NCTJ ESSENTIAL MEDIA LAW UPDATED STUDY GUIDE
EXAM QUESTIONS AND ANSWERS SURE A+
✔✔Ofcom code Section 5 - Case study - ✔✔George Galloway Chatshow
(Talksport, 2008 - 2009)
He called listeners to join the anti-Israel protests during Gaza tensions
Breached impartiality rules but Ofcom noted that adequate airtime was given to
opposing views
'Major political controversy'
✔✔Ofcom code Section 6 - ✔✔Elections and Referendums
✔✔Ofcom code Section 6 explained - ✔✔Due weight to be given to 'designated
organisations' (main parties) and 'appropriate' coverage to 'permitted participants'
Candidates cannot be newsreaders, presenters or interviewers at all
In a constituency, all signif candidates must be invited to take part in discussion/ reports
No opinion poll results on day of polls until official poll closes
All reports must include full list of candidates
All discussion and analysis of election issues must end when polls open
✔✔Ofcom code Section 7 - ✔✔Fairness
✔✔Ofcom code Section 7 explained - ✔✔Rule: Avoid unjust or unfair treatment of
participants in programmes
✔✔Ofcom code Section 7 - Good practices - ✔✔P = Participant
Tell P why they're there
Tell P when and where it will be broadcast
Tell P contracted rights
Inform P of areas of questioning
Inform P of nature of programme
Get informed consent - under 16s = parental consent
Fair editing - including explain if P not included in broadcast
Avoid deception, set-ups and wind-ups
Exceptions:
-Person in public eye (but avoid unnecessary ridicule or distress)
- Subject not identifiable
- Public interest and no other option
✔✔Ofcom code Section 7 - Case study - ✔✔Peter Andre
(Sky News, Feb 2010)
Kay Burley presed him on his ex and his children. He cried.
Ofcom said that Andre was a well-known singer with "considerable experience of the
media"£
,He had previously talekd "candidly and frequently in public about his relationship with ex
and kids."
Andre didn't complain
Not in breach
✔✔Ofcom code Section 8 - ✔✔Privacy
✔✔Ofcom code Section 8 explained - ✔✔Rules:
-Any infringement of privacy whether part of making the programme or in the content,
must be 'warranted'
-If public interest, does it outweigh privacy right?
✔✔Ofcom code Section 8 - Good practices - ✔✔Informed consent needed to infringe
privacy*
Avoid surreptitious filming or recording*
Take care in emergencies and personal tragedies* unless warranted or informed
consent given
Don't name dead people unless family are aware
Home location - consent needed*
Permission should be sought to film inside premises*
Stop filming when asked*
Obtain consent insensitive places (schools, hospitals etc.)
Children - parental consent needed
Under 16s - special care
✔✔Ofcom code Section 9/ 10 - ✔✔Commercial/ Sponsors
✔✔Ofcom code Section 9/ 10 explained - ✔✔Keep advertising separate from editorial
News and current affairs programmes not to be sponsored
Avoid undue prominence to a product or service
✔✔IPSO - ✔✔Independent Press Standards Organisation
✔✔IPSO overview - ✔✔Independent regulator for the newspaper and magazine
industry in the UK
Hold newspapers and magazines to account for their actions
Protect individual rights
Uphold high standards of journalism
Help to maintain freedom of expression for the press
✔✔Contempt of Court - ✔✔Action that hinders the administration of justice in court
For journalists: publishing info that could prejudice a trial, especially if a jury is involved
✔✔Contempt of court key statute - ✔✔Contempt of Court Act 1981
, ✔✔Ways you can prejudice a trial - ✔✔Vilification
Witnesses
Jury
Pictures
Disobedience
✔✔Vilification - ✔✔Giving impression defendant or suspect is 'type of' person that would
commit that crime (e.g. mentioning previous convictions)
✔✔Witnesses - ✔✔Influencing a witness (e.g. interviewing them before trial or paying
them)
✔✔Juries - ✔✔Investigating or reporting on jury deliberations
✔✔Pictures - ✔✔Using photos when e.g. police want to hold an ID parade
✔✔Disobedience - ✔✔Breaking a court order that says not to report/ to postpone report
✔✔What is not contempt of court? - ✔✔Helping police: Reporting police appeals for info
and suspects provided wording is correct
Crime: Reporting diligently and accurately as long as you avoid prejudicial material
Court: Reporting ongoing trials diligently and accurately, and preliminary/ pre-trial
hearings as long as legal restrictions are observed
✔✔Strict liability contempt - ✔✔Under the Contempt of Court Act 1981
Section 1:
Publishing material which creates a substantial risk of serious prejudice or impediment
to ACTIVE legal proceedings
Intent (mens rea) is irrelevant
✔✔Contempt of Court Act Section 3 - ✔✔Innocent Publication Defence
Applies if person responsible, having taken all reasonable care, didn't know and had no
reason to suspect proceedings were active when material was published
✔✔Contempt of Court Act Defences - ✔✔Section 3 - Innocent Publication
Section 4 - Fair, accurate and contemporaneous
Section 5 - Discussion of public affairs
✔✔Contempt of court act Section 4 - ✔✔Fair, accurate and contemporaneous defence
Subject to any order, a person is not guilty of contempt in PUBLIC court hearings if
report is:
- Fair and accurate
- Published contemporaneously
- In good faith
EXAM QUESTIONS AND ANSWERS SURE A+
✔✔Ofcom code Section 5 - Case study - ✔✔George Galloway Chatshow
(Talksport, 2008 - 2009)
He called listeners to join the anti-Israel protests during Gaza tensions
Breached impartiality rules but Ofcom noted that adequate airtime was given to
opposing views
'Major political controversy'
✔✔Ofcom code Section 6 - ✔✔Elections and Referendums
✔✔Ofcom code Section 6 explained - ✔✔Due weight to be given to 'designated
organisations' (main parties) and 'appropriate' coverage to 'permitted participants'
Candidates cannot be newsreaders, presenters or interviewers at all
In a constituency, all signif candidates must be invited to take part in discussion/ reports
No opinion poll results on day of polls until official poll closes
All reports must include full list of candidates
All discussion and analysis of election issues must end when polls open
✔✔Ofcom code Section 7 - ✔✔Fairness
✔✔Ofcom code Section 7 explained - ✔✔Rule: Avoid unjust or unfair treatment of
participants in programmes
✔✔Ofcom code Section 7 - Good practices - ✔✔P = Participant
Tell P why they're there
Tell P when and where it will be broadcast
Tell P contracted rights
Inform P of areas of questioning
Inform P of nature of programme
Get informed consent - under 16s = parental consent
Fair editing - including explain if P not included in broadcast
Avoid deception, set-ups and wind-ups
Exceptions:
-Person in public eye (but avoid unnecessary ridicule or distress)
- Subject not identifiable
- Public interest and no other option
✔✔Ofcom code Section 7 - Case study - ✔✔Peter Andre
(Sky News, Feb 2010)
Kay Burley presed him on his ex and his children. He cried.
Ofcom said that Andre was a well-known singer with "considerable experience of the
media"£
,He had previously talekd "candidly and frequently in public about his relationship with ex
and kids."
Andre didn't complain
Not in breach
✔✔Ofcom code Section 8 - ✔✔Privacy
✔✔Ofcom code Section 8 explained - ✔✔Rules:
-Any infringement of privacy whether part of making the programme or in the content,
must be 'warranted'
-If public interest, does it outweigh privacy right?
✔✔Ofcom code Section 8 - Good practices - ✔✔Informed consent needed to infringe
privacy*
Avoid surreptitious filming or recording*
Take care in emergencies and personal tragedies* unless warranted or informed
consent given
Don't name dead people unless family are aware
Home location - consent needed*
Permission should be sought to film inside premises*
Stop filming when asked*
Obtain consent insensitive places (schools, hospitals etc.)
Children - parental consent needed
Under 16s - special care
✔✔Ofcom code Section 9/ 10 - ✔✔Commercial/ Sponsors
✔✔Ofcom code Section 9/ 10 explained - ✔✔Keep advertising separate from editorial
News and current affairs programmes not to be sponsored
Avoid undue prominence to a product or service
✔✔IPSO - ✔✔Independent Press Standards Organisation
✔✔IPSO overview - ✔✔Independent regulator for the newspaper and magazine
industry in the UK
Hold newspapers and magazines to account for their actions
Protect individual rights
Uphold high standards of journalism
Help to maintain freedom of expression for the press
✔✔Contempt of Court - ✔✔Action that hinders the administration of justice in court
For journalists: publishing info that could prejudice a trial, especially if a jury is involved
✔✔Contempt of court key statute - ✔✔Contempt of Court Act 1981
, ✔✔Ways you can prejudice a trial - ✔✔Vilification
Witnesses
Jury
Pictures
Disobedience
✔✔Vilification - ✔✔Giving impression defendant or suspect is 'type of' person that would
commit that crime (e.g. mentioning previous convictions)
✔✔Witnesses - ✔✔Influencing a witness (e.g. interviewing them before trial or paying
them)
✔✔Juries - ✔✔Investigating or reporting on jury deliberations
✔✔Pictures - ✔✔Using photos when e.g. police want to hold an ID parade
✔✔Disobedience - ✔✔Breaking a court order that says not to report/ to postpone report
✔✔What is not contempt of court? - ✔✔Helping police: Reporting police appeals for info
and suspects provided wording is correct
Crime: Reporting diligently and accurately as long as you avoid prejudicial material
Court: Reporting ongoing trials diligently and accurately, and preliminary/ pre-trial
hearings as long as legal restrictions are observed
✔✔Strict liability contempt - ✔✔Under the Contempt of Court Act 1981
Section 1:
Publishing material which creates a substantial risk of serious prejudice or impediment
to ACTIVE legal proceedings
Intent (mens rea) is irrelevant
✔✔Contempt of Court Act Section 3 - ✔✔Innocent Publication Defence
Applies if person responsible, having taken all reasonable care, didn't know and had no
reason to suspect proceedings were active when material was published
✔✔Contempt of Court Act Defences - ✔✔Section 3 - Innocent Publication
Section 4 - Fair, accurate and contemporaneous
Section 5 - Discussion of public affairs
✔✔Contempt of court act Section 4 - ✔✔Fair, accurate and contemporaneous defence
Subject to any order, a person is not guilty of contempt in PUBLIC court hearings if
report is:
- Fair and accurate
- Published contemporaneously
- In good faith
