Unit 24 - Current and Media A airs in Public Services
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Identify the methods used in the regulation and self-regulation of the media in the UK
Deformation act
The UK Defamation Act 1996 exists to protect the reputation and good standing of an individual. In
order to pursue a successful defamation suit the claimant must:
Prove that they have a reputation which can be damaged.
Be able to show that their reputation has been damaged. i
The 1996 Defamation Act was intended to clarify the position of innocent dissemination, in the event
of a defamation suit, by persons who are not authors, editors or commercial publishers of a
statement, if they took reasonable care in relation to its publication. These subordinate distributors
could be printers, distributors, on-line service providers and live broadcasters. A defence of
reasonable care would need to prove that the publisher did not know or did not have reason to
believe that what they did caused or contributed to the publication of a defamatory statement. Such
provisions are contained in Section 1(1) and (3) of the Act:
1(1) In defamation proceedings a person has a defence if he shows that:
He was not the author, editor or publisher of the statement complained of,
He took reasonable care in relation to its publication, and
He did not know, and had no reason to believe, that what he did caused or contributed to
the publication of a defamatory statement
1(3) A person shall not be considered the author, editor or publisher of a statement if he is only
involved.
in processing, making copies of, distributing or selling any electronic medium in or on which
the statement is recorded, or in operating or providing any equipment, system or service by
means of which the statement is retrieved, copied, distributed or made available in
electronic form.ii
ASA-Advertising standards agency
The ASA is set up to ensure that all advertisement is legal, decent, honest and truthful. They are
separate from both the government and the advertisement industry; however they are recognised
by the government and receive funding from both the government and the advertisement industry
in the form of subsidy. They are supposed to prevent advertising directly to children, set strict rules
within advertising and oversee adverts in production. The ASA website defines their promise to the
public and standard of service as the following:
A customer focused organization
Helpful and accessible
Independent of all pressures
Accountable for our performance
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