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NCTJ media law and regulation notes
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A set of essential NCTJ media law and regulation lecture notes
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Essential lawContempt of court - part 2
• linzi Ashton murder- ‘i believe the person responsible is this local
man, Michael Cope’ - likely an arrest warrant has been issued.
Making the case active.
Official police appeals are not likely to cause contempt.
‘it is plainly right that the police should be able to warn the public
through the press that a particular suspect is dangerous and should
not be tackled… the media has nothing whatsoever to fear from
publishing anything in reasoned terms from an official police
appeal which may assist in the apprehension of a wanted man.
reporter’s note - this is not a defence in the contempt of court act
but an undertaking that police appeals would not be considered as
contempt. No journalist has ever been prosecuted for contempt in
these circumstances.
Police appeals
You can run a police appeal for help whether a case is active or not
If the police identify the wanted person and give you
photo/description you can run this information
But it must be an official police appeal not an unconfirmed tip
off.
You must take down the appeal once a person is picked up.
Stick to what the police tell you - you are not covered for an
additional information you add to the story.
Section 3 of COCA 1981 - innocent publication defence
A publisher is not guilty of contempt under COCA1981 if, at the time
of publication, having taken all reasonable care, he did not know and
had no reason to suspect that proceedings were active.
How do you establish your defence?
Before deadline you should make a last minute call to the police,
civil court, coroner’s office to check whether the case is active.
Good notes are vital. Note who you speak to, when and what they
say to prove you took ‘reasonable care’ but you must pull the story
if you can.
Defence for topical issues
Section 5 of COCA81 defence
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