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Media Law Analysis - Journalism at University
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A detailed analysis of media law for journalism at university.
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Media Law - 28th of SeptemberCourt Reporting
Everybody has the right to a fair trial under article 6 of the Human Rights Act (1998)
- A suspect can be arrested by police and be held upwards of 24 hours with the exception
1. The police superintendent authorises extensions (+12 hours)
2. Magistrates’ court (+36 hours)
The maximum time of holding is 96 hours, whilst Terrorists can be held upwards of 14 days.
Court Prosecution Service are the individuals who decide whether an individual should be charged or not.
Somebody can successfully sue for libel if they’re named when they’re arrested but not prosecuted.
- Legal aid: solicitors who are funded by taxes and work on behalf of the arrested for free, for
example, Cliff Richard in the Jimmy Savile case. Police should not tell the journalist the name of
the arrestee. However, if they are famous, they’re is a sense of inevitability, such as Mason
Greenwood.
Magistrates’ Court
All criminal cases begin in magistrates’ courts (they deal with 95% of criminal cases.)
Indictable only:
- Serious crimes are punishable by long prison sentences. States in magistrates’ court but must go
to crown court because of the limited sentencing powers of the mag (6 months.)
Either-way offence:
- Theft, sexual assault, assault. Can be either magistrates or crowns, Magistrates (or the defendant)
0can opt for the case to be heard in the crown court - and therefore by a jury.
Summary offences:
- Minor offences such as drunkenness, and speeding as is dealt with by the magistrates.
Some offences are a strict liability - someone is guilty if they have acted unlawfully, even if they did not
plan to admit an offence eg speeding. Contempt is a strict liability offence.
Strict liability - no excuse
Section 8C (Magistrates’ Court Act 1980) reporting restrictions, Ban publication of details of pre-trial
hearings. Reporters must restrict information to 10 points:
1. Name of the court and magistrates
2. Name, ages, home addresses and occupations of the defendants
3. The charge
4. Banes of solicitors and barristers
5. Any decision of the court to commit the accused, or any of the accused for trial.
6. If the case is adjourned, the date and place
7. Any arrangements for bail
8. Whether legal aid was authorised
9. Any decision of the examining magistrates to lift or not to lift reporting restrictions.
Section 39: prohibits the identification of under 18s in civil cases as well as defendants and witnesses
Section 45: prohibits the identification of under 18s in criminal cases as well as defendants and witnesses
Section 11: prohibits the naming of the defendant.
Any victim of sexual assault cannot be named - “the victim who cannot be named for legal reasons.”
, Crown Court
The jury is made up of 12 people aged between 18 and 70 years. We can only report when the jury is
present - fast, accurate, fair
Privilege
- The public interest sometimes demands that there should be complete freedom of speech
without any risk of proceedings for defamation, even if the statements are defamatory and even if
they turn out to be untrue.
- A fair and accurate report of proceedings, in public before a court to which this section applies, if
published contemporaneously with proceedings, is absolutely privileged.
- “He denies all the charges” and “the case is continuing.”
Media Law - 5th of October
Contempt Law
“An attempt to give individuals a fair trial.”
This happens when an individual intentionally influences a court case through the releasing of materials
which may as a result prevent a fair trial. Evidence of this may be:
1. Disobeying or ignoring a court order
2. Taking photographs or shouting in court
The law of contempt mainly affects journalists when they publish or broadcast material which may affect
a trial by making a jury more likely to find a defendant guilty or innocent by influencing the witness's
evidence. It is a strict liability which creates “a sustainable risk of serious prejudice to active legal
proceedings.” It is punishable by a fine or a maximum of two years.
What is the definition of ‘active?’
a. Somebody is arrested
b. An arrest warrant is drawn
c. A summons is issued
d. A person is charged orally
e. A document specifying the charge is produced.
A case ceases to be active when:
a. The suspect is arrested without being charged
b. No arrest is made within 12 months of the issuing of the arrest warrant
c. Case is discontinued
d. The defendant is acquitted or sentenced
e. The defendant is unfit to be tried or plead, or the court order for the charge to lie on file
Descriptions regarding the suspect are acceptable unless detailed so for example, mentioning a tattoo is
acceptable however specifying where the tattoo is, such as on the face, raises stereotypes which may
affect the jury's opinion. It may risk serious prejudice. If for example the tattoo states ‘I hate women’ this
would be a serious prejudice. It is looking for characteristics which may embody intimidation. Prejudice
evolves very much with time.
- The Mirror “Exclusive: Harry Dunn’s accused killer ‘laughs and jokes’ after first appearance in UK
court.”
The symbolism of her laughing and joking connotes the characteristics of a woman who
is unburdened and unapologetic.
- Private Eye: “Horror Witch Costume Withdrawn From Shops” in reference to Rebekah Mary
Brooks
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