s High Court heard that Fraill, contacted Jamie Sewart, who had already been acquitted in a drugs trial costing £6m in Manchester. Because other defendants were still on trial, the judge decided to discharge the jury, and the case collapsed. Because of this, Fraill was sentenced for eight-months.
3. The Times and a jury foreman who spoke against the verdict delivered by his jury faced prosecution after a successful application at the High Court by the Attorney General.
Mike Seckerson was one of two jurors who dissented from the majority verdict in the case of Keran Henderson, a child minder convicted by 10 votes to two in 2007 for the manslaughter of 11-month-old Maeve Sheppard. He faced prosecution for contempt of court along with the Times newspaper, which published an article in December 2007 revealing the jurors’ views quoted anonymously that Henderson had been wrongly convicted of killing the child. They got fined £60,000.
Defamation
Defamation is a false statement that can affect a person’s reputation, self-confidence, business groups and can lead to a decrease of respect. Slander and libel are types of defamation; slander is a spoken type of defamation which will mostly occur on TV or radio. Libel is a written type of defamation which usually occurs in magazine articles or newspapers. MP’s have authorisation to be able to say something about a person and not be sued but that is not the case if said outside Parliament.
Examples:
1. Goncalo Amaral published a book claiming the girl was dead and that her parents had lied about what happened. The McCanns, who deny the claims, say the book discouraged people from coming forward with information. The family’s lawyer Isabel Duarte told reporters that the couple are seeking damages because they claim Mr Amaral’s book defamed them and they maintain Madeleine was abducted.
2. Frankie Boyle is a man of many things, but he is not a racist. The comedian won £54,650 in damages after a High Court jury found that the Daily Mirror had libeled him by calling him a “racist comedian”. They were successful in getting Mr Boyle’s claim for malicious falsehood over those words thrown out by the judge last Thursday. But jurors ruled in favour of Mr Boyle after a week-long libel trial. He claimed the Daily Mirror article which began with the words, “Racist comedian Frankie Boyle” was defamatory and brought him into “odium and contempt”.
3. The People newspaper, Star and Hot Stars magazines in 2004 published stories alleging Mr Williams had engaged in casual homosexual sex. Northern and Shell published in Star and Hot magazines in September 2004 claiming the Williams has been keeping his homosexual encounters a secret. Robbie Williams won the libel damages of the accusation of him being gay.
The Official Secrets Act
The Official Secrets Act is for legalisation that provides the protection of official information and mainly to national security. Journalists are not allowed to reveal any information which could breach National security.
Invasion of privacy
The intrusion into the personal life of a person, without cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person that intruded their privacy.
Examples:
1. Complainant Name: Mrs Tina Middleton
Publication: The Sentinel (Staffordshire)
Complaint: Mrs Tina Middleton complained that an article about the arrest of her next-door-but-one neighbours had included a picture not of the neighbours’ home but of her property. She was concerned that people who saw the article would be misled into thinking that she was involved in the incident. She also considered the inclusion of the picture to be an invasion of her privacy.
Resolution: The matter was resolved when the newspaper agreed to remove the photograph from its archive. The sentinel (2013), Mrs Tina Middleton [internet] http://www.pcc.org.uk/news/index.html?article=NDcyNw== accessed on 21/11/2013 Complainant Name: Mr Geoffrey Castle
Publication: Daily Mail
Complaint: Mr Geoffrey Castle complained to the Press Complaints Commission that an article had published his daughter’s holiday photo and named her without her consent, which he considered to be an invasion of her privacy.
Resolution: While the newspaper did not accept that the article was in breach of Clause 3, the complaint was resolved when the PCC negotiated the removal of the name and photograph of the complainant’s daughter from the online version of the article. Dailey Mail (2013), Mr Geoffrey Castle [internet] http://www.pcc.org.uk/news/index.html?article=Njk3Ng== accessed on 21/11/2013
2. Complainant Name: Mr W G Ibberson
Publication: Brighouse Echo
Complaint: Mr W G Ibberson of Brighouse, West Yorkshire, complained to the Press Complaints Commission that a photograph accompanying an article headlined “Another spanner thrown into the Sugden’s works” was published in the Brighouse Echo on 12 December 2003 in breach of Clause 3 (Privacy) of the Code of Practice, and had been taken at a private function without consent in breach of Clause 4 (Harassment). The complaint was rejected. Brighouse Echo (2013), Mr W G Ibberson [internet] http://www.pcc.org.uk/news/index.html?article=MjExNw== accessed on 21/11/2013
Representation
Journalists have to follow rules and regulations and this is one of them. A journalist must not offend readers on religion, sexuality, gender and grounds of race.
Examples:
1. Complainant Name: Jacqueline Minor, on behalf of the European Commission’s Representation to the United Publication: The Sun on Sunday
Complaint: Ms Jacqueline Minor, on behalf of the European Commission’s Representation to the United Kingdom, complained to the Press Complaints Commission that an article headlined “Inhuman Rights”, published by The Sun on Sunday on 10 February 2013, had breached Clause 1 (Accuracy) of the Editors’ Code of Practice. The PCC decided to offer her a sufficient remedial action. The Sun (2013), Jacqueline Minor [internet] http://pcc.org.uk/news/index.html?article=ODQ3Mg== accessed on 28/11/2013
2. Complaint name: Corin Willis Publication: The Observer
Complaint: Corin Willis complained to the Press Complaints Commission that the newspaper had published a comment piece on racism which erroneously included an example of an allegedly racist incident which, in fact, the courts had found could not be proven. He argued that this represented a breach of Clause 1 (Accuracy) of the Editors’ Code of Practice. This was resolved when the newspaper itself publish a correction a=for the accusation.
The Observer (2012), Corin Willis [internet] http://pcc.org.uk/news/index.html?article=Nzk4NQ== accessed on 09/06/14
3. Complaint name: two women Publication: Islington Tribune
Complaint: Two women complained to the Press Complaints Commission under Clauses 1 (Accuracy), 3 (Privacy) and 10 (Clandestine devices and subterfuge) of the Editors’ Code of Practice about an article which mentioned allegations of racism against them. This was resolved when the PCC negotiated the removal of the complaints’ names, as well as statements that had been attributed to them, from the online article.
Islington Tribune (2012), two women [internet] http://pcc.org.uk/news/index.html?article=ODExNg== accessed on 09/06/14
Advertising Standards Authority
The Advertising Standards Authority (ASA) is the self-regulatory organisation of the advertising industry in the UK. The ASA is a non-statutory organisation and so cannot enforce or interpret.
Examples:
Levi Jeans. A slightly disturbing scene in a public toilet led to this advert for Levi Jeans getting pulled from screens in the UK. It was still shown worldwide, but our censors obviously thought it put the wrong message out to the people of Britain. http://www.youtube.com/watch?v=CSG807d3P-U
Volkswagen. This advert caused controversy over its use of a suicide bomber in an advertisement that was designed to show the Polo as a ‘Small but tough’ car. http://www.youtube.com/watch?v=o-nh_9alaco
Zazoo Condoms. This commercial was too much for some, with its fairly obvious message that sex without condoms can lead to bratty little children screaming in supermarkets. We think they had a point. http://www.youtube.com/watch?v=nojWJ6-XmeQ
Race Relation Act
The Race Relation Act was established by the Parliament of the UK to prevent discrimination on the grounds of race.
Example:
Islington Tribune. 2 women complained to the PCC about an article which mentions allegations of racism against them. http://www.pcc.org.uk/news/index.html?article=ODExNg==
Corin Willis. He complained to the PCC that the Observer newspaper had published a comment piece on racism which erroneously include an example of an allegedly racist incident. http://www.pcc.org.uk/news/index.html?article=Nzk4NQ==
Scott Clinton. Scott complained to the PCC that News of the World newspaper had published an article which he thinks inaccurately stated that members of the Scottish Defence League had taken part in a ‘ne-Nazi demo’ which involved chanting ‘vile’ racist slogans. http://www.pcc.org.uk/news/index.html?article=NjUwOQ==
Data protection Act
The Data Protection Act (DPA) is a UK Act of Parliament which defines the UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK.
Example:
6 August 2012 a monetary penalty of £175,000 was issued to Torbay Care Trust after sensitive personal information relating to 1,373 employees was published on the Trust’s website. http://brianpennington.co.uk/2012/08/06/torbay-care-trust-nhs-fined-175000-for-breaching-the-data-protection-act/
1 June 2012 a monetary penalty notice for £325,000 has been served on Brighton and Sussex University Hospitals NHS Trust following the discovery of highly sensitive personal data belonging to tens of thousands of patients and staff – including some relating to HIV and Genito Urinary Medicine patients – on hard drives sold on an Internet auction site in October and November 2010. http://brianpennington.co.uk/2012/06/01/latest-nhs-fine-for-breaching-the-data-protection-act-is-close-to-the-current-limit-at-325000/
30 January 2012 a monetary penalty of £140,000 was issued to Midlothian Council for disclosing sensitive personal data relating to children and their carers to the wrong recipients on five separate occasions. The penalty is the first that the ICO has served against an organisation in Scotland. http://brianpennington.co.uk/2012/01/30/council-fined-140000-for-five-serious-data-breaches/
Obscene Publication act
Page 3 is a great example. You can see full nudity is movies and television but you can’t have it in the newspapers. The women in page 3 can be topless but that’s it, it is illegal to be fully naked in a newspaper.
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