Matters of Law

The law can be something of a minefield, even for the experienced journalist. For the untrained newcomer it can be a nightmare. For those in between, a very sketchy knowledge can be the most dangerous of all.

A detailed examination of all the laws which affect journalists is obviously not within the scope of this book–specialist publications exist to meet that need. But an idea of the complexity of legal matters and the risks journalists run can be seen from an outline of the most relevant laws affecting British journalists.

Defamation

The law of defamation exists to protect the reputation of every individual from unjustified attack. It has two branches–slander, which broadly covers the spoken word, and libel, which broadly covers anything written or in other permanent form. A defamatory statement made in a television or radio broadcast would be classed as libel. The judge in such cases has to rule whether the words complained of are capable of having a defamatory meaning: it is up to the jury to decide whether they were defamatory.

Contempt of court

This covers reporting the progress of crime and the protection it affords the accused. Its aim is to ensure that every trial is conducted fairly and without prejudice, based on the assumption of innocence until guilt is proved. From the moment a case becomes ‘active’, journalists are limited in what they can report, and there are additional restrictions when cases involve juveniles, rape, and some other categories of crime.

Copyright and Official Secrets

Copyright exists to protect an author for his work. (‘Authors’ are artists, architects, composers, etc., as well as writers.) The Copyright, Designs and Patents Act 1988 also establishes the concept of ‘moral rights’. Revisions to the Official Secrets Acts, the principal one of which was passed in 1911, were given the Royal Assent in 1989. The aim was to simplify the law, but the changes also did away with the ‘public interest’ defence to the controversial Section 2.

Other laws

Other laws affecting the work of journalists include confidentiality, which applies to the passing on of confidential information; the Race Relations Act; the Data Protection Act, which deals with computer data; and the Representation of the People Act, which lays down restrictions on the coverage of elections.