Regulation: definitions and defences summary

Complaints about newspapers or magazines and their websites are channelled through a watchdog. A new watchdog began operating in 2014 – the Independent Press Standards Organisation – replacing the PCC.

In the UK, we have a relatively free press with no state controls on who can own or run publications. Print journalism does not have a requirement to be impartial like that of broadcast.

The newspaper and magazine industry established the PCC in 1991 to keep the threat of statutory regulation at bay. It did however, regulate the conduct of journalists and editors, and operated a free and relatively fast service to deal with complaints. Disclosure of the phone-hacking by News of the World killed the PCC and affirmed critics’ views of its ineptness however.

Leveson called for a new regulator – more independent of the industry than the PCC, with investigatory powers and the power to fine. IPSO will have the contractual power to fine up to a maximum of £1 million and will have a committee made up of not only editors but people outside of the industry as well. This is dissimilar to the Editors’ Code of Practice which was overseen by the PCC.

Stages of complaint:

An aggrieved person should complain first to the relevant editor

If they remain dissatisfied, they should then contact IPSO

Private or published apology enough? Intervention before publication? Financial penalty?

There are public interest exceptions to the ethical codes for journalists’ protection.

‘There is public interest in freedom of expression itself’

Clause 1: A significant inaccuracy, misleading statement or distortion must be corrected promptly, and any correction or apology must be given due prominence. The press must distinguish clearly between comment and fact.

Clause 2: A fair opportunity for reply to inaccuracies must be given.

Clause 5 states that reports of suicides should avoid giving excessive detail about the method used.

Journalists should normally be open when seeking information, making clear that they are the press. This means that normally photography or filming must be done openly and that eavesdropping will breach the code. The code says that such subterfuge should only be used when an open approach would not work, even when a public interest exception applies.

In the UK, it is legal for one party to record a phone call even if the other is not aware it is being done.

Broadcast regulation

Television and radio journalism is regulated by statute. Ofcom, an independent regulator, states broadcasters must be impartial when covering politics and social issues, and must be accurate, treat people fairly, respect privacy and avoid causing harm and offence. Ofcom licenses are granted for set durations and can be renewed. The BBC is not only subject to the Ofcom code but has a system of self-regulation.

Ofcom cannot shorten, suspend or revoke the licenses of the BBC, S4C or Channel 4; they are public service broadcasters. The body can fine up to a maximum of £250,000 or 5% of the broadcaster’s qualifying revenue.

Section1: protecting under-18s (TV watershed, radio limitations)

Section 2: avoiding harm and offence (*photosensitive epilepsy)

Section 3: covering crime

Section 4: covering religion

Section 5: due impartiality and due accuracy and undue prominence of views and opinions

Section 6: covering elections and referendums

Section 7: fairness (informed consent)

Section 8: protecting privacy

Section 9: commercial references in TV

Section 10: commercial communications in radio

Impartiality means not favouring one side over another – ‘due’ means adequate or appropriate to the programme’s subject or nature.

Tories to continue controversial cull if they win election

Environment Secretary Elizabeth Truss MP speaking at the Conservative Party Conference. Credit: Gareth Milner

A Tory-led government would extend badger culling across the country, the environment secretary said today. Despite pressure from environmental activists and pressure groups nationally, Elizabeth Truss will push forward with the Conservatives’ 25-year Bovine TB eradication strategy if the Tories are to be elected in May.

At a NFU conference in Birmingham, Ms Truss said the Conservatives would “do whatever it takes” to combat the disease.

She added: “Bovine TB is the greatest threat to our beef and dairy industry, endangering our food security. That’s why this Government will take the difficult decisions to deal with this disease.

“Our twenty five year strategy includes cattle movement controls, vaccination in the edge area and culling where the disease is rife. This strategy has worked in Australia and it’s working in New Zealand and Ireland.”

If the Conservatives are elected, the Government will roll out badger culling to areas in the UK where tuberculosis is rife in cattle. Culls could begin as early as this year.

Elizabeth Truss said: “We will not let up, whatever complaints we get from protest groups.

“We’re in it for the long haul. We will not walk away.”

Back in November, the Badger Army marched through Winchester City centre to protest against the culls.

Badger Trust CEO and Policy Advisor for Care for the Wild Dominic Dyer said: “We’re telling the government that there is no justification for going on with this policy – it must stop now.

“The level of incompetence, negligence and deceit surrounding the badger cull policy is staggering. The policy has cost huge amounts of public money, free shooting the killing method being tested has proved a disastrous failure, none of the badgers killed have been tested for TB, cull targets have been missed and many badgers have died long painful deaths.”

Labour’s shadow environment secretary, Maria Eagle, has said her party would scrap the badger cull policy if it wins the General Election.

A Lib Dem government would see investment into workable vaccines in line with the Conservatives’ Bovine TB eradication strategy. Nick Clegg promised in his party’s manifesto that he would only extend the existing culls if they were proven to be effective, humane and safe.

UKIP has pledged that they will prepare for the possibility of disease outbreaks (including those) caused by imports. Nigel Farage has not explicitly mentioned badger culling in his party’s manifesto but the document has stated that: “we cannot expect our farmers to bear the brunt of any such outbreaks. We will encourage them to introduce testing programmes and invest in insurance schemes to deal with potential outbreaks, as the poultry sector has done with the salmonella testing programme and associated insurance scheme.”

*This is one of my reports to be submitted as my FYP*

Confessional interviews

‘My True Story’

The confessional interview is a straight forward formula being one of the most cost effective types of journalism; there is only one interview. This type of interview originated in downmarket women’s magazines but is now used by all publications including the broadsheets.

The term ‘confessional’ implies criminal behaviour but this is not necessarily the case. It is simply described as:

extraordinary things happening to ordinary people

Confessional interviews are usually ghost written. This means that they are written by a person but credited to another – celebrities usually use a ghost writer.

They can be in two styles: in the victim’s voice or in the house style. Journalists do not usually get a byline from this type of article but publications can use phrases like ‘X opened her heart to…’ and ‘X’s story as told to…’

A confessional should be a one hour interview. You must be disciplined with yourself: use very precise questioning and do not let them answer yes or no.
What did you feel?
What did you say?                                                                                                                        What were they wearing?

It is a good idea to conduct a pre-interview before pitching the confessional to get the nub of the story and a headline for the editor.

You need a chronological interpretation of the story but that does not restrict you to how you will start your edit.

Think of a headline and a dramatic quote
Describe the scene

The problem of copy approval

If the interviewee requests that they see your copy before publication it can raise questions over the intellectual property. As a journalist, you can offer to read the quotes back this can avoid an entire proofread scenario. Ethically, the article should be a fair summary of what the subject has said. Remember that your responsibility is to your readers: to grip and entertain them. Make sure to maintain control over the copy – you can correct accuracy but not style. Sometimes it is good to show copy so to expect if you will be complained about. Some publications only give copy approval to confessional sections.

Women’s magazines’ confessional interviews are not pegged to news but entirely human interest stories. The interview must be a triumph over tragedy story and these publications pay money to both the subject and the writer. Usual examples include: My battle with…cancer/drink/drugs/break up

Celebrity confessionals are very popular, names include: Anne Robinson, Michael Barrymore and, Jordan/Peter Andre

Journalist confessionals are also popular but there has been debate on the appropriateness of this type of journalism.Tim Dowling, William Leith, Tanya Gold, Liz Jones and Liz Jones’ husband are among the journalists divulging in this field.

Newspapers do confessionals in a slightly different way; the interviews are pegged to news, usually part of a package – crash survivor/graphic/history/news.

Even trade titles use this type of interview, although often less dramatic, they are still needed to balance the heavy information. Normally written in the first person but not a confessional. Trade magazines are a great way into print journalism because they give you the contacts and the ability to write.

Articles need a grabbing paragraph to begin with, a drop intro and then chronologically on with the story.

Victim support groups are a good source for confessional interviews but choose your charities wisely. Think about Alcoholics Anonymous.

• Medical
• Social
• Support groups
• Charity
• Internet – #journorequest
• Phone book

A confessional interview needs to have the moment it all changed

How to make a good confessional interview:

Good turn of phrase
Good collects
Happy ending
Open, honest, realistic                                                                                                              Always write in 1st person

Avoid: 

The too vulnerable. You need a robust subject
Hoaxers
Check facts
Vested interest or malice

Copyright and FoI: fair dealing and definitions

Copyright is a property right to control who can copy work created by artistic and other intellectual endeavour. The law protects journalism articles, website content, books, photographs, films, sound recordings and music, TV and radio broadcasts.

A staff journalist only has the copyright in an article or photo if the employer specifically agrees to this. Self-employed journalists are the first owners of copyright in their works.

‘anything worth copying is usually worth protecting’

Copyright does not protect ideas – it controls the right to copy the form or manners in which these ideas are expressed. There is also no copyright in facts, news or information.

Journalists are able to lift information from articles – but not word for word from somebody else’s work –they can copy quotes with attribution of the publication.

Fair dealing defences:

• for the purpose of reporting current events
• public interest
• sufficient acknowledgment of the work copied – the work’s title, its author/creator
• fair dealing means fair practice – only a short clip as a preview

Photographs are excluded from the defence because you are using the entire work – this is where creative commons comes into play.

Freedom of Information Act

The Freedom of Information Act created the UK’s first general right of access to information held by government departments and public authorities. The law gives people the right to require public authorities to disclose information they would otherwise not publish.

By law, a public authority should respond to an FoI request within 20 working days, either supplying the information or explaining that it cannot do so because:

• it does not hold it
• providing it would exceed the cost limits
• it is exempt from disclosure

A requestor’s reason for wanting information plays no part in an authority’s decision on providing it.

There are exemptions to requests that can be made – these are absolute and qualified exemptions.

Examples of absolute exemptions include: security services or court records.

Examples of qualified exemptions include: ministerial communication and commercial confidentiality.

If information has qualified exemption you should still be given if it is in the public interest and passes the public interest test.

You can ask for an internal review if a request is refused and you can also raise it with an information commissioner, information tribunal or even the High Court.

The other laws surrounding information are The Data Protection Act and The Official Secrets Act. The Data Protection Act aims to protect information away from public domain with respect to personal data. The Official Secrets Act protects sensitive material and documents relating to the defence of the UK.

 

Copyright: cases and commentary

Journalists are part of the creative community so our work is protected by copyright.

Fair dealing is the protection that allows the press to pick up stories from other news corporations and use copyright material. The law allows other people to report the same stories but still maintains exclusivity. Copyright law is all about knowing where fair dealing starts and where it ends.

A new amendment of the act last year eased copyright, meaning that you can create parodies. See examples: New York Jay Z parody ‘Newport’, Happy Family Guy.

The Jay Z parody was made before the amendment; lawyers took the video down and prompted the law change.

Requirements of fair dealing: attribution and using reasonable sections of the copyright material.

CASE STUDY: Footage of the Jonny Wilkinson winning kick is one of the most expensive clips – note that when you see stories on this broadcasters tend to use a still of the moment and its radio commentary.

Copyright protected material usable under the fair dealing clause includes:

• Theme tunes
• Archive footage
• Stills
• Movie clips

Is it for a news event? Is it for reviewing or criticism purposes?

When a film is released, material is copyright free for a short period so broadcasters can use  the trailer.

CASE STUDY: The Daily Mirror grabbed the exclusive John Darwin faked death story with the picture showing he was in fact alive. The paper thought that they had copyright of the image and made deals for other organisations to access the picture. However, the original photographer came forward and claimed ownership – the BBC was handed a fine for the use of the picture.

Photographs are not a part of the fair dealing clause; the image is the entire creative work so you cannot use a part of it. Some organisations have burnt in trademarks to protect images and maintain the exclusivity to one of the highest degrees.

Obituaries – organisations will want to use movie clips and so will use the fair dealing clause on the basis that it would be a news event. BUT there is a time limit on the protection.

CASE STUDY: 7/7 bombings footage was caught on a mobile phone and given to ITV but then was shown by the BBC under a huge public interest clause.

CASE STUDY: Blurred Lines vs Got to give it up

Copyright danger areas are the Internet, sports coverage, photographs and film archive.

Top tips:

1. Recognise issues early
2. Contacting rights holders takes time
3. Tell others you’ve got copyright cleared material
4. Don’t lift material without referencing up

Freedom of Information Act

Bodies have 20 working days to respond to requests but can take longer to deliver the information. They must respond about whether the request is possible in this time though.

The Information Commissioner is a journalist’s friend, they also are in charge of the Data Protection Act. Christopher Graham is the current Information Commissioner.

Reviews

A review is one of the more detailed forms of magazine journalism. Constructing a review is entirely different; it starts with basic details and continues with fact upon fact.

Gonzo journalism, instead, adopts a deeper level of context, setting and surroundings are key with this type of journalism.

How to write a review:

Part 1: Describe what it is

Part 2: Opinion on the subject and rating

This basic structure for reviewing can be used on anything but it is important to stick to as this is the format readers are used to.

Reviews and media law

Defamation and copyright are the two main dangers when commenting on a subject.

Defences for comment:

Honest opinion

Based upon fact

Public interest

Journalists reviewing must be aware of copyright – fair dealing is extremely important.

Qualified privilege: cases and commentary

Privilege provides journalists with protection to report on routine activities including: public meetings, council hearings, tribunals or court. The public interest defence demands that there should be complete freedom of speech without the legal risk of defamation when reporting proceedings.

There are two types of privilege: Absolute and Qualified. Absolute privilege covers journalists reporting in court or tribunals as long as the reports are fair, accurate and contemporaneous. Qualified privilege is one of the main defences for defamation so long as the reports are without malice and in the public interest. It allows you to see boundaries of what you can report, some have protection and some don’t.

It must be remembered that privilege does not cover defamatory comments shouted from the public gallery in court.

One very recent example of journalists having absolute privilege is the reporting of Ed Miliband accusing Lord Fink of tax avoidance. Miliband was quoted in PMQs as saying ‘Tory tax dodgers’  the sentence after mentioning Lord Fink. This is dangerous innuendo. Lord Fink then told the press if Miliband repeated such claims outside of the House of Commons he would sue – politicians have privilege within House of Commons also.

The Rotherham Council report into investigations of child sex abuse was pushed to be published by the House of Commons so that journalists could report the document safely with privilege.

Plebgate row: reports by journalists on the event needed serious legal cover to say that police had lied in meeting.

QP is limited – that is why it is qualified – journalists may need to publish explanation or contradiction.

The privilege applies in legislature, by government or court anywhere in the world, tribunals, pressers, written handouts, public meetings, verbal comments by a press officer and, police statements.

Journalists should always consider the risks of live broadcasting. Be sure to explain the risks to the news editor and always be prepared to jump in.

If something legally dodgy is aired, call the lawyers or put up a statement saying not own views?

An inquest’s main purpose is to determine how a person died. The coroner can call witnesses and acts as a inquisitor but they are not there to act as a prosecutor or the defence. Coroners give a narrative verdict, summing up the facts of death. Sometimes inquests have juries but not too often – for example Hillsborough is a huge inquest happening at the moment with a jury.

Coroners can also decide what is classed as a treasure.

Reporting sex offences:

Lifelong anonymity is given to any victim regardless of the outcome unless consent is given to waive it. Alleged offenders are not protected apart from teachers – Cliff Richard is an example of being identified when police searched his home and the BBC showed helicopter footage of the search.

A teacher at Alteringham Grammar School was identified as he was central to the case.

Qualified privilege: defence requirements

Qualified privilege is a defence for the publication of certain types of information that are in the public interest. There is no requirement for the publisher to prove the information is true.

The defence applies to media reports of press conferences, Parliamentary debates held in public and, public meetings of councils. It also applies to media reports of statements issued for the public by government, councils, police etc. QP protects non-contemporaneous reports of court cases, including references to people’s past convictions.

For absolute privilege, the publisher’s motive is irrelevant but for qualified privilege, if the claimant can show malice the defence fails.

Requirements/key points:

• Fair and accurate, without malice, and in the public interest
• Is there a requirement to publish explanation or contradiction? -An example of QP without explanation or contradiction would be proceedings of a legislature anywhere in the world.

  An example of QP with explanation or contradiction would be material reported at a public meeting

• Statute only protects a report of the occasion, not statements said out of the environment
• Reports of public meetings, press conferences, scientific and academic conferences held anywhere in the world
• Documents handed out in public meetings or press conferences have QP
• Not all authorities are covered but some are covered by privilege at common law
• Verbal comments by press officers are generally covered by QP
• Disciplinary actions by private associations

Inquests are court hearings, and so are covered by the law of contempt of court, which can affect media coverage.

Tribunals can make temporary anonymity orders in cases involving sexual misconduct. Contempt law applies to tribunals that are classed as a court. Media reports of the public proceedings are protected by QP and by absolute privilege when reports are contemporaneous.

General Election Round Up of the South

Feature interviews

Types of feature interviews:

• Confessional, first person – magazines, tabloids traditionally but times are changing and now more are being included in broadsheet journalism
• Feature interviews
• Profiles
• General features

Simplicity is key; all interview types follow a set formula

Interviewers: A touch of the stalker, a voyeur…nosy sod
Good quotes are essential for any type of interview – they can make or break the feature. An article can be centred around one quote.
Confrontation? Some interviewees make whole features around a confrontation within the interview – this is a style point.

Interviews that changed the world:
Frost/Nixon
Bashir/Diana

History of interviewing:
1884: Pall Mall Gazette editor WD Stead
1890s: US Pulitzer/Hearst
1960s: US New Journalism – literary reportage – Hunter S Thompson
‘Interview’ magazine

Some critics believe the art of the interview is dying. This could be perhaps due to the rise of Twitter, stars have the ability to divert and, they have managers and PR. Stars have their own control – stars websites and blogs

It isn’t just about the interview itself but about how you approach people that don’t want to be interviewed – think about it

Never say no
Always prepare
Have a list of questions

Preparation – Google search, cuttings check, blogs/personal websites
If you are interviewing a celebrity – chat up the PR, read book/listen to DVD, watch film

Interview types:
Celeb press junket
Briefing
One to one
Q&A

With phone interviews, it is important to establish a rapport quickly, find out how much time you’ve got and get their number in case it cuts out or time

Questions:
Forward looking questions – the past is researchable
Ask open questions
Use how
Ask dumb questions for clarity – people like to feel clever
Mix of factual, pointed and humorous questions
Don’t ask long winded questions

Writing it up:
Killer first sentence
Killer last sentence
Wrap it up
Pay off line – very last

Classic questions:
How do you know that?
What makes you say that?
Can you give me an example?

Tell me a story from your childhood
If you were writing your epitaph, what would you say?

Colour is really important in an interview

Fashion to muddle interview with profile – Lynn Barber
Simon Hattenstone
Mrs Merton
Jeremy Paxman

*Terry Coleman – Margaret Thatcher guardian interview 1971*

Profile writing:
Obituary for a living person
Normally written anonymously
Can argue that it should be in biased but often not
Who they are what they’ve done not what they say
Set length

Be consistent, interview friends and enemies to get even profile
Should not be comment in what you’re saying
Profile in groups – a series of interviews

Copy proofing: papers and magazines have different rules. Some interviewees will request copy approval but sometimes you can just read back their quotes; misquoting is their biggest worry.