Thursday, 7 November 2013

Legal and Regulatory Constraints


Handling of stories involving minors:

When reporting on stories involving minors Ofcom have set rules and regulations that have to be followed.The reason behind these rules is to prevent mental and physical development on minors. Here is an example of some of the main rules and regulations; 


Scheduling and Content Information: Material that may seriously impair the physical, mental or moral development of people under 18 must not be broadcast. Children must also be protected by appropriate scheduling from material that is unsuitable for them.


The Coverage of Sexual and Other Offences in the UK Involving Under 18's:  Broadcasters should be particularly careful not to provide any clues which may lead to the identification of those who are not yet an adult, also anyone involved as a victim, witness, defendant or any other perpetrator.


Offencive Language: Offencive language must not be broadcast before the watershed (TV - Before 21:00), or when children are particularly likely to be listening (Radio- 16:00 When school finishes). Offencive language must not be used in programmes made for younger children.


Here is a recent example of a report done involving minors:

http://www.telegraph.co.uk/news/uknews/crime/9253016/Rochdale-grooming-trial-Asian-grooming-gangs-the-uncomfortable-issue.html Throughout the story they do not mention the victims names or any personal information. Also no images are shown of the victims to ensure their identity is protected.


Contempt of Court:

Contempt of court is when someone is found to have interfered with the justice system. There are a number of ways that this offence can be committed and each one will effect the carrying out of justice. If someone is found guilty of contempt of court is it likely that they will be sentenced to time in prison depending on the seriousness of the offence. In the media industry it is possible to commit contempt of court by revealing the identity of someone protected by court. 

One example of Contempt of Court was In April 2002, When the Sunday Mirror was required to pay heavy costs for publishing an article that led to the collapse of a trial. It was one of the biggest contempt of court fines newspaper history:
http://www.theguardian.com/media/greenslade/2012/nov/29/contempt-of-court-newspapers

Libel and Defamation:

Defamation is saying or writing something about someone that is not true and damages their reputation. Libel is writing or recording something false and damaging about someone and is a form of defamation. 

Here is a recent example:
http://www.theguardian.com/media/2013/apr/16/lord-mcalpine-libel-sally-bercow Sarcastic statements made by Sally Bercow on the social networking site Twitter was what resulted in the court hearings.