Mcnae's Essential Law for Journalists

by Welsh, Tom; Greenwood, Walter; Banks, David

• ISBN13: 9780199284184
• ISBN10: 0199284180
• Edition: 18th
• Format: Paperback
• Copyright: 2005-10-20
• Publisher: Oxford University Press

Summary

An up-to-date text on media law for both practicing journalists and students, McNae's explains in a clear, engaging style the effects of the law and the Press Complaints Commission Code of Conduct on newsgathering and publication. Updated to include the effects of the Serious Organised Crime and Police Act 2005, the Freedom of Information Act 2000, the Courts Act 2003, and a brand new chapter on law for photographers, the 18th edition of McNae's is the definitive guide to developments in the law as they affect journalists.

Author Biography

Tom Welsh is editor of the MEDIA LAWYER newsletter, having previously worked at the News Chronicle and the Guardian before becoming Editor of the North Western Evening Mail. After gaining experience teaching journalism at Harlow College, he established the journalism courses at City University, London where he was Director of Journalism Studies, and later honorary visiting fellow Walter Greenwood is law consultant to Trinity Mirror Editorial Training, Newcastle upon Tyne, former editor (training) of Thomson Regional Newspapers, and Chairman of the Law Examinations Board, NCTJ David Banks is Head of Short Course Training for Trinity Mirror Editorial Training and the former night editor of the Daily Post. He also teaches law on the Trinity Mirror Group's foundation course in journalism

Table of Contents

Preface	xv
An 'avalanche' of legislation	xv
Other developments	xvi
Changes in McNae	xxii
Peter Carter-Ruck	xxiii
Acknowledgments	xxiii
1 Introduction	1	(11)
Journalists and the law	1	(1)
Freedom of speech	2	(4)
Sources of law	6	(3)
Divisions of the law	9	(1)
The legal profession	10	(2)
2 Starting proceedings: reporting the courts	12	(10)
Types of offences	12	(1)
Arrestable offences	13	(1)
'Helping the police with their inquiries'	14	(1)
Witnesses in private	15	(1)
Identification of witnesses	16	(2)
Intimidation of witnesses	18	(1)
Reporting derogatory assertions in pleas of mitigation	18	(1)
Privilege	19	(1)
Contempt of court	20	(2)
3 Crimes	22	(4)
Crimes against people	23	(1)
Crimes against property	24	(1)
Motoring crimes	25	(1)
4 Magistrates courts: summary hearings	26	(7)
Magistrates	26	(1)
Pre-trial hearing	27	(1)
Prosecutions	28	(1)
Sentences	29	(2)
Court lists	31	(1)
Court information and data protection	32	(1)
Appeals	32	(1)
5 Magistrates courts: preliminary hearings	33	(9)
Either-way offences	33	(3)
Sending for trial	36	(1)
Reporting restrictions at committal for trial and sending for trial	37	(3)
Notice of transfer	40	(1)
Section 70 committal	40	(1)
Restrictions on reports of applications for dismissal made at crown court	40	(2)
6 Juveniles in the news	42	(19)
Juveniles and the European Convention on Human Rights	42	(2)
Youth courts	44	(4)
Juveniles in adult courts	48	(3)
Anonymity before criminal proceedings start	51	(1)
Anonymity for witnesses and victims under 18	51	(1)
Anti-social behaviour orders against juveniles	52	(1)
Children in civil proceedings	53	(2)
Adoption of children	55	(1)
Wards of court	55	(2)
Other civil proceedings involving a child or young person	57	(1)
Injunctions continuing after 18	58	(1)
Guidance on injunctions	58	(3)
7 The crown court and the appeal courts	61	(12)
High Court judges	62	(1)
Circuit judges	62	(1)
Recorders	62	(1)
Rights of audience	63	(1)
Juries	63	(2)
Pre-trial hearings and preparatory hearings	65	(1)
Procedure at trials	66	(1)
Prosecution appeals – reporting restrictions	67	(1)
Defendants' addresses	68	(1)
Murder charges	68	(1)
Offences against children	69	(1)
Serious fraud charges	69	(1)
Appeals	70	(3)
8 Sexual offences and other statutory restrictions	73	(10)
Offences	73	(3)
Other statutory restrictions	76	(5)
Effect of contravening restrictions	81	(2)
9 Magistrates courts: civil functions	83	(3)
Family proceedings	83	(1)
Neglect to maintain	84	(1)
Child safety, anti-social behaviour and sex offender orders	85	(1)
10 The civil courts	86	(9)
Civil claims	87	(3)
Family proceedings	90	(1)
County courts	91	(1)
The High Court of Justice	92	(1)
Court of Appeal	93	(1)
House of Lords	93	(1)
European Court of Justice	94	(1)
European Court of Human Rights	94	(1)
11 Admission to the courts and access to court information	95	(21)
Powers to prevent or restrict reporting	96	(2)
Witnesses in private	98	(1)
Identification of witnesses	98	(2)
Hearings in private or in chambers	100	(1)
Civil Procedure Rules	100	(1)
High Court	101	(4)
County court	105	(2)
Bankruptcy	107	(1)
Evidence in private in criminal courts	107	(1)
Crown court	108	(1)
Magistrates courts	109	(3)
Addresses of defendants	112	(1)
Warrant for further detention	113	(1)
Youth courts	113	(1)
Family proceedings in magistrates courts	113	(1)
Divorce	113	(1)
Official Secrets Act	114	(1)
Inquests	114	(1)
Court information and data protection	114	(1)
Employment (formerly industrial) tribunals	114	(2)
12 Challenging the courts	116	(28)
European Convention on Human Rights	118	(1)
What the newspaper can do	119	(3)
Invalid orders	122	(17)
Asbos and the Human Rights Act	139	(1)
Sexual offences	140	(1)
Wards of court	141	(2)
Obstructive courts	143	(1)
Court information and data protection	143	(1)
13 Divorce	144	(3)
Decree nisi	144	(1)
Decree of nullity	145	(1)
Decree of judicial separation	145	(1)
Decree of presumption of death	145	(1)
The reporting restrictions	145	(2)
14 Bankruptcy and company liquidation	147	(5)
Bankruptcy	148	(1)
Reporting bankruptcy court	149	(1)
Effects of bankruptcy	150	(1)
Discharge from bankruptcy	150	(1)
Company liquidation	151	(1)
15 Inquests	152	(6)
Contempt of coroner's court	155	(1)
Judicial review	155	(1)
Reform	155	(1)
Treasure trove	156	(2)
16 Tribunals and inquiries	158	(11)
Tribunals	158	(9)
Local inquiries	167	(2)
17 Contempt of court	169	(27)
Human Rights Act	170	(1)
The 1981 Act	171	(20)
Pictures	191	(1)
Contempt at common law	192	(1)
Appeals	193	(1)
Reports of hearings in private	194	(1)
Scandalising the court	195	(1)
18 Defamation	196	(17)
Dangers of defamation	196	(5)
What is defamatory?	201	(7)
Product testing	208	(3)
Who can sue?	211	(2)
19 What the claimant must prove	213	(11)
Identification	215	(3)
Publication	218	(6)
20 How much protection?	224	(38)
Justification	225	(9)
Fair comment	234	(4)
Privilege	238	(19)
Accord and satisfaction	257	(3)
Offer of amends	260	(1)
Other defences	261	(1)
21 Criminal libel, slander, and malicious falsehoods	262	(9)
Criminal defamatory libel	262	(3)
Blasphemy, sedition, and obscenity	265	(2)
Slander	267	(1)
Malicious falsehoods	268	(3)
22 Rehabilitation of Offenders Act	271	(4)
Rehabilitation periods	273	(2)
23 Breach of confidence	275	(20)
Protecting 'public secrets'	276	(5)
The journalist's dilemma	281	(1)
How the media are affected	282	(6)
Elements of a breach	288	(3)
Disclosure in the public interest	291	(4)
24 The journalist's sources	295	(23)
'Where did you get that story?'	295	(3)
Search powers	298	(2)
Sources and the Human Rights Act	300	(2)
Contempt of court	302	(3)
Statutes giving disclosure powers	305	(8)
Anti-terrorism legislation	313	(3)
Subpoenas and witness summonses	316	(1)
Whistleblowers	317	(1)
25 Race relations	318	(3)
Religious hatred	319	(2)
26 Election law	321	(3)
27 Freedom of information	324	(30)
Central government	326	(1)
The Freedom of Information Act 2000	327	(9)
Environmental information	336	(1)
Local government	336	(12)
Health authorities and NHS Trusts	348	(2)
Police authorities	350	(1)
Magistrates courts committees	350	(1)
Schools	351	(1)
Quangos	351	(2)
Websites for further information	353	(1)
28 Copyright	354	(12)
What is protected	354	(2)
Copyright in maps and drawings	356	(1)
Copyright in speeches	356	(2)
Who owns the copyright	358	(1)
Fair dealing	359	(2)
Public interest defence	361	(1)
Copyright in newspapers	362	(1)
Length of copyright	363	(1)
European Convention on Human Rights	363	(1)
Moral rights	364	(1)
Remedies for breach of copyright	364	(1)
Innocent infringement	365	(1)
Acquiescence	365	(1)
29 Official secrets	366	(4)
30 Human Rights Act 1998	370	(11)
The European Convention	371	(1)
Impact on media law	372	(4)
Protection against injunctions	376	(1)
UK cases before and after incorporation	377	(4)
31 The codes	381	(8)
Editorial Code of Practice (PCC)	383	(6)
32 Privacy	389	(25)
Article 8 of the Convention	391	(1)
'Any relevant privacy code'	392	(1)
Laws providing protection	393	(12)
What the codes say on privacy	405	(9)
33 Data Protection Act 1998	414	(18)
The data protection principles	417	(1)
'Fairly and lawfully'	418	(1)
Sensitive personal data	419	(1)
Data protection and the Human Rights Act	420	(1)
Notification	421	(1)
The courts	422	(1)
The police	423	(3)
Schools	426	(1)
Rights of data 'subjects'	427	(1)
Protection from gagging orders	428	(1)
Exemption for journalistic work	429	(1)
Enforcement	430	(2)
34 The broadcast journalist	432	(9)
Libel	433	(2)
Contempt of court	435	(2)
Copyright in broadcasting	437	(1)
Privacy	438	(1)
Covering election campaigns	438	(2)
Obscenity and racial hatred	440	(1)
35 The photographer and the law	441	(9)
The courts	441	(2)
Crime	443	(1)
Police evidence	444	(1)
Risk of arrest	444	(1)
False imprisonment	445	(1)
Children	446	(1)
Libel	446	(1)
Trespass	447	(1)
Privacy	448	(1)
Harassment	448	(2)
36 Northern Ireland	450	(21)
Defamation	450	(1)
Contempt of court	451	(1)
Reporting restrictions	452	(5)
Table of Cases	457	(6)
Table of Statutes	463	(4)
Table of Statutory Instruments	467	(2)
Table of European Conventions, Directives and Treaties	469	(2)
Glossary	471	(6)
Book list	477	(2)
Index	479