Thursday 11 November 2010

Media Law - A cheeky introduction to the freedoms we enjoy and why we are so closely entwined with the law.

Us journalists are sometimes hated, sometimes judged, sometimes we're just regarded as right nosey old parkers. Its not that we're nosey, we just have a responsibility to inform, expose wrongdoing and let you 'the majority' know what is going on in YOUR democratic society. But we are restricted by laws just like everyone else and this little note is to let you good people (but also to help me in my upcoming exam) know what's what in our little corner of the law. Media law.
Even though critisised for what they do and bound by the same laws as an ordinary citizen, a journalist holds an important role in democratic society. Their importance was emphasised in the ruling that a press conference was in fact a public meeting. A ruling in which a statement was made by Lord Bingham pretty much saying that as a democracy the majority of society cannot directly participate in decisions that are made. They can only have their say indirectly in the form of voting, pressure groups, express their opinions etc. They can only do this if they have been informed about these decisions and actions first. How do they do this? Well in modern society you can know anything thats going on in Government simply by reading the paper, watching the news or at a click of a mouse (the internet). It was also said that if modern society was to work properly that the media, including the press, need to be 'free, active. professional and enquiring' if they are to be 'the eyes and ears' of the public.
The biggest freedom that journalists and every other resident of the UK can enjoy is the freedom of expression. This includes the right to freely communicate information and ideas. However, even this can be restricted by the law. Laws such as 'Contempt of Court act 1981" can prevent or prolong a report on a court case. Staturary restrictions on this freedom have progressed and there are many that can prove difficult for journalists to get around. But without a written constitution in the UK the freedom of expression has depended on two things - a jury trial and the rule against prior restraint.
A jury trial refers to several incidents in the past being brought to trial in front of 12 independently minded jurors where journalist's have been aquitted of flagrant disregards of the law. It has been argued that the freedom of expressions is merely the right to say or write anything that 12 ordinary people deem SHOULD be said. Whether factually in breach of the laws or not.


The most important factor that a journalist should be concerned about when looking at law... Always learn to recognise risk and then be able to seek advice before publishing!

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