Law revision
Part 2 Schedule 1 Defamation Act 1996
You do have to give complainants right of reply (if requested) to be covered by qualified privilege
Part 1 schedule 1 defamation act 1996
You do not have to give complainants right of reply to be covered by qualified privilege
Defamation Act 2013 (HO)
Honest opinion. Not facts/news stories. 1. Must clearly be an opinion 2. Must be honestly-held 3. The basis of the opinion must be stated either generally or specifically 4. The opinion must be based on facts available at the time
Defamation Act 2013 (TD)
The truth defence. Only what you can prove to a court's satisfaction. Allegations must be proved substantially true on the balance of probabilities. You would need to put evidence before a court.
Common Law and Section 14 Defamation Act 1996
The media has absolute privilege for reports of judicial proceedings held in public in the UK if your report is fair, accurate and contemporaneous.
Defamation Act 1952
Does your story tend to cause the claimant to be shunned or avoided, lower the claimant in the eyes of right-thinking people, expose the claimant to ridicule or contempt, disparage the claimant in their trade, office or profession?
Section 1 Sexual Offences Act 1992
Bans the publication of name, address, school, place of work, still or moving picture and any other information likely to lead to the identification of a sex offence victim in their lifetime
Section 46 of the Youth Justice and Criminal Evidence Act 1999
Discretionary LIFETIME anonymity for adult witnesses, victims/alleged victims in fear or distress about giving evidence in open court
Section 45A of the Youth Justice and Criminal Evidence Act 1999
Discretionary LIFETIME anonymity for children and young persons witnesses, victims/alleged victims in fear or distress about giving evidence in open court
Section 39 of the Children and Young Persons Act 1933
Discretionary anonymity for children and young persons concerned in proceedings in civil cases and inquests
Section 45 of the Youth Justice and Criminal Evidence Act 1999
The courts could place a discretionary ban on a young person or child appearing in magistrates and crown courts too, if they are concerned in the proceedings
Section 45 of the Crime Sentences Act 1997
This allows a youth court to lift all, or part, of the ID ban when it is in the public interest if the defendant is a persistent offender, what they have done has had an impact on many people, alert people to their behaviour and prevent further offending, only after a defendant has been convicted.
Section 49 of the Children and Young Persons Act 1933
Reports of Youth Court must not contain the name, address, school, workplace, still or moving picture, or any other particulars leading to the identification of any child or young person concerned in any way in proceedings (witnesses, defendants, victims/alleged victims)
Section 41 of the Criminal Justice Act 1925
It is illegal to photograph or film in a court building and its precincts.
section 5 contempt of court act defence
A publication made as or part of a discussion in good faith of public affairs is not to be treated as contempt under the strict liability rule if the risk of impediment or prejudice to proceedings is merely incidental
Section 11 Contempt of Court Act 1981
A court can ban the media from reporting a person's name or other information in coverage of a case. This protects the identification of victims of blackmail
Section 9 Contempt of Court Act 1981
Ban on any kind of audio recording without court permission. This avoids stressing or distracting witnesses, collusion or intimidation.
Section 1 Contempt of Court Act 1981
Proceedings are inactive when an arrested person is released without charge, acquitted or sentenced, no arrest within 12 months of warrant being issues, case is discontinued, or the defendant is unfit to be tried or plead and the charges are allowed to 'lie on file'.
Section 1 Contempt of Court Act 1981
Proceedings are active when a person is arrested, an arrest warrant is issued, a summons is issued, or a person is orally charged
Contempt of Court Act 1981
Any publication when proceedings are active which creates substantial risk of serious prejudice or impediment to proceedings in the UK will be treated as contempt, regardless of intent
European Convention of Human Rights Article 6
An individual's right to a fair trial
European Convention of Human Rights Article 10
The media's right to freedom of expression
The fade factor
The courts recognise that the public (potential jurors) can forget details reported when a crime occurred, arrests were made and people were charged before trials eventually take place
Injunction
A court order compelling someone to do something or stop doing something
Section 3 contempt of court act 1981
A publisher is not guilty of contempt under contempt of court act 1981 if, at the time of publication, having taken all reasonable care, he did not know and had no reason to suspect proceedings were active
The Attorney General 1981
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
Section 2oD of the Juries Act 1974
It is a criminal offence intentionally to disclose, obtain or solicit information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of their deliberations in proceedings before a court
OFCOM and IPSO's protection of children and young persons involved in proceedings
The rules can only be breached if there is exceptional public interest that overrides the child's wellbeing
Two Divisions of the Law
Criminal law and Civil Law
Civil Law
Private Law - resolves disputes between people
Public Law - Allows individuals or organisations to challenge decisions of public bodies, including local and national government
King's Bench Division - High Court
Hears libel cases, high value debt and personal injury cases and breaches of contract and has specialist courts like the commercial court
The Human Rights Act 1998
Judges must take account of it in decisions that are made in the UK courts. No decision in a UK court should breach your rights under the ECHR. If it does, people can take their case to the European Court of Human Rights (ECtHR) in Strasbourg, France
Bail Act 1976
Defendant must get bail unless the court has grounds they will commit more offences, interfere with the course of justice or abscond
Prima Facie Grounds
Prior enquiries have established there is sufficient evidence to justify the use of deception
Prior Restraint
The power which courts have to stop material from being published
Section 47 of the Children and Young Persons Act 1933
The media can report on cases in youth court (bona fide representatives of newspapers or news agencies)
Section 5 of the sexual offences Act 1992
Allows the media to identify a victim of any offences covered by the act if they give written consent (signed) without their peace and comfort of mind being disturbed
Defamation Act 2013
A claimant must show a statement has caused or is likely to cause serious harm to their reputation for a libel action to succeed
DIP test
1. Defamatory
2. Identification
3. Publication
Main libel defences
Truth, honest opinion and absolute privilege
Section 52A of the Crime and Disorder Act 1998
Reports of preliminary hearings of cases heading for jury trial at crown court are restricted by this
Breach of section 41 Criminal Justice Act 1925 punishment
A fine up to £1000
Maximum sentence for contempt of court
Two years in prison, but can also be punished with an unlimited fine
OFCOM
The office for UK communications industries (TV and radio sectors, line telecoms, mobiles, postal services and airwaves)
Impress
The independent monitor of the press
IPSO
Independent press standards organisation. Holds papers and magazines accountable for their actions, protects individual rights, upholds high standards of journalism and helps maintain freedom of expression
Editor's code of practice
Adjudicates on complaints used by the IPSO. 16 clauses, sets out ethical standards
Public interest
Detecting or exposing a crime, protecting public health or safety, protecting the public from being misled
Fishing expedition
An investigation launched without sufficient prima facie grounds to justify it
Three sources of UK law
The common law - law based on the decisions of judges through the centuries
Precedent/case law - the system by which reports of previous cases and judges' interpretations of common law are used as examples where the legally material facts are similar
Acts of parliament - E.g. Defamation act 1996. Laws decided or changed by MPs and Lords. Statutes modify or replace common law