Term
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Definition
| Any legal proceeding of one person against another person where the defence has been notified of the claims aganist them. |
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Term
| When do court proceedings become active? |
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Definition
| From arrest/ the issuance of an arrest warrant |
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Term
| AG v MGN Limited and News Group Newspapers Ltd (2011) |
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Definition
| The Daily Mirror and the Sun were fined after they wrongly suggested that Joanna Yeats was murdered by her landlord. The case was significant because the landlord was never charged so there wasn't ever a trial to prejudice - but the judge ruled that the coverage could have prejudiced the trial of the real murderer because public opinion was so set against the landlord. |
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Term
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Definition
| Discussion of matters of public interest in good faith where risk is incidental |
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Term
| Give the facts and significance of AG v English |
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Definition
| A doctor was on trial for allowing a baby with Downs Syndrome to starve to Death. The Daily Mail didn't mention the case specifically but published an article against doctors leaving disabled babies to die. The Mail was unsuccessfully sued for contempt of court as it was protected by section five of the contempt of court act. |
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Term
| Under what circumstances can you print the details of sexual assault victims? |
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Definition
| If they agree to waive their anonymity and produce a statement to that effect in writing |
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Term
| Which section of what act guarantees anonymity for teachers? |
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Definition
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Term
| Name the facts and significance of Re S (A child) |
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Definition
| A son wanted an injunction barring the press for naming his mother who was on trial for killing his brother in order to protect his anonymity. The court rejected the child's case as the judge said in a fair and just society the public needs to know the identities of people on trial for murder. |
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Term
| Give the facts of Scott v Scott (1913) |
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Definition
| Mrs Scott went to the divorce court to get her marriage annulled as it hadn't been consummated after 14 years. The court case was hear in private and then Mrs Scott was sued for sending copies of the court transcripts to her father-in-law and sister-in-law. She was found guilty but then acquitted by the house of Lords who said there was no statute saying that such a case had to be held in private. |
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Term
| Name the facts and significance of R v Croydon Crown Court ex parte Mirror Group (2008) |
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Definition
| In this case a man who'd been charged with downloading indecent images of children got a S11 order preventing the publication of his name or the name of his daughters. This junction was overturned after newspapers questioned it on the basis that section 45(4) of the Supreme Court Act 1981 did not protect from being named as they were neither witnesses nor victims of the crime. Therefore the father and his two daughters were all named. |
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Term
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Definition
| Judges can order that the publication of material be postponed until a time they see fit where it appears to be necessary for avoiding a substantial risk of prejudice to the administration of justice. |
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Term
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Definition
| When a piece of information is withheld from a courtroom, the judge can also instruct the media to withhold it for the same reason. |
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Term
| If the victim of a sexual assault agrees to waive their anonymity in a phone interview, should you printer her identity? |
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Definition
| No, the waiver needs to be in writing. |
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Term
| Name the fact and the relevance of O’Riordan v DPP |
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Definition
| It shows that personal prosecutions can be brought for cases of contempt of the sexual offences act. O'Riordan edited Marie Claire and she published the name of a girl who'd run off with a soldier. The soldier was then charged with a sex offence, so the girl's name should no longer have been published. Because O'Riordan broke this law she was convicted. |
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Term
| What are the two purposes of the Contempt of Court Act 1981? |
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Definition
| 1) to avoid a trial by media 2) So the person is judged on the basis of the evidence |
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Term
| When does the Contempt of Court Act become active? |
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Definition
| From the moment of arrest/ the moment the arrest warrant is issued. |
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Term
| When assessing whether a trial has been prejudiced which two factors about the trial are taken into account? |
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Definition
| 1) 'The Fade factor (how close it is to the trial) 2) Whether the case is decided by a judge or jury |
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Term
| Give 5 examples of prejudicial reporting |
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Definition
| 1) Photographs (when identification is an issue) 2) Supplying a motive for the crime 3) Discussing previous bad character 4) Mentioning previous convictions 4) Reporting a confession 5) Going into detail about evidence against suspect |
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Term
| Give the facts and significance of AG V MGN + News Group Newspapers(2011) |
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Definition
| Facts: Mr Jeffries, the landlord of murdered Joanna Yeates, was vilified by the Mirror and the Sun. Both newspapers were found to be in breach of S2 of the contempt of court Act and were fined £50,000 and £18,000 respectively. This was even though no trial eventually went ahead. The court ruled that Mr Jeffries might have been denied a fair trial, if the case had gone to court at jurors would be hostile to him and potential witnesses may have been discouraged for speaking out on Mr Jeffries' behalf. |
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Term
| What is S5 of the Contempt of Court Act? |
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Definition
| A publication made as or as part of a discussion in good faith of public affairs or other matters of general public interest is not to be treated as a contempt of court under the strict liability rule if the risk of impediment or prejudice to particular legal proceedings is merely incidental to the discussion. |
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Term
| Give the facts and significance of AG v English (1983) |
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Definition
| An article appeared in the Daily Mail discussing doctors who left severely handicapped babies to starve to death. A doctor was on trial at the time for letting a child with downs syndrome starve but the the article did not reference the case. A court ruled the article did bring a substantial risk of prejudice but that it was covered by S5 that says 'incidental' prejudice that results from discussing matters of public interest so it did not breach the Contempt of Court Act 1981. |
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Term
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Definition
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Term
| What six categories of things are you allowed to report on from a preliminary hearing? |
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Definition
| ???/1) Name of court, magistrates, lawyers 2) Name/ address/ages of parties/ witnesses 3) Decision whether to commit for trial 4) whether legal aid is granted 5) Whether reporting restrictions have been lifted6) offences |
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Term
| How can the victim of a sex offence waive their anonymity? |
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Definition
| Through giving their written permission. It's not enough for them to give verbal permission. |
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Term
| What is the Education Act 2011.s.13? |
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Definition
| It is an act which grants anonymity in the press to a teacher accused of committing an offence against a pupil at their school. Any member of the public can appeal to get this anonymity repealed if it judged it's in the benefit of justice and the defendant/ victim to do so. |
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Term
| Name Jeremy Bentham's famous quote on justice |
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Definition
Where there is no
publicity, there is no justice. |
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Term
| Explain the facts and importance of R v Croydon Crown Court (2008) |
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Definition
| In 2008 Croydon Crown Court issued an injunction against the naming of the children of a man accused of possessing indecent images of children. The court had granted the injunction on the basis of S.8 of the human rights act. However, the press successfully appealed against the injunction. The children weren't witnesses or victims in the case so a S11 order couldn't be granted to protect them. The Court of Appeal found Croydon Crown Court didn't have the legal authority to grant the injunction in the first place. |
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Term
| Recite SE 4 2 of the Contempt of Court Act |
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Definition
| Where there is substantial risk of prejudice the court can order the reporting of a trial, or a section of trial, can be postponed for as long as the court sees necessary. |
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Term
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Definition
| It's an order issued to prevent a publication in the press of a piece of information which harms the prospect of justice being done. In particular it's issued against pieces of information which haven't been revealed in open court being printed in the press and it's to help ensure witnesses testify. |
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Term
| As a journalist are you allowed to comment on evidence of the credibility of a witness in a trial? |
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Definition
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Term
| As a journalist are you allowed to report on extrinsic evidence not mentioned in a court case while a trial is active? |
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Definition
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Term
| As a journalist are you allowed to reconstruct contested evidence? |
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Definition
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Term
| As a journalist are you able to predict the likely outcome of a trial or what a witness is likely to say? |
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Definition
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Term
| Are you allowed to report on legal arguments that took place in absence of the jury during a trial? |
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Definition
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Term
| As a reporter are you allowed to cover site visits showing jurors? |
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Definition
|
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Term
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Definition
| It is illegal to solicit and report on jury deliberations. |
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Term
| Are you allowed to film in court? |
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Definition
| Only outside the precincts of the court |
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Term
| Are you allowed to sketch in court? |
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Definition
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Term
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Definition
| Tape recorders are banned (other than for official purposes) in courts unless pre-approved. |
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Term
| Describe the facts and significance of Tony Martin + the Mirror. |
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Definition
| The PPC said the Mirror was justified in paying Tony Martin £125,000. Mr Martin had served a jail sentence for manslaughter after shooting to death a burglar in his home. The PPC said it was justified in the public interest. |
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Term
| Can the media publish evidence which hasn't been used in court? |
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Definition
| No, under the CPS Media Protocol 2005 the press can only publish evidence which has been seen by the jury. |
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Term
| If a person enters and guilty plea and that plea is accepted, are journalists still entitled to publish evidence in that case under the CPS Media Protocol 2005? |
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Definition
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Term
| Under the CPS Media Protocol 2005, what evidence does the CPS automatically pass onto the media? |
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Definition
| 1) Maps 2) Videos of the crime scene recorded after the event 3) video of property seized 4) sections of transcripts of interviews as read out in front of the court 5) Videos of reconstructions of the crime scene 6) CCTV footage of the defendent (subject to copyright) |
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Term
| Under the CPS Media Protocol 2005, what evidence can journalists request from the police? |
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Definition
| 1) CCTV footage of the victim that has been shown in court 2) witness statements 3) Audio/ video of interviews with defendants, victims and witnesses |
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Term
| What does S93 Courts Act 2003 say? |
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Definition
| Media companies could be libel to pay the costs of an aborted trial caused by their prejudicial reporting. |
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Term
| s51 of the Supreme Court Act 1981 |
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Definition
|
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Term
| R (on behalf of GNM) v. 1. City of Westminster magistrates court. 2. The government of the US. |
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Definition
| The US government won the right to extradite two individuals to the US to face trial. Many documents were referred to during the extradition trial that were not read out in court. the Guardian appealed for these documents to be released. The judge forbade it. The Guardian appealed. They won their case and the documents were released. The judge said it was the case broke new ground in the principle of open justice. |
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Term
| Under the IPSO editors code can journalists use the term 'incest' in reference to a case where a child victim could be identified? |
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Definition
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Term
| Who are the two press regulators? |
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Definition
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Term
| Who, according to Ofcom, is a child? |
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Definition
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Term
| Section 49 Children and Young Persons Act 1933 |
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Definition
| The press can attend cases tried in the youth court but they are automatically banned from releasing the names of child witnesses, defendants and victims. |
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Term
| Are trials in the youth court open to the public? |
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Definition
|
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Term
| section 39 Children and Young Persons Act |
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Definition
| This is an order which stops the publication of the name of a victim, witness or defendant under the age of 18 in a case tried in a magistrates of crown court. |
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Term
| Under what circumstances 4 circumstances can a S39 CYPA order be lifted? |
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Definition
| 1) if the child turns 18 2)for babies 3) for dead children 4) children "concerned in the proceedings" |
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Term
| Murray v Big Pictures (2008) |
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Definition
| The husband of author J K Rowling sued picture agency Big Pictures for selling a picture of the couple's son. They brought the case under the data protection act. An appeal judge ruled the child had a decent expectation of privacy even though he was in a public place. |
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Term
| S10 Contempt of Court Act 1981 |
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Definition
| No person is guilty for refusing to name the source of information used in a publication they were responsible for, as long as the naming of that source is not necessary in the interests of justice and the prevention of crime. |
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Term
| X Ltd v Morgan Grampian (1991) |
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Definition
| Reporter Bill Goodwin was informed by a source at the company Tetra that it was in financial difficulties. Goodwin called for a comment. Tetra issued an injunction against the publication of material. They brought legal proceedings against goodwin. Tetra won 'in the interests of justice' because Goodwin's refusal to name the source stopped Tetra bringing proceedings against the person who had stolen a confidential financial document. |
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Term
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Definition
| Bill Goodwin, the reporter at the engineering magazine who'd refused to name his source, took his case to the ECHR claiming his right to freedom of expression had been breached. Goodwin won. |
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Term
| An Inquiry under the Company Securities Act 1985 |
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Definition
| Journalist for Independent had info; Monopolies Commissioner requested source to pursue insider trading charges. Independent refused to disclosure source, paid £20,00 |
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Term
| Secretary of State for Defence v the Guardian (1985) |
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Definition
| The Guardian published a memo from the MOD saying cruise missiles had arrived in the UK. the government went to court to get the document back. the Guardian claimed s10 of CCA 1981 on the ground thats the leak didn't threaten national security.The government went against that arguing that if a civil servant is willing to leak confidential documents that might constitute a threat to security in the future. The Guardian lost the case and the informer Ms Tisdall was sentenced to six months in prison. |
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Term
| Camelot Group v Centaur Communications 1999 |
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Definition
| A source at Camelot Group leaked the company's accounts to Marketing Week the week before they were officially supposed to be released. Camelot took MW to court to get the name of the informant. The Court of Appeal ruled in favour of Camelot because the threat to Camelot from the rogue employee outweighed the public interest in protecting sources. |
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Term
| Elton John v Express Newspapers (2000) |
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Definition
| Elton John wanted to know who had disclosed material from a bin in his room. Inquiry wasn’t necessary; could be identified outside the court. Sir Elton hadn’t taken the lengths outside the court. |
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Term
| Ashworth Security hospital authority v MGN (2002) |
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Definition
| The Mirror paid a freelance journalist for information he'd been leaked about the treatment of the killer Ian Brady in Ashworth Security Hospital where he was on hunger strike. The hospital took the Mirror to court and won their case to force the Mirror to reveal the name of the freelance journalist. |
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Term
| Ackroyd v Mersey NHS Trust (2006) |
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Definition
| Ackroyd wrote a piece on how killer Ian Brady was being treated in Ashworth Security Hospital during his hunger strike. He was pursued by Mersey NHS Trust to reveal his source for the story. The High Court ruled in favour of Mr Ashworth because it was in the public interest that journalists' sources be protected and there was no 'pressing social need' for the source to be disclosed. |
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Term
| Financial Times & Ors v UK (2011) |
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Definition
| Source X leaked a confidential interbrew presentation to various media sources. The UK High Court and Court of appeal ordered the media to reveal the identity of the source under A10(2). The media brought the case to the ECHR who ruled in favour of the media outlets affirming that there had to be a very good reason for the press's right to freedom of expression to be curtailed. |
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Term
| What special treatment does PACE give journalistic material? |
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Definition
| Under the Police and Criminal Evidence Act ('PACE') journalistic material, which includes television programmes/un-broadcast rushes, is given special protection from seizure by the police. If the police want to seize such material, they must apply to a judge. Normally, the holders of the material, that is the broadcaster/programme-makers are entitled to make representations to the judge and argue against disclosure if they so wish. |
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Term
| What is the takeway from R (BSkyB) v. Commissioner of Police for the Metropolis, Media Lawyers Association and Another intervening |
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Definition
| the Supreme Court has held that the police cannot rely upon secret evidence when seeking production orders against media organisations and journalists under the Police and Criminal Evidence Act 1984 (PACE). Parliament needs to grant permission for a closed material procedure to take place - judge's don't have the jurisdiction. |
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Term
| R v Central Criminal Court Ex Parte Bright (2001) |
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Definition
| The police applied for a production order under PACE for correspondence between a reporter and an ex M15 agent who alleged wrongdoing in the security services. the court refused the production order stating there needed to be 'compelling evidence' the order was in the public interest - but such evidence didn't exist in this case. |
|
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Term
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Definition
| Material given to a journalist on the understanding its source was not to be revealed. |
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Term
| Special procedure material |
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Definition
| All other non-confidential journalistic material |
|
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Term
| Describe the Sally Murrer case |
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Definition
| Charges were brought against Milton Keynes journalist Sally Murrer for aiding and abetting misconduct in a public office. The police had bugged her car and had recorded her having a conversation with a policeman who leaked confidential information to her. The case collapsed before it went to court on the basis of A10 of the HRA. |
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Term
|
Definition
| Shiv Malik, a journalist writing a book on issues relating to terrorism, was served a production order by the Greater Manchester police, to hand over his source material. Malik appealed and it was ruled the original production order was too wide. He then only had to hand over photocopies of his note books with the names of all his sources other than Hassan Butt blanked out. |
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Term
| In which case were the requirements for a successful breach of confidence case drawn up? |
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Definition
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|
Term
| What are the three requirements that have to be met for a successful breach of confidence case to be brought? |
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Definition
| 1) The information has to be considered private rather than public 2) The information was obtained in a situation which imposed an 'obligation of confidence' 3) The defendant has made or intends to make unauthorised use of the information |
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Term
| HRH v Associated Newspapers (2006) |
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Definition
| The Mail on Sunday published extracts of a journal Prince William had kept. POW brought a case for breach of confidence. The Daily Mail said the journals were already in the public arena because he circulated them among 60-70 friends. POW won the case. |
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Term
|
Definition
| Avery's had sold details of Stephen's sex life to a newspaper. Stephens won a breach of confidence case because the information had been shared in confidence and was only known to a small circle of friends. Avery had tried to bring an inquity defence but the court did not find Stephens homosexual sex to constitute iniquity. |
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Term
|
Definition
| McKennit is a Canadian folk singer. She brought a breach of confidence claim against her friend Ms Ash who'd written a book about her that contained intimate information. McKennit won her case - because the two were friends the judge said McKennit has a reasonable expectation of privacy in the conversation she'd had with Ash. |
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Term
| Creation Records Ltd v News Groups newspapers (1997) |
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Definition
| A newspaper photographer took a picture of the set of an Oasis album cover shoot. The band's record label brought a breach of confidence case. The record label won: the fact security precautions had been taken to keep people away from the shoot clearly indicated the scene was confidential. |
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Term
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Definition
| Lady Archer won a case against her former PA who tried to sell stories about her to the newspapers. There was a confidentiality clause in the PA's contract. |
|
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Term
| What are the 4 defences against breach of confidentiality |
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Definition
| 1) Iniquity 2) person has courted publicity 3) public interest 4) public domain |
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Term
| What is a John Doe injunction? |
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Definition
| An injunction against an unknown person. E.g a copy of one of the unreleased Harry Potter books was offered to sale to a national newspaper. No one knew who'd made the offer to the injunction was made against anyone who published that material other than the publisher itself. |
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Term
| Tillery Valley Foods v Channel 4 (2004) |
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Definition
| A journalist took a job at Tillery valley Foods and filmed poor hygiene practices there for a Channel 4 programme. The journalist informed the company what she'd filmed to give them a right to reply. The company sought an injunction under breach of confidentiality. The judge refused to grant the injunction indicating the company should have applied for an injunction on the basis of defamation. A defamation injunction was unlikely to have been issued. The judge ruled that because the journalist was an employee this did not constitute a confidential relationship. In 1998 the Public Interest Disclosure Act was passed to facilitate whistleblowing among employees. |
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Term
|
Definition
| Gordon Kaye was a start in Allo Allo. He was involved in a serious accident. A journalist got into his hospital suite and interviewed/ took photos of him when he was semi conscious. Kaye sought an injunction against publication. The judge granted the injunction on the basis the interview would have constituted a false statement. |
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Term
| Naomi Campbell v MGN 2004 |
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Definition
| The Mirror published photos of Naomi Campbell leaving a NA meeting. It obscured the faces of other people leaving. The article gave details about the treatment she was receiving. The case went to the House of Lords which rules in Campbell's favour. She'd claimed for compensation under the data protection act and that there'd been a breach of confidentiality. The judges ruled Naomi's article 8 rights outweighed the press's article 10 rights. |
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Term
| Douglas v Hello! Ltd (2001) |
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Definition
| Douglas and Catherine Zita Jones sold the rights to their wedding photos to OK magazine. Hello magazine surreptitiously obtained photos from the event and planned to publish them. Douglas won an injunction on the basis of breach of confidence. Hello appealed. |
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Term
|
Definition
| The applicant was filmed on CCTV slashing his wrists in a public place. This footage was used a few months later in a council publication about the benefits of CCTV and in a regional newspaper. The application sought a judicial review from the court and then the court of appeal both of which turned down his request. He then went to the ECHR. The ECHR ruled in the applicants favour saying his Article 8 rights had been infringed. The publication of CCTV footage far exceeded the exposure he would have imagined he'd get at the time. |
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Term
| von Hannover v Germany (2004) |
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Definition
| Princess Caroline von Hannover had failed in previous bids to stop the tabloid press from publishing photos of her from her daily life (though they had forbidden the publication of pictures of her with her children in private situations). She took her case to the ECHR. The ECHR judged these photos of her did not contribute to a 'debate of public interest' and so did not justify a breach of the princess's Article 8 rights. |
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Term
| von Hannover v Germany (2012) |
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Definition
| Princess Caroline von Hannover wanted an injunction against the publication of a picture of her on holiday but it was refused by the German courts. It was also refused by the ECHR because the photo showed her on holiday while her father was ill so contributed to a debate of public interest. |
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Term
| Mosley v News Group Newspapers Ltd (2008) |
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Definition
| News of the World published a video of Mosley involved in an orgy with several prostitutes. NoW alleged there was wrong doing/ it was in the public interest because the orgy appeared Nazi themed. However, the judge ruled there had not been a Nazi element. Mosley won his breach of confidence case. |
|
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Term
|
Definition
| Moseley brought a case to the ECHR that member states should legislate so newspapers have to warn individuals before they print stories about their private lives. This case was unanimously rejected on the grounds it fell within each state's margin of appreciation whether or not to legislate on the matter. |
|
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Term
| Ferdinand v Mirror Group Newspapers (2011) |
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Definition
| The Sunday Mirror published details about an affair Rio Ferdinand had had before becoming England captain. Ferdinand claimed the article constituted a breach of confidence. He lost the case. The judge ruled the article was in the public interest because it contributed to the the debate on whether Rio Ferdinand was the right person to be named England captain and because Rio had promoted a misleading image. |
|
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Term
| Spelman v express newspapers (2012) |
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Definition
| C was a 17 year old international rugby player who was alleged to have take performance enhancing drug. He applied via his parents for an injunction. This was not granted on the basis it was being done to protect his reputation and went against the Bonnard v Perryman rule. It was found to be in the public interest for the story to surface. C argued identities should be anonymised pending an appeal. |
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Term
| The PPC on pictures of Anna Ford |
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Definition
| It ruled it was ok for photos of Anna Ford on a beach with her children to appear in the press because the beach is a public place where you don't have a reasonable expectation of privacy. |
|
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Term
| The PPC on pictures of Elle McPherson |
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Definition
| The PPC ruled Elle McPherson's right to privacy had been infringed by the publication of photos of her on holiday on a private beach in Mustique. This ruling seems to run in the face of the Anna Ford ruling. |
|
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Term
| The PCC's verdict in the dispute between J K Rowling and the Mirror |
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Definition
| The Mirror published too much detail about J K Rowling's London property- it was readily identifiable from the article. the Mirror said it would be not re-print the article. |
|
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Term
| Describe the PCC adjudication on Paul McCartney |
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Definition
| Paul McCartney argued photos of him and his family in Paris shortly after his wife's death infringed the PPC code. The PPC agreed they breached Clause 3 (Privacy) and Clause 5 (Intrusion into grief and shock). |
|
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Term
| PcC judgement on Daniel Craig's dispute with the Daily Mail. |
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Definition
| The Daily Mail published details oh Daniel Craig's house which the Mr Craig said made it clearly identifiable. The PPC upheld the complaint. Mr Craig asked for the Daily Mail for £25,000 to cover the additional security costs that were now required - it refused. |
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Term
| PPC on the dispute between Ms Dynamite and the Islington Gazette. |
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Definition
| The PPC agreed that by publishing a photo of Ms Dynamite's house and giving the name of the road the Islington Gazette had given away too much information. The Editor wrote to Ms Dynamite to apologise. |
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Term
| PCC verdict on dispute between Sun and Hoy |
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Definition
| The PCC agreed a Sun photographer should not have taken photos at the private funeral of Chris Hoy's uncle.Clause 5 (Intrusion into grief or shock) |
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Term
| PPC on the Daily Telegraph's coverage of a man who committed suicide using a chainsaw |
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Definition
| The PCC ruled The Daily Telegraph had given too much detail on how it covered a man's suicide using a chainsaw. The press is not meant to give too much detail so as not to encourage copycat suicides. |
|
|
Term
| When does creative copyright expire? |
|
Definition
| 70 years after the author's death |
|
|
Term
| If the author of a creative work is unknown, how long does copy right last for? |
|
Definition
| 70 years since the work was published |
|
|
Term
| What is the copyright period on sound recordings/ broadcasts |
|
Definition
|
|
Term
| S30 Copyright Designs and Patents Act 1988 |
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Definition
| Fair dealing: a piece of work that's used for criticsm or review doesn't need to be copyrighted as long as it's given appropriate acknowledgement and it's already been made available to the public |
|
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Term
| Pro Sieben Media AG V Carlton UK Television LTD (1999) |
|
Definition
| Pro Sieben, a German company paid a women who'd been pregnant with octuplets for her story. Carlton then used footage from the interview in a programme about cheque book journalism. Since interviewee Mandy Allwood had already been paid for her story - this was deemed to be within the limits of fair dealing. The fact Carlton had only used a 30 second clip helped their case. |
|
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Term
|
Definition
| A photographic agency sued the BBC for a programme it ran on the tabloid press which showed images from newspapers without permission. The judge ruled it was within the limits of fair dealing as the the photos were used for the purposes of criticism of the tabloid press. |
|
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Term
|
Definition
| British Satellite Broadcasting paid a lot to screen games from the 1990 world cup. The BBC included the highlight footage from the games in its news programmes. BSB sued but the judge ruled in favour of the BBC saying the usage was fair and fell within the definition of current events. |
|
|
Term
|
Definition
| A court refused to suppress a book about various courses run by Scientologists on the grounds they could contain dangerous material. (This is an example of a successful public interest defence in a breach of confidence trial). |
|
|
Term
| Is there a public interest defence against the Data Protection Act 1998? |
|
Definition
|
|
Term
| What does the prosecution have to prove to convict a journalist under the Official Secrets Act 1989? |
|
Definition
| That the information was damaging and that the journalist knew the information was damaging. |
|
|
Term
| What six classes of information are protected under the official secrets act 1989? |
|
Definition
| 1) security and intelligence 2) defence 3) international relations 4) crime 5) information of government phone tapping and other surveillance 6) information entrusted in confidence to other states |
|
|
Term
| S38 of the Terrorism Act 2000 |
|
Definition
| A person commits a criminal offence if they don't disclose to the relevant authority information which could lead to the prevention of act of terrorism or the arrest of someone for an act of Terrorism as soon as is reasonably practicable. |
|
|
Term
|
Definition
| Chambers sent a tweet about wanting to blow an airport 'sky high' because it was closed due to snow. At first he was charged with a breach of the communications at 2003 and fined. On appeal it was judged his tweet was not a serious threat. |
|
|
Term
| What four factors are taken into account when judging whether someone has broken the Communications Act 2003? |
|
Definition
| 1) Whether the message targeted racial or religious minority groups 2) the age of defendant 3) whether the defendant showed remorse 4) whether or not the defendant took quick action to remove the message |
|
|
Term
| What are 'designated sites' under the serious organised crime act? |
|
Definition
| Sites of national importance - eg Buckingham Palace - on which there are special penalties for trespass. |
|
|
Term
|
Definition
| Fraud by false representation |
|
|
Term
| What is a company's defence against the 2010 Bribery Act? |
|
Definition
| To show they had 'adequate procedures' in place to prevent bribery |
|
|
Term
| The paying of a police office is illegal under what offence? |
|
Definition
| Incitement/ conspiracy to commit misconduct in public |
|
|
Term
| How different does one libellous article have to be from another for it not to fall under the 'single publication rule'? |
|
Definition
|
|
Term
| A trial for beach of copyright is likely to be heard in which court |
|
Definition
| The High Court, Chancery Division |
|
|
Term
| What is a 'margin of appreciation'? |
|
Definition
| It's the degree of leniency which countries are given to interpret the Human Rights Act. |
|
|
Term
| Do the crimes of bribery, harassment or misconduct in a public office have a statutory of defence of public interest? |
|
Definition
|
|
Term
|
Definition
| Currently being considered by a court. |
|
|
Term
| what is the test for contempt of court? |
|
Definition
| A publication needs to create a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced |
|
|
Term
| AG v Associated Newspapers and MGN (2012) |
|
Definition
| The AG found The Daily Mail and the Mirror to be in contempt of court for the way they covered the sentencing of Levi Bellfield who murdered Milly Dowler. After he was found guilty of Milly Dowler's murder he was still awaiting sentencing for the attempted kidnap of another school girl. The Mail and the Mirror published evidence about his character and past actions that had not been seen my the jury. The judge therefore ruled the jury in that case couldn't be expected to reach a verdict on the remaining charge against Levi Bellfield. |
|
|
Term
| Name two other forms of contempt other than strict liability contempt |
|
Definition
| 1) breaching court order 2) bad behaviour in court |
|
|
Term
|
Definition
| The party guilty of prejudicing a trial has to pay for the cost of the foregone trial |
|
|
Term
| Does the AG have to give consent for a contempt of court case to be brought? |
|
Definition
|
|
Term
| A-G vs News Group Papers 1988 |
|
Definition
| There was medical evidence to show a 9 year-old girl had been raped. Because of her age the DPP decided not to bring a case. The Sun offered to pay for a private case and described the doctor as a rapist and a swine. The doctor was acquitted. The Sun was fined for contempt of court. |
|
|
Term
| Names cases in which a newspaper was found guilty of contempt of court |
|
Definition
AG v News paper group 1988. (Doctor rape)
AG v Associated Newspapers and MGN 2012 (Milly Dowler) |
|
|
Term
| The verdict in AG v ITN (1995) |
|
Definition
| Just because a broadcaster has released libellous material this does not excuse papers from reprinting in it on the basis that the damage has already been done. |
|
|
Term
| What two conditions have to be met for a contempt of court case to be brought? |
|
Definition
| 1) That there is a real risk the trial will be prejudiced 2) The prejudice has to be serious |
|
|
Term
| Why are media outlets confident they would be accused of contempt of court for publishing police appeals? |
|
Definition
| The AG gave a warning in 1981. |
|
|
Term
|
Definition
| Fair and accurate reporting is a defence against contempt |
|
|
Term
| Name a case where a newspaper used S5 of the contempt of court act as a defence against COC |
|
Definition
| AG v English (1983) (Daily Mail reporting on doctors leaving babies to die) |
|
|
Term
|
Definition
| Innocent publication/distribution. Applies if people had no reason to know a trial was active or if they were simply distributing a publication e.g like a corner shop |
|
|
Term
| What can and can't you report about bail decisions from a preliminary hearing? |
|
Definition
| You can report whether bail was granted/ refused and the conditions of bail. You can't report the reasons why grant was refused. |
|
|
Term
|
Definition
| Marie Claire published an article about a case in which Mr X had gone abroad with a school girl named S. The article mentioned S and showed a closeup of her face. It mentioned that Mr X had been accused of sexual misconduct (though not explicity in relation to S). Ms O'Riordan was found to have contravened the Sexual Offences Act 1992 for publicising the victim of a sex attack. |
|
|
Term
| Name a case in which a journalist was found in contempt of the Sexual Offences Act 1992 for publicising the identity of a sex crime victim. |
|
Definition
|
|
Term
| Does the right to anonymity reply to dead victims of sex crimes? |
|
Definition
|
|
Term
| Do journalists have to seek permission in advance to tweet from a trial? |
|
Definition
|
|
Term
| AG v Seckerson and Times Newspapers Ltd (2009) |
|
Definition
| The Times reported two members of a jury were questioning the verdict in a case in which the defendant was accused of shaking a baby to death on the basis that too much weight was given to medical evidence. The Times made the case that it was opening up a debate of public interest but it was still fined for breaking s8. |
|
|
Term
| Give a case in which a newspaper infringed S8 of the Contempt of Court Act. |
|
Definition
| AG v Seckerson and the Times (2009) (publishing jury unease about verdict in baby shaking case) |
|
|
Term
|
Definition
| Young was granted a retrial after it came to light four members of the jury consulted a ouija board to speak to one of his victims before finding him guilty. |
|
|
Term
| Al Rawi v Security Service (2010) |
|
Definition
| Six defendants who'd been imprisoned in Guatanamo Bay wanted to bring civil claims against the Security Services. At first their trial was to be a closed material procedure. But this was overturned on appeal with it being decided that a court can't order a closed material proceeding in a civil case. |
|
|
Term
| Name the case in which it was decided the law did not allow 'closed material procedures in civil cases' |
|
Definition
| Al Rawi v Security Services (2010) |
|
|
Term
| What is public interest immunity? |
|
Definition
| Public interest is a principle of common law under which a court can order a litigator not to disclose a piece of evidence if it goes against public interest |
|
|
Term
|
Definition
| First murder trial which was subject to a public interest immunity order. |
|
|
Term
| In what murder case did a minister order a public interest immunity order? |
|
Definition
|
|
Term
|
Definition
| The case against the head of a machine manufacturing company Matrix Churchill collapsed after it was revealed one of Thatcher's Ministers revealed he'd insinuated that the government would turn a blind eye to the fact the company's tools were being used to bolster the Iraqi government's weaponry |
|
|
Term
|
Definition
| Barot pleaded guilty to conspiracy to murder. A s4(2) order was initially applied banning the press from reporting Barot's sentence until his co-defendants who pleaded not guilty had been tried. The S4(2) order was overturned. |
|
|
Term
| Name a case in which newspapers successfully overturned an S4(2) order |
|
Definition
|
|
Term
| What factors does a judge need to consider when deciding whether to grant an S.46 order to a witness? |
|
Definition
| 1) the alleged circumstances of the offence 2) the age of the witness 3) their social/ cultural background 4) their relationship to the accused |
|
|
Term
| What does a judge need to determine before giving a S.46 order? |
|
Definition
| Whether or not it's in the inetrests of justice to do so. |
|
|
Term
| s.159 Criminal Justice Act 1988 |
|
Definition
| Provision that allows us the media to appeal against reporting orders. |
|
|
Term
| R (British Sky Broadcasting Ltd) v Commissioner of Police of the Metropolis (2014) |
|
Definition
| The Police went to a judge to get a production order from BSKYB under section 9 of PACE. The police requested part of the case for the production order to be held ex parte. This was granted and the production order was awarded. On appeal the right for part of the evidence to held in private was appealed. |
|
|
Term
| Give an example of a court order awarded post trial |
|
Definition
| Veneables and Thompson v News Group Newspapers and others (2001). A permanent injunciton was granted against the release of any informaiton that might lead to the identification of the two young men who killed Jamie Bulger after they were released from prison. |
|
|
Term
|
Definition
| John Terry's mother and mother in law were cautioned for shoplifting. Terry complained to the PCC that coverage of the offences focused too much on him even though he had nothing to do with the crimes. The PCC did not uphold his complaint on the basis that the coverage opened up a debate of national interest. |
|
|
Term
| Summarise S49 of CYPA 1933 |
|
Definition
| A child concerned in the proceedings of a court case must not be named or be pictured in any publication. The does not apply in the high court and can be repealed on some grounds. |
|
|
Term
| Are reporters allowed in youth courts? |
|
Definition
|
|
Term
| What's the punishment for revealing the identity of a child involved in a court case breaching the CYPA 1933? |
|
Definition
|
|
Term
| Are you allowed to report legal arguments in absence of the jury? |
|
Definition
| No, that might put you in contempt of court. |
|
|
Term
| Do vicitims of sex crime have the right to annomity in civil cases? |
|
Definition
| No, not in employment tribunals. |
|
|
Term
| R v Marines A,B, C, D and E (2013) |
|
Definition
| Five marines were brought to trial charged with the murder of an Afghani insurgent. They were at first granted anonymity on the grounds that their lives would be put in danger if their identities were revealed. Before the trial ended the media brought a successful case that the identities of the five men should be revealed. This was approved but wasn't immediately granted because all five said they'd appeal. The court martial of appeal didn't have the necessary jurisdiction to repeal the decision so it became a divisional Court of the Queen's bench Division. Marine A could not appeal his anonymity. Marines B and C appealed to protect their anonymity but lost. Marines D and E won their cases to remain anonymous. |
|
|
Term
| Name a case in which the press have successfully appealed a decision by the courts to grant defendants anonymity |
|
Definition
| R Marine A,B,C,D and E (2013) |
|
|
Term
| What can and can't you report about pleas of mitigation? |
|
Definition
| Under S58-61 of the Criminal Procedure and Investigations act you can't publish parts of the plea of mitigation which is derogatory to someone else's character, are untrue or irrelevant to the defendant's case. |
|
|
Term
| Name three ways you can challenge a court order as a journalist |
|
Definition
| 1) Apply to the original court 2) Through a judicial review 3) Appeal under s159 of the Criminal justice act, for cases held in the crown court. |
|
|
Term
| Section 159 of the Criminal Justice Act 1988 |
|
Definition
| This section creates a right of appeal against decisions on access or reporting restrictions in the Crown Court (but not in any other court) |
|
|
Term
| What standard of proof is needed in a Contempt of Court trial? |
|
Definition
| Criminal: beyond reasonable doubt |
|
|
Term
| Which court are Contempt of Court cases heard in? Who tries them? |
|
Definition
| They're heard in the High Court by a judge. |
|
|
Term
| Attorney General v Associated Newspapers Ltd & News Group Newspapers Ltd. ([2011] |
|
Definition
| The Daily Mail had an article online showing a defendant- who was due to go on trial the next day - posing in a picture with the gun. The paper was found in contempt. This was the first case in which an online article was found to be in contempt. |
|
|
Term
| Give an example of an online article that was found to be in contempt of court |
|
Definition
| AG v Associated Newspapers (2011) |
|
|
Term
| Name a difference between civil and criminal contempt of court. |
|
Definition
| Civil contempt of court comes into force before an arrest is made criminal contempt of court comes into force after arrest. |
|
|
Term
| Can newspapers run prejudicial material after the jury has returned their verdict but before the judge has handed down a sentence? |
|
Definition
| Yes because the judge cannot be prejudiced. |
|
|
Term
|
Definition
| ITN published a story about the fact one of the men suspected of the murder of a police officer was a convicted IRA terrorist who'd escaped. ITN was not found to be in contempt because the story was published 9 months before the trial. |
|
|
Term
| Name a case in which a media organisation was found not guilty of contempt of court on the basis of the 'fade factor' |
|
Definition
| AG v ITN (1995) (IRA terrorist suspected of murdering police officer) |
|
|
Term
|
Definition
|
|
Term
| Can you interview a juror while a trial is going on? |
|
Definition
| No it's a form on contempt |
|
|
Term
| JX MX v Dartford & Gravesham NHS Trust |
|
Definition
| A disabled girl who was awarded damages from the NHS after her mother sued for negligence was granted anonymity by the courts. The appeal judge said children and protected parties should be granted anonymity in settlement approval hearings unless it's inappropriate to do so. |
|
|
Term
| Difference between in camera and in chambers. |
|
Definition
| In camera is a courtroom with strict controls over who can and can't attend. In chambers mean in a judge's chambers. Reports can sometimes attend in chambers hearings. |
|
|
Term
| When do purdah rules on reporting parliament begin? |
|
Definition
| With the dissolution of parliament |
|
|
Term
| Under purdah rules in the Ofcom code what can the broadcast press report on election day? |
|
Definition
| They can't publish the first exit polls and they can't discuss elections issues. |
|
|
Term
| Can candidates in UK elections act as programme hosts or interviewers during the election period? |
|
Definition
| No, not according to Ofcom rules. |
|
|
Term
| What does a broadcaster need to report after the close of nominations in a constituency? |
|
Definition
| The full names of all those on the list and the parties they represent/ whether they're running as an independent candidate. |
|
|
Term
| After an election has been called can a candidate make points about their constituency others won't have the platform to make? |
|
Definition
|
|
Term
| What are the IPSO guidelines on reporting suicide? |
|
Definition
| S5. When reporting suicide, care should be given to go into excessive detail about the method used. |
|
|
Term
| What is the age of criminal responsibility in Scotland? |
|
Definition
|
|
Term
| Can you interview a school child? |
|
Definition
| S6 of the IPSO code says you need the permission of a parent |
|
|
Term
|
Definition
| Editors should not use the fame, notoriety or position of a child's parents as the sole reason for publishing a story about them. |
|
|
Term
| Give an example of a case where the PCC ruled against a parent who'd complained about a picture of their child in a newspaper. |
|
Definition
| A father and daughter were shown in Zoo magazine doing a Nazi salute. The dad complained about the photo to the PCC. The PCC said the photo was admissible on the grounds that it was a case of serious antisocial behaviour. |
|
|
Term
| What are the Ofcom guidelines on surreptitious filming/ recording? |
|
Definition
| They should only be broadcasted when it is warranted. |
|
|
Term
| What are moral rights in reference to copyright law? |
|
Definition
| They are general principles regonised in some jurisdiciton such as right to integrity of the work, right to be named or remain anonymous as the author of the work as desired. |
|
|
Term
| What are the IPSO rules on reporting in hospitals? |
|
Definition
| S8 of the Ipso rules says journalists have to identify themselves before pursuing enquiries in hospitals and they have to be particularly sensitive not to intrude into privacy |
|
|
Term
| Give an example of a case where a family brought an unsuccessful case to IPSO re the reporting of suicide. |
|
Definition
| Paul Tidswell was found by a coroner to have committed suicide. A paper ran a piece on the suicide. The family complained saying Mr Tidswell had not killed himself. IPSO rejected the complaint on the grounds the newspaper is not bound to be balanced in the reporting of coroner's verdicts. |
|
|
Term
| What defence can journalists use to protect their sources? |
|
Definition
| S10 of the Contempt of Court Act. |
|
|
Term
| When has someone used S2 of the Human Rights Act 1998 as a defence against revealing their sources? |
|
Definition
| Suzanne Breen v Police Service Northern Ireland |
|
|
Term
|
Definition
|
|
Term
| What do the police need to prove in order to be granted a production order? |
|
Definition
| That it's in the public interest for them to have the material. |
|
|
Term
| Why were the police refused a production order in the Dale Farm case? |
|
Definition
| Because they wanted access to all the footage of the Gypsy camp. It was not in the public interest for the police to have access to this information. If journalists are seen as extensions of the police, then it will be harder for them to work with sources in the future. |
|
|
Term
| Name a difference between how the police seize evidence under PACE and how they do it under Anti-Terrorism legislation. |
|
Definition
| Under PACE they have to give warning, under anti-terrorism legislaiton they don't |
|
|
Term
| Name a difference between how the police seize evidence under PACE and how they do it under Anti-Terrorism legislation. |
|
Definition
| Under PACE they have to give warning, under anti-terrorism legislaiton they don't |
|
|
Term
| What case highlighted the use of RIPA to bypass PACE/ Anti-Terrorism legislation to directly intercept journalists' material? |
|
Definition
| The Plebgate case. The police hacked into the computer of a journalist without the approval of a judge. |
|
|
Term
| Can the police still use RIPA to directly journalists' material without approval? |
|
Definition
| The last government did not have time to put through new legislation but they issued guidelines which mean the police now need to through pace or anti-terrorism legislation to get access to journalists' materials. |
|
|
Term
| Is it easier to gain an injunction under privacy law or confidentiality law? |
|
Definition
| Confidentiality law as you don't have to prove you're likely to win your case. |
|
|
Term
| Name an example of a case where the press have got a superinjuction overturned. |
|
Definition
| RJW and SJW v Guardian News and Media Ltd and Person or Persons Unknown ( Trafigura case). They overturned an injunction about the dumping of toxic waste off the Ivory Coast. |
|
|
Term
| Does Confidentiality law cover one night stands? |
|
Definition
| No, it covers personal relationships not casual sex. |
|
|
Term
| What are defences against breach of confidentiality? |
|
Definition
| 1) Public interest 2) Iniquity 3) Information already in the public domain |
|
|
Term
| Name a case which proves pictures intrude more into privacy then text. |
|
Definition
| Theakston v MGN ltd (2002). |
|
|
Term
| Name an example of celebrity who has taken out a harassment order against the press |
|
Definition
|
|
Term
| What does the IPSO code say about photographing someone in their own home? |
|
Definition
| Under section three it says, it is unacceptable to photograph people in private places without their consent. A private place is deemed anywhere that they might have a reasonable expectation of privacy. |
|
|
Term
| What are the four factors that make something in the public interest, according to the IPSO code? |
|
Definition
| 1) Detecting crime or impropriety 2) protecting public safety 3) protecting the public being misled 4) freedom of expression itself. |
|
|
Term
| Name the four components that make up Ofcom's definition of public interest |
|
Definition
| 1) Revealing/ detecting crime 2) protecting public health 3) correcting misleading claims 4) exposing incompetence |
|
|
Term
| In what circumstances is it sometimes acceptable to doorstop, according to the IPSO code? |
|
Definition
| If you've requested an interview, but been refused. |
|
|
Term
| What do past decisions by press regulators suggest is the right way to report pregnancy? |
|
Definition
| The press should not report someone is pregnant if they're less than three months pregnant without their consent. |
|
|
Term
|
Definition
| Intellectual works in tangible form |
|
|
Term
| Green v NZ Broadcasting Corporation |
|
Definition
| Hughie Green tried to claimed copy right infringement against MZ Broadcasting Corporation for the NZ show 'Opportunity Knocks.'The NZ show had the same name and some of the same elements such as the clapometer. However, Mr Green's case failed because the court ruled the show did not have dramatic unity and had not been copied in its entirety. |
|
|
Term
| Do you have to register for something to be copyrighted? |
|
Definition
|
|
Term
| Robin Bay v Classic FM (1998) |
|
Definition
| Mr Bay built a cataloguing system for Classic FM as a freelancer. Classic FM then began selling this copyright system to other radio stations. Mr Bay successfully sued as he is the author of the cataloguing system. |
|
|
Term
|
Definition
| Copyright designs and patents act 1988 |
|
|
Term
|
Definition
| Incidental use. You can't be sued for breach of copyright if a piece of art is in the backdrop of your piece of journalism. |
|
|
Term
| What's the maximum prison sentence for contempt of court? |
|
Definition
|
|
Term
| What kind of offence is 'intentional contempt'? |
|
Definition
|
|
Term
| If someone is released without charge, are contempt of court laws still active? |
|
Definition
|
|
Term
| If someone pleads guilty do contempt of court rules still apply? |
|
Definition
| Yes because the case might be referred to another court, if the person sentencing feels they don't have enough powers. It's also particularly true in cases judged by magistrates where a long time elapses between the guilty plea and sentencing. |
|
|
Term
| Can you publish the details a police officer gives you about a defendant? |
|
Definition
| Not necessarily all of them. The BBC was found to be in contempt of court for publishing the details of the past conviction of a criminal that was given to the journalist in police press release. |
|
|
Term
|
Definition
| When a defendant argues there's no case to answer. |
|
|
Term
| When is a contempt of court offence more likely: in a re-trial or an appeal? |
|
Definition
| A retrial, because it's heard by a jury whereas an appeal is heard by an experienced judge. |
|
|
Term
| In what case was the 'substantial risk of serious prejudice' test originated? |
|
Definition
| A-G v News Group Newspapers (1986) |
|
|
Term
|
Definition
| The lawyer for Rosemerry West argued that she couldn't get a fair trial because of the media controversy surrounding her case. The judge ruled she could stand trial - else no one would ever be convicted of murders where the details are horrific. |
|
|
Term
| Are there cases when you can mention someone's past convictions? |
|
Definition
| Under the Criminal Justice Act 2003 you can mention someone's past convictions if they're already widely known or it might help justice to be done (eg in cases where the facts of two crimes are strikingly similar) |
|
|
Term
| If identity is not an issue, is it ok to publish a picture of a defendant? |
|
Definition
|
|
Term
| What are the three defences against COC? |
|
Definition
| 1) Innocent publication 2) Fair and accurate contemporary reports 3) Discussion of public affairs |
|
|
Term
|
Definition
| During the same case of the doctor who was on trial accused of murdering a baby the Express wrote an article that was considered in contempt of court. It referred specifically to the case and the fact it was taking so long. |
|
|
Term
| What condition needs to be met for an intentional contempt conviction to be secured? |
|
Definition
| It needs to be proved beyond reasonable doubt that a particular person intended to prejudice a trial. |
|
|
Term
|
Definition
| It's contempt to report on jury deliberations. |
|
|
Term
| Name a case in which a newspaper tried to write an article about public affairs was still fined under S8 CoCA |
|
Definition
| AG v Seckerson and the Times. |
|
|
Term
| Is it contempt to report on a court case heard in private? |
|
Definition
| Not automatically. It depends on the case e.g you can't report on cases involving the welfare of children but you can on civil cases decided in chambers. |
|
|
Term
| McPherson v McPherson (1936) |
|
Definition
| Government minister was divorcing his wife. He did not want to attract publicity to his divorce hearing. The hearing was supposedly in the open but it took place in a judge's chamber at lunch time with no one else present. The privy council found that the order was invalid and there was no basis for this case to be held in private. |
|
|
Term
| Name a case that shows S11 orderd |
|
Definition
|
|
Term
| On what basis can an anonymity order be granted? |
|
Definition
| If their Article 2 right to life is threatened. |
|
|
