Assignment 2- Understanding the Media Law

Assignment 2- Understanding the Media Law 

This report will explain the areas of media law. These areas are defamation, contempt of court and reporting restrictions  

Defamation is an important area of media law because it can affect anyone and anyone can sue. There are two versions of defamation. Libel is the written version of defamation and Slander is the spoken version. Radio is always classed as Libel. Defamation is when a persons reputation is damaged in the eyes of others by a false statement. The victim can and will sue and claim damages. There are some grey areas in defamation. Fair comments and opinions that are not intended to be malicious cannot be classed as libel or sander. For example by saying 'I hate Justin Biebers music' - you cannot be sued. Defamation cases have halved in the last five years. Any one can claim after defamation. An example of this is T. Boone Pickens, 85, accuses his own son Michael Pickens, 58, of defamation, invasion of privacy, libel, harmful access by computer and extortion. T. Boone Pickens is a dallas oil billionaire. 

Contempt of court is an important area of media law because it exists to protect the running of the court. It contains something called 'strict liability rule' which prevents any publication from affecting the decisions of the court. There are two types of law in this country; common law is law set by precedent- decisions on previous cases and statute law is a written law which is decided by legislation. Severity is dependant on a number of factors. The longer between the time of the story being published and the jury retiring to reach its verdict, the less chance there is of the story being in contempt. 

Reporting restrictions is an important area in media law because it is set out to protect identity. Reporting restrictions is when the people involved are protected under the law and cannot be named in reports. Protection is legal to children, victims of sexual offences and prelim hearings in magistrates court. Revealing these peoples identities could be dangerous to the victims. Children's identities are protected automatically in youth courts but not so in adult courts. The media are not allowed to report without being limited by these restrictions, legally. 

Reporting Restrictions- James Bulger

The James Bulger Case

In 1993, two-year-old James Bulger was abducted and tortured by two ten year old boys. 

Throughout the murder trial, the two boys, were referred to as 'Boy A and Boy B'. Their identities were protected. 

Jon Venables and Robert Thompson

Goldilocks Case Study

We have looked at the major areas of law; now see if you can spot them in this well-known story.

You are about to publish this story as a crime story, but first you must read through then list the potential legal implications of reporting this. The source is: unknown eye witness.

Once upon a time, there was a little girl named Goldilocks.  She went for a walk in the forest.  Pretty soon, she came upon a house.  She knocked and, when no one answered, she walked right in.

At the table in the kitchen, there were three bowls of porridge. Goldilocks was hungry.  She tasted the porridge from the first bowl.

"This porridge is too hot!" she exclaimed.

So, she tasted the porridge from the second bowl.

"This porridge is too cold," she said

So, she tasted the last bowl of porridge.

"Ahhh, this porridge is just right," she said happily and she ate it all up.

After she'd eaten the three bears' breakfasts she decided she was feeling a little tired.  So, she walked into the living room where she saw three chairs.  Goldilocks sat in the first chair to rest her feet. 

"This chair is too big!" she exclaimed.

So she sat in the second chair.

"This chair is too big, too!"  she whined.

So she tried the last and smallest chair.

"Ahhh, this chair is just right," she sighed.  But just as she settled down into the chair to rest, it broke into pieces!

Goldilocks was very tired by this time, so she went upstairs to the bedroom.  She lay down in the first bed, but it was too hard.  Then she lay in the second bed, but it was too soft.  Then she lay down in the third bed and it was just right.  Goldilocks fell asleep.

As she was sleeping, the three bears came home.

"Someone's been eating my porridge," growled the Papa bear.

"Someone's been eating my porridge," said the Mama bear.

"Someone's been eating my porridge and they ate it all up!" cried the Baby bear.

"Someone's been sitting in my chair," growled the Papa bear.

"Someone's been sitting in my chair," said the Mama bear.

"Someone's been sitting in my chair and they've broken it all to pieces," cried the Baby bear.

They decided to look around some more and when they got upstairs to the bedroom, Papa bear growled, "Someone's been sleeping in my bed,"

"Someone's been sleeping in my bed, too" said the Mama bear

"Someone's been sleeping in my bed and she's still there!" exclaimed Baby bear.

Just then, Goldilocks woke up and saw the three bears.  She screamed, "Help!"  And she jumped up and ran out of the room.  Goldilocks ran down the stairs, opened the door, and ran away into the forest.  And she never returned to the home of the three bears.

Area of law at risk of breaking	Reasons why / punishment or defence

Crimes reporting can do :

Defamation:

• She can sue you for liable or anyone else with the same name. (give a specific detail age etc)
• Check with police before publishing
• Accusing of a crime with no proof. 

Contempt:

• Proceedings are active if a warrant for her arrest has issued - you must check this.
• She appears to have committed several crimes and is on the run.
• Check age as if she is under ten she cannot be charged with a criminal offence
• Punishment - up to 2 years

Child Anonymity:

• If she is under 16 she cannot be named (neither can baby bear)
• She can only be named if she is on the run

Sexual Offences:

• She slept in baby bears bed which means there may be offences under the SOA
• So baby bear gets life long anonymity. The parents cannot be named as it could lead to the parents finding out

Child protection:

• She may be vulnerable and subject to care order or may even ward of court. Check with social services. 

Conclusion:

• No names of any bears, nor addresses, nor goldilocks name or ID details or allegations of what she did. (This is based on eye witness account, if it was police it would be different). 

Contempt Of Court

Contempt of court is anything that interrupts the proceeding of court duties. 



Human Rights
Privacy
Fair trial
Freedom of speech
Equality
Marriage and family
Freedom of belief
Right to opinion 
Social security
Right to rest and leisure
Right to education
Social Order
Community duties
Innocent until proven guilty 

Which are associated with Contempt of Court?

1. Innocent until proven guilty
2. Right to a fair trial
3. Equality before the law
4. Right to recognition as a person before the law

Media Law- Defamation

Defamation is a statement that tends to damage the reputation of a person in the eyes of right thinking individuals.
There are two forms of defamation:

• Libel
• Slander

Libel 

Slander

Fair comment is a form of defence where you can protect yourself from being sued. It is where the comment made is an opinion. 

Privilege 

Public Interest

The defences to defamation are: 

1.    
2.    
3.     
4.     
5.     
6.