Flashcards
Media Law Phased Test Revision Cards
Flashcards do conjunto (55)
- 1What is article 6 of the 1998 European Human Rights Act?The right to a fair trial
- 2What is article 8 of the 1998 European Human Rights Act?The right to privacy - private life, family life and respect for the home
- 3What is article 10 of the 1998 European Human Rights Act?The right to freedom of expression
- 4What does IPSO stand for?Independent Press Standards Organisation
- 5What is clause 3 of IPSO's code of practice and what does it state?Privacy - everyone is entitled to respect for their private life,
not acceptable to photograph individuals in private places without their consent
ambiguity on what is defined as a public place - 6What is clause 4 of IPSO's code of practice and what does it state?Harassment - Journalists must not engage in intimidation, harassment or 'persistent pursuit' eg. -persistent photographing, questioning or pursuing individuals once asked to stop
- 7What is clause 8 of IPSO's code of practice and what does it state?Hospitals - Journalists must identify themselves and obtain permission from a responsible executive to pursue enquiries
- 8Give me a case study of clause 8?Gordon Kaye v Sport Newspaper 1990
- 9What is clause 10 of IPSO's code of practice and what does it state?Subterfuge - 'can generally be justified only in the public interest and then only when the material cannot be obtained by any other means'
- 10A case study of subterfuge?Sunday Mirror 28th September 2014, journalist posed as a young woman and Brooks Newmark sent 'explicit photos' to woman. Resigning at general election
- 11What is clause 12 of IPSO's code of practice and what does it state?Discrimination - press must avoid prejudicial reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability. - Avoid unless relevant to the story
- 12A case study of clause 12?Sun and Frank Bruno 'Bonkers Bruno'
- 13Definition of libel?a published false statement that is damaging to a person's reputation; a written defamation.
- 14Ultra Vires means?Beyond their powers
- 15What does section 49 of the Children and Young Persons Act 1933 do?Automatic ban on name, address, image and other information. on 18th birthday ban is lifted
- 16What does the Sexual Offences Act 2003 do?Put a lifetime anonymity ban on defendant, covers name, address, image and any other info that leads to jigsaw identification
- 17What does the IPSO code of practice clause 11 state:Victims of sexual assault - Press must not identify victims of sexual assault unless adequate justification to do so
- 18When can the anonymity ban from the Sexual Offences Act 2003 be lifted?After death, judge can lift if it restricts reporting of a trial, defence applies to generate publicity aimed at bringing witnesses forward.
- 19The victim can give consent to lift anonymity but:It must be written, they must be over 16 and it is proved they have not been 'interfered unreasonably with their peace and comfort'
- 20What is defamation?The publication of material that has caused serious harm to someone's reputation
- 21According to the Defamation Act 2013, a claimant has to prove that:The material is defamatory, it has been reasonably understood to refer to them, it has been published
- 22It classed as defamatory material when:It EXPOSES an individual to hatred, ridicule or contempt, CAUSES an individual to be shunned, LOWERS an individual in the estimation of people, DISPARAGES an individual in their business
- 23S41 of Criminal Justice Act 1925 makes it illegal to:Take any photo, any sketch of any person in any court, its building or its precincts
- 24Precincts of court are not:Defined meaning there is not clarity on the issue and different courts have different interpretations
- 25Section 9 of the Contempt of Court Act 1981 makes it:Illegal to use any audio recorder in court unless given permission by court, contempt to broadcast any recording to the public, if allowed unauthorised use is contempt
- 26Sketching in court is:Not allowed, has to draw from artist's memory
- 27Contempt of Court Act Section 3 - defenceDefence against the strict liability rule if person responsible for publication has taken all reasonable care and didn't know relevant proceedings were active when published
- 28Contempt of Court Act 1981 Section 5not be treated as contempt of court under the strict liability rule if contempt to particular legal proceedings is merely incidental.
- 29Copyright Act 1988 statesCopyright is owned by the creator of the work, unless you are employed or the work has been commissioned by an employer
- 30Copyright is a form of intellectual property that can be...bought, sold and transferred by licence, gift, sale or bequest
- 31Under 1988 Act protection is given to creators ofliterary, artistic, photographic, musical work, computer software, films and video
- 32There is no copyright inNews itself or ideas
- 33Copyright exists as soon as..a piece of work is created and does not need to be registered
- 34Copyright usually lasts ____ years from the end of the year of the creator’s death70, 70 for films from the end of year of death of the writer/director etc
50 for sound recordings, 50 years for broadcasts, from the end of the calendar year it was made - 35Copyright can beInherited from next of kin
- 36Coroners hold inquests toInquire into violent, unnatural or sudden deaths
- 37Inquests that require a jury and are also held into deathsCustody, police stations, unusual circumstances involving public interests
- 38Coroner's Rules 1984 state an inquest is held to find out:Who the deceased was, how, when and where he/she died and the verdict
- 39Coroners also hold inquests intoDiscovery of treasure
- 40Treasure Act 1996 state any object found in the ground that is:Over 300 years old, at least 10% gold or silver
- 41Treasure must be reported to the coroner within14 days
- 42Magistrates Court Act 1980, Section 21 states all hearing must be heard in open court exceptWhen court hears indecent evidence involving under 18s or sexual history of a rape victim
- 43IPSO editor's code clause 1 isThe press, whilst free to be partisan, must distinguish clearly between communication, conjecture and fact
- 44Protection of sourcesis a key principle among journalists
- 45IPSO Code of Practice states:Journalists have a moral obligation to protect confidential sources of information
- 46Contempt of Court Act Section 10 states judges can only insist reveal of sources when:It is necessary in the interests of justice, national security, for the prevention of disorder or crime
- 47Disclosure of a journalist's sources to police is incompatible withECHR Article 10 unless it is justified by an overwhelming requirement in the public interest
- 48Case study of protection of sourcesSuzanne Breen 2009 - Victory at Belfast High Court
- 49What were the circumstances of the case study?Journalist at Dublin Sunday Tribune ordered to hand over names of real IRA
IRA threatened her life and her family's life
Won case against police citing ECHR Article 2, 'the right to life' - 50What is absolute privilege?The defence of absolute privilege is where you are protected from being sued from defamation.
- 51What is qualified privilege?Qualified privilege can be used to reveal facts of information for the public interest which is available as a defence.
- 52What is malicious falsehood?a false statement made maliciously that causes damage to the claimant.
- 53To be successful in claiming malicious falsehood, what do you have to prove?The statement is untrue and it was published maliciously
- 54Section 11 of the Contempt of Court Act 1981 states:A court can ban the media from reporting a person's name, or other information in coverage of a case
- 55When is a Section 11 order typically used?To protect the identity of victims of blackmail, to protect a person from risk of harm, to protect national security
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