Friday, 12 December 2014

Regulating the Press

The ethical nature behind today's media has been subject to copious amounts of distrust, scrutiny and negativity recently. With so many organisations in place to ensure that the standards of the press are up to scratch, what rules do each of them encompass?

Ofcom

Image courtesy of Ofcom Wikipedia

Ofcom is most probably one of the more well-known organisations that lay people have heard of, but it is clear that not everyone is aware of what it stands for and what it aims to accomplish. Ofcom is the communications regulator in the UK. Their focus is to regulate TV and radio sectors, fixed line telecoms (broadband services), mobiles, postal services and airwaves which wireless services operate over.

Ofcom operates and must act within Acts of Parliament, such as the Communications Act 2003 as these are the set powers and duties given by Parliament through legislation. The Communications Act states that Ofcom's principal duty is to further the interests of citizens and consumers, but their aim is also to do so whilst ensuring that competition strives. It appears that Ofcom have the burden of balancing the protection of consumers from scams, whilst promoting economic growth through company competition.

Press Complaints Commission/Independent Press Standards Organisation

Image courtesy of Press Complaints Commission Wikipedia

The PCC was (and still is, despite being replaced by IPSO) an independent body which administers the system of self-regulation for the press. It was comprised of 17 members, the majority of which are lay members, with no connection to the newspaper and magazine industry (their attempt at being 'independent'?) and the remaining 7 are Commissioners serving as editors.

The PCC enforced the Editors' Code of Practice and dealt with issues of accuracy and privacy in reporting. They acted to maintain standards of the press through dealing with complaints in an apparently efficient and free of charge manner to promote how journalists should behave in gathering news.

Here are some of the areas in which the PCC and IPSO act within:
- Negotiating remedial action and amicable settlement for complainants;
- Issuing rulings on complaints;
- Instigating its own investigators under the Code in the public interest where appropriate;
- Conduct training seminars for working journalists and editors.

Standards that fall outside of the remit of the Commission (which appear to be merely subjective and relative):
- Question of taste and offence;
- Tone of coverage;
- Newsworthiness of stories;
- Quality of writing.

They claim to encourage complainants, because the more people who use the system, the more editors will be held accountable for their decisions. However, it is interesting that the PCC said this prior to the phone hacking scandals that occurred not too long ago, leading to the upheaval of the Leveson Inquiry. Where the perpetrators and journalists held accountable here?

National Union of Journalists

Image courtesy of National Union of Journalists Wikipedia

The NUJ acts as a voice for journalism/journalists across the UK and represents a broad range of media professionals - from freelances and magazine journalists to online book publishing and photographers. It was formed in 1907 and now has more than 30,000 members.

Despite encompassing and promoting their Code of Conduct, I disagree that at least most of these principles have not been upheld in reality.

1. The Union is to defend press freedom when it comes under threat (this is done so clearly, publicly and so very often);

2. The Union must strive to ensure that information is disseminated and honestly conveyed in an accurate and fair manner (questionable...);

3. Journalists must do their utmost to correct harmful inaccuracies and differentiate between fact and opinion;

4. Journalists should obtain material by honest, straightforward and open means, with the exception of investigations that are both overwhelmingly in the public interest and which involve evidence that cannot be obtained by straightforward means;

5. Journalists should do nothing to intrude into anybody's private life, grief or distress unless justified by overriding consideration of the public interest (I doubt invading Milly Dowler's, or her family's privacy was in the public interest - there is also so much debate over what public interest actually is);

6. Journalists must protect the identity of sources who supply information in confidence;

7. Journalists must resist threats or any other inducements to influence, distort or suppress information and takes no unfair personal advantage of information gained in the course of his or her duties before the information is public knowledge (breach of this is why there is no longer trust in the media);

8. They must produce no material likely to lead to hatred or discrimination on the grounds of age, gender, race, colour, creed, legal status, disability, marital status, or sexual orientation. 

9. They must not by way of statement, voice or appearance endorse by advertisement any commercial product or service save or the promotion of his or her own work;

10. A journalist shall normally seek the consent of an appropriate adult when interviewing or photographing a child for a story about his or her welfare (interesting use of the word 'normally');

11. Avoid plagiarism.

Of course, there are journalists and members of the media sector who stay true to the code of conduct that they believe in, however, there the typical and unfortunate fact is that those who disobeyed the rules got caught and ruined the reputation for everybody else. Will the media ever pick up its reputation and uphold it in a positive light? Who knows, because we do not know what happens behind closed doors. Why didn't these organisations do more to fulfil their aims? Some people ask, what more could they do really, providing that the complaints procedures and code of conduct were in place to be complied with? With the freedom of expression so evident in today's society, how can we really find a balance or space for the right to privacy and vice versa? It seems as though we live in a hindsight driven society, whereby organisations are continuously made to work in theory to prevent things from happening the 'next time' or 'again', yet they do not actually work practically.

"NUJ believes a journalist has the right to refuse an assignment or be identified as the author of editorial that would break the letter or spirit of the NUJ code of conduct." - National Union of Journalists


Thursday, 4 December 2014

Reporting Restrictions - The Loathe Local Governments Have For Filming

That's right, another Obiter Media Law podcast from myself and my friends at Blah Blah Media Law and Overseas In My Briefs!



This week our podcast overlapped with the previous one on children and sexual offences reporting restrictions - this time we focused on contempt of court and reporting on local governments, eg. local councils.

Do you think that your local council should be held accountable for the decisions that they make? Do you want to attend a meeting and have documentary evidence of what they have said? Well, as the law currently stands, you should be well within your rights to attend and film them in the process of making decisions for your borough. What is contempt of court and what are the restrictions placed under this area of law? Listen to find out!

Here is the video regarding Huntingdonshire District Council, which we refer to in the podcast. They do not seem happy about the filming at all, do they? How would your local government react?



"We have got to make sure that there is proper independent scrutiny and accountability..." - Nick Clegg

Monday, 1 December 2014

Children & Sexual Offences: The Restrictions Placed On The Press

This week, my friends at Blah Blah Media Law and Overseas In My Briefs and I recorded another legal podcast. This time the topic concerns reporting restrictions on the press in relation to children and victims of sexual offences.



Do you want to know about the restrictions placed on journalists when they report on cases involving children, or sexual offences, such as rape? Do young witnesses of crimes receive any protection? What kind of protection do people receive, is it just anonymity? How much do you know about the offence of contempt of court? Listen to our Obiter Media Law podcast to find out more on these questions!


"A person's a person, no matter how small." - Dr. Seuss