Full Media Law notes including:
1. The Themes of Media Law
2. The Impact of the ECtHR Cases on the Media
3. Defamation
4. The Action for the Misuse of Private Information
5. Contempt of Court
6. The Protection of Journalistic Sources
7. Reporting Restrictions
Content
1. The Themes of Media Law
- Key Provisions
- Importance of Media Freedom
- The Rights of Journalists
- The Special Regulation of the Broadcasting Media
- Media Freedom and Freedom of Expression
- The Internet and Media Regulation
- Prior Restraint
- Censorship and Prior Restraints
- The influence of the ECHR
2. The Impact of the ECtHR Cases on the Media
- The European Convention and the Human Rights Act 1998
- Art 10: Freedom of Expression and the Right to Receive Information
- Interaction between art 6 and 10
- Use of Art 10 Must be Necessary and Proportionate
- Limits to the Scope of Art 10
- The Art 8/10 Balance
3. Defamation
- Defamation Act 2013 – Key Provisions
- The Competing Interests – Expression and Reputation
- Libel
- Slander
- Elements of a claim: DEFAMATION
- Defences: Truth, Honest Opinion, Public Interest Defence, Privilege, Common
Law Qualified Privilege, Role of Malice, Statutory Qualified privilege, Absolute
Privilege, Offer of Amends & Innocent Dissemination
- Remedies: Damages & Injunctions
4. The Action for the Misuse of Private Information
- Basis of Claims before HRA
- Relationship between Common Law and Art 8
- Relevant English Cases
- Relevant Cases – Sexual Conduct
- Higher Awards of Damages
- Cases involving Children
- Injunctions in Criminal/ Investigations/ Proceedings/ Rehabilitation
- ECtHR Cases
5. Contempt of Court
- 2 different types of contempt
- The Strict Liability Rule
- Substantial risk of serious prejudice
- The Sunday times case – the need for a new statute
- The Contempt of Court Act 1981 (CCA)
- Defences: s3 CCA – Defence of Innocent Publication of Distribution
- Defence: s4 CCA – Contemporary Reporting of Court Proceedings
- Defences: s5 CCA
- Contempt at Common Law
, - Sanctions for contempt: s14
6. The Protection of Journalistic Sources
- Why do journalistic sources need protecting?
- The Strasbourg Court
- The Council of Europe: their views
- CCA s10 – Headed “Sources of Information” – the English Cases
- The Driving Force Behind the Enactment of the CCA – the influence of
Strasbourg
- Cases since the CCA – the English & Strasbourg Cases
7. Reporting Restrictions
- The CPR Rules (As amended in Oct 2016)
- Types of hearings
- Case Law on Hearings in Chambers
- General Rules on Excluding the Public
- What kinds of orders can a judge make – s4(2) CCA?
- Other Media Restrictions: Victims of Sex Offences & Anonymity of Witnesses
- Youth Justice and Criminal Evidence Act 1999 – Special Measures
- Anonymity for Suspects / Adult Witnesses
- Anonymity Orders
- The narrowness of Anonymity given to Vs
- Children & Young Persons – (1) CSFA 2010
- s39 Children and Young Persons Act 1933: Civil Proceedings
- Statutory Restrictions on Reporting Proceedings Concerning Children
- Criminal Proceedings – s45 YJCEA 1999
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