Showing posts with label PRESS REGULATION. Show all posts
Showing posts with label PRESS REGULATION. Show all posts

Monday, 14 March 2011

PCC Case Studies

CASE STUDY 1: A man v the Northwich Guardian
  • 3) Privacy, but the video was uploaded to youtube by the child so it's already on the public domain due to his own actions.
  • 6) Children, but in public interest to publicise the serious anti-social behaviour of the 15 year old.
NOT UPHELD

CASE STUDY 2: A man v Zoo magazine
  • 3) Privacy, but the people were in a public place at a football match so this doesn't apply.
  • 6) Children, but the young girl was with her dad and if he was worried about how she would be percieved, he shouldn't have let her make such obscene gestures in the first place.
NOT UPHELD


CASE STUDY 3: A man v The Sunday Times
  • 6) Children. the Code says that children should be able to complete their time at school without unneccesary intrusion, so the journalist should have not persisted. The child was also paid, which is a breach of the clause.
  • However, there was no photo or article published.
UPHELD


CASE STUDY 4: A woman v The Independant
  • 1) Accuracy "The Press must take care not to publish inaccurate, misleading or distorted information, including pictures" - they published inaccurate information about the actress' pregnancy being the reason for her leaving roles.
  • 2) Privacy, she should have been allowed to tell people about the pregnancy before the publication.
    • The journalist didn't know that this wasn't public information and the article has been removed and a letter and apology made so they can't really do much more they can do now.
UPHELD


CASE STUDY 5: A woman v The Sun
  • 5)  Intrusion to grief or shock, although the matter was very sensitive, the coverage was 'brief and factual' amd didn't dwell on details of suicide.
NOT UPHELD


CASE STUDY 6: A woman v Eastbourne Gazette
  • 4) Harrassment, the journalist was clearly told to dissist but ignored this and is wrong.
  • 8) Hospitals, after being told that the man did not want to talk, the journalist still went and did not make his identity known so is even more in the wrong
UPHELD


CASE STUDY 7: A police officer v The Sunday Telegraph
  • 10) Clandestine devices and subterfuge, as subterfuge had been admitted there was a definite breach of this clause but since the woman is a police officer in the public eye, this could be overruled by public interest especially since her job is to investigate racial crimes and her husband is a Nazi.
  • Also, since the husband had been 'caught out' before and said he would never talk to a reporter, it was a bit thoughtless to let someone into his house and take photos, even if they had not revealed their real identity.
NOT UPHELD


CASE STUDY 8: Paul McCartney v Hello!
  • 2) Privacy, this was a clear intrusion into Sir Paul's personal life. Even though he is in the public eye, Notre Dame where anyone should be allowed privacy as it's a place of worship. 
UPHELD

    Friday, 11 March 2011

    PCC Seminar

    This week, we visited the PCC office in London. It was great to cover the Code of Practice in more detail, which specific regard to Public Interest which I wasn't very clear on.

    Before the talk, I felt like there were some conflicting points such as allowing journalists to have freedom of speech yet still respecting people's privacy, but this was straightened out with current examples.

    I had thought that all commissioners were ordinary members of the public, but 7 are from the media industry and 10 are laymen.

    Tuesday, 8 March 2011

    The public interest

    There may be exceptions to the clauses marked * where they can be demonstrated to be in the public interest.

    1. The public interest includes, but is not confined to:
        i) Detecting or exposing crime or serious impropriety.
        ii) Protecting public health and safety.
        iii) Preventing the public from being misled by an action or statement of an individual or organisation.


    2. There is a public interest in freedom of expression itself.

    3. Whenever the public interest is invoked, the PCC will require editors to demonstrate fully that they reasonably believed that publication, or journalistic activity undertaken with a view to publication, would be in the public interest.

    4. The PCC will consider the extent to which material is already in the public domain, or will become so.

    5. In cases involving children under 16, editors must demonstrate an exceptional public interest to over-ride the normally paramount interest of the child.

    Monday, 7 March 2011

    Code of Practice

    1Accuracy

    i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.
    ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published. In cases involving the Commission, prominence should be agreed with the PCC in advance.
    iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact.
    iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.
    2Opportunity to reply
    A fair opportunity for reply to inaccuracies must be given when reasonably called for.
    3*Privacy
    i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.
    ii) Editors will be expected to justify intrusions into any individual's private life without consent. Account will be taken of the complainant's own public disclosures of information.
    iii) It is unacceptable to photograph individuals in private places without their consent.
    Note - Private places are public or private property where there is a reasonable expectation of privacy.
    4*Harassment

    i) Journalists must not engage in intimidation, harassment or persistent pursuit.
    ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent.
    iii) Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.
    5Intrusion into grief or shock

    i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. This should not restrict the right to report legal proceedings, such as inquests.
    *ii) When reporting suicide, care should be taken to avoid excessive detail about the method used.
    6*Children

    i) Young people should be free to complete their time at school without unnecessary intrusion.
    ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents.
    iii) Pupils must not be approached or photographed at school without the permission of the school authorities.
    iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest.
    v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.
    7*Children in sex cases

     
    1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences.
    2. In any press report of a case involving a sexual offence against a child -
        i) The child must not be identified.
        ii) The adult may be identified.
        iii) The word "incest" must not be used where a child victim might be identified.
        iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.
    8*Hospitals

    i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries.


    ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
    9*Reporting of Crime

    i) Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are genuinely relevant to the story.
    ii) Particular regard should be paid to the potentially vulnerable position of children who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.
    10*Clandestine devices and subterfuge

    i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held private information without consent.
    ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.
    11Victims of sexual assault

    The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.
    12Discrimination

    i) The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability.
    ii) Details of an individual's race, colour, religion, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.
    13Financial journalism

    i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.
    ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor.
    iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.
    14Confidential sources
    Journalists have a moral obligation to protect confidential sources of information.
    15Witness payments in criminal trials

    i) No payment or offer of payment to a witness - or any person who may reasonably be expected to be called as a witness - should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981.
    This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict.
    *ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial.
    *iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.
    16*Payment to criminals

    i) Payment or offers of payment for stories, pictures or information, which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates – who may include family, friends and colleagues.
    ii) Editors invoking the public interest to justify payment or offers would need to demonstrate that there was good reason to believe the public interest would be served. If, despite payment, no public interest emerged, then the material should not be published.
    Sections marked with asterix refer to Public Interest

    Sunday, 6 March 2011

    The Press Complaints Commision (PCC)

    • Set up in 1991 to replace the Press Council
    • Independant body dealing with complaints about editorial content of newspapers and magazines in the UK and their websites
    • Not a legal system
    • Voluntary agreement by the newspaper and magazine industry to allow itself to be regulated.
    • Code of practice drawn up by a committee of editors.
    • Commision itself has a majority of public members
    • 10 out of 17 Commisioners (including Chairman) have no connection to newspapers and magazines
    • Code of practice has 16 sections and covers 4 main areas:
      • Accuracy
      • Privacy
      • News gathering
      • Protecting the vulnerable
    • Code doesn't cover taste and decency; it's a democratic society
    • PCC funded through Press Standards Board of Finance (PressBof) which collects money from newspapers and magaiznes in the UK.
    • Each newspaper/magazine contributes in proportion to the number of people who buy and read it (circulation)
    • Members of the public do not pay for the service in any way
    • The PCC accepts complaints from anyone who believes an article involving them breaches the Code in any way
    • In 2007, 1.5 % of complaints came people in the public eye with 95.8 % from ordinary members of the public.
    • The Code provides special protection to particularly vulnerable groups such as children, hospital patients and those at risk of discrimination.
    • The majority of complaints regard regional newspapers - readers care about their locality