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Presenting:



Articles:
http://www.winol.co.uk/hereandnow/2013/02/pope-cv/

Following Pope Benedict’s surprise resignation, there has been much speculation on who will be the next pope. We have hacked the phone of the Pope’s assistant (well not really) and found an incredible applicant for this position:

To The Cardinals,

My name is Hannah Hayesmore and I recently noticed that there is an opening for a new pope to lead the Catholic Church. I think that I would be an ideal candidate. Though I am not a catholic, I believe I possess the qualities needed for the role. After much research (largely using Google and WikiHow) I have realised that, at least in theory, it is not specifically necessary to be a priest before becoming Pope so I thought it may be possible for you to overlook this slight inconvenience. Fortunately, I do have a half GCSE in Religious Education at a B grade level, which should give me sufficient knowledge to perform the necessary religious duties. I am fully aware that Popes are supposed to be male, but after even deeper research, I have discovered that there was a female Pope, Pope Joan, in 854AD who was a Pope for over 2 years, so my gender need not be an issue.

Of course, as a student I am currently unemployed and will not be able to work full time until I have finished my course. I have little experience specifically for this role, but have previously worked both as a customer assistant at a well-known, up-market chain-store and also as a teaching assistant at a private company. The disciplines I have gained from these places, as well as from the journalism course that I study, should stand me in great stead for the role. For one, my University course will help me to deal with the media. It has also proven how effective I can be even whilst learning on the job and that I am still able to learn new languages; whilst I’m sure Latin is a little different to Short hand, the principle is fairly similar (probably). Plus, I can already speak some French, Spanish and one of my colleagues is willing to help me with Italian and, as Latin based languages, how different can they be? My work as a teaching assistant has taught me the best way of spreading messages and teaching people and, finally, my work as a shop assistant has taught me the best ways of helping and serving people. All of these qualities would make me an ideal Pope.

As a rather unusual candidate for this particular role, I feel it is important for me to prove to you that I can bring considerably more to the job than the usual candidate. For a start, I am considerably younger than previous Popes so I will be able to stay in my role for longer and therefore sort out more issues within the church. It also means that I will be more open to new ideas and able to use new technology to do whatever jobs I will need to do.

Also, as a young female candidate, I can help to show the world that the Catholic Church is a progressive religion, relevant to modern life. Plus, I am great at smiling and waving and would look good in Pope clothing, as shown in this mocked-up photo:

Of course, unlike previous Popes, I have not been a member of the Hitler youth nor have I attempted to convince people to remain prejudiced towards women and homosexuals or told people not to use condoms even if it is only to prevent sexually transmitted diseases; hopefully this will not count against me.

I look forward to hearing from you soon.

Your sister in Christ,

Hannah Hayesmore

http://www.winol.co.uk/hereandnow/2013/12/winchester-really-christmas-capital-england-simply-christmas-capitalism/

Is Winchester really the ‘Christmas Capital’ of England?

Christmas in Winchester is about family, friends and fun says Hannah Hayesmore

To me, nothing says Christmas like the Winchester Christmas market and judging by the hustle and bustle all over the city centre at this time of year I am not the only one. What could be more festive than the smell of mulled wine, mixed spice and a hint of citrus fruit that wafts into your nostrils as you enter? Or the seemingly infinite lights that twinkle overhead and all around like stars as you walk in? Or even the copious food vendors, selling what feels like every type of Christmas cake, hot chocolate and sweets imaginable that tempt you as you wander around? Beyond that, there feels like a stall with a gift idea for every friend or relative, no matter how distant, which reminds you just how much you enjoy giving presents as well as receiving them, of your favourite festive films & how their beautiful bounty of presents under a perfectly decorated tree and, of course, you are hit by the nostalgia of previous Christmases as you witness the joy and wonderment on the faces of younger visitors. The whole experience is magical.
Beyond that, the city centre with its giant Christmas tree, beautiful decorations and regular market as well as extensive high street shops only serve to increase the Christmas spirit. With the air filled with buskers playing festive tunes, the scent of roasting chestnuts and a slight chill that just lifts your hope for a white Christmas this year so you can fully appreciate food and games around a warm fire with the family in the evening.
Nothing compares to Winchester at Christmas. Other markets, such as Winter Wonderland in Hyde Park, London, just lack that ‘je ne sais quoi’ and Christmas spirit that makes Winchester’s so great. Each stall seems individual and each product unique whilst others feel as though they have a void of originality, beauty and finesse. They feel repetitive and commercial which shouldn’t be what Christmas is about. It should be about family, friends and fun and that’s what Winchester at Christmas represents for me and why I think it is more than worthy of the title of Christmas Capital.

Magazine Journalism Module

Confessional interview: http://bit.ly/1nxljUO

Professional Interview: http://bit.ly/1iyk72k

Innovation Article:

Journalism has always strived to use innovations in technology to offer up new and interesting angles to its audience. From the invention of the printing press to the newsreels before the main feature in 1940s cinema right through to news sites mobile phone app of this digital age. But, arguably, the adoption of changing technologies is most apparent in the use of aviation to give viewers and readers a different perspective on the news, quite literally.

Aerial photography and filming have come a long way since French photographer Gaspard-Félix Tournachon took the first pictures from a hot air balloon over Paris. With humble beginnings such as cameras with an explosively charged timer on a kite, the development of aeroplanes, helicopters and digital cameras has led to easier, better and more frequent use of aerial work in mass media and now, with the advent of small drones that you can attach a camera to, it is possible that it become more so. Many hope that the advent of these smaller and less invasive devices will make for more interesting shots and pictures within journalism as well as the wider media.

At the moment though, there are a lot of different concerns and limitations with current drone technology. To start with, the battery life on many of these devices is around 15 minutes so you will need to have planned out your shots incredibly well to be able to complete your work before the battery ran out. You also cannot load them with much weight so long lenses and heavy cameras are out of the question. Unless, of course, you opt for something particularly high grade which may expand the battery life and weight you can carry to an extent but costs considerably more. But the real issue arises in the regulation and legislation surrounding the use not only of drone technology but also of using them for commercial filming and photography. To begin with, you cannot use drones for commercial purposes, either for financial or reputational gain, in the UK without a license from the Civil Aviation Authority (CAA). Even then, you cannot just fly it anywhere. You need to have permission from the owner of the take-off point, the drone cannot leave you line of sight and must be within the visual range of 400 feet vertically and a total distance of 500 metres from the operator. Plus, it must not be within 150 metres of congested events or assemblies of people and nor can it be within a range of 50 metres of buildings or people. The only exemption for this is if the person is ‘under the control of the operator’ meaning that they will likely need to be a fully briefed and consenting actor that the operator can direct.

There are also a lot of concerns from the public, largely revolving around privacy and safety. There have been reports of battery fires and the potential for collisions, injuries from blades and the possibility of them failing and falling are apprehensions for the public. Besides which, a large amount of people associate drone technology with its military use and therefore there are concerns with how data will be used and people’s privacy. Privacy concerns also arise in the way the drones are used in journalism, particularly in terms of photographing celebrities. The potential for them to be used by the paparazzi is huge and, even if fines are imposed for inappropriate use in such a manner, it could still be worth the risk as it is likely to be so lucrative that even then it creates enough of a profit to still be worthwhile.

But the other uses of the technology could still make it worth while to train up journalists on them, and many places already have including the BBC. Their potential to use in environmental stories, sports and wildlife & documentary filming as well as to report on protests, traffic incidents and to film in dangerous places, such as volcanoes, makes them incredibly appealing. The question, however, is if they’re more worthwhile and better quality than using a helicopter or an aeroplane.

Having gone up in a two-man aircraft to take photographs to both research and illustrate this issue. Whilst it allows you to stay up in the air for much longer periods of time, you don’t have the problems of the camera focusing on the plane’s interior or any problems with definition due to filming or taking photos through glass. Plus you cannot get motion sick from taking the pictures if you are on the ground! But the benefit of a plane or helicopter is that it can take up much more weight and therefore use multiple cameras and get several angles without doing multiple flights. They also have the benefit of having a pilot or professional that can show you points of interests as well as having better and easier communication with other airspace users in the area and therefore are less likely to get in the way. Drones are a lot less invasive though and can get closer to places and to harder to reach places. They also benefit from being easier to train to use and to pilot.

The regulation of drones, particularly those designed for commercial use, and the existing issues in technology make the current use of drones still a rarity. Whilst the issues of the weight the technology has the ability to carry and battery life continue in the technology, it will make it difficult to use for many news organisation as does the way the regulations block the commercial use of drones.

Notes:

Had some technical issues with filming as the SD on which I recorded the good quality sound corrupted so salvaged the audio as best I could. The software I have on my laptop at home wouldn't allow me to integrate text with the picture and save it as a picture file so had to print it off and scan it in, hence the poor quality on the photographs.

Possible/Practice Questions answered!

Possible Questions:

1. What is the highest court in the UK?　 Supreme Court

Where does it sit? Parliament Square



How many justices? 12

2. Three functions of Crown Courts?　

Appeals from magistrates



Indictable offences



Sentencing

3. Three functions of Magistrates courts?　

Summary cases



Bail application



Committal hearings



Family court



Youth Court



Licensing appeals

4. What is the difference between a civil and criminal offence?

Civil is between individuals and/or companies and criminal is against the state

5. Is the legal test of proof the same or different?

Different – Civil "On the balance of probability" and Criminal "Beyond reasonable doubt"

6. Give 3 sources of law in the UK.

Statute Law



Common Law



Judicial Law



EU Law

7. What do journalists mean by the public interest?
Either: knowledge of information is a sufficiently major benefit t society as a whole
Or:

Promotes accountability and transparency



Furthers understanding of/participation in public debate of issues of the day



Allows individuals/companies to better understand decisions made by public authorities affecting their lives



Brings to light information affecting public health and public safety

8. Briefly explain what is meant by ‘prejudice’ and ‘contempt’ in the context of media law.

Prejudice – where the publication of certain information will make it difficult for an accused person to be treated fairly
Contempt – where information published is in breach of the rules of crime or court reporting and carries a high risk of prejudicing legal proceedings; dealt with by Attorney General Dominic Greeve

9. When does a case become legally active?

When an arrest is made



An arrest warrant is issued



Someone is charged



A summons is issued by magistrates

10. After an arrest is made what sort of facts – in general terms – can be reported?　

Things which will not be disputed at a trial, e.g. that a crime happened and where

11. The accused appears before magistrates – in general terms – what can you report? List them…

Name, age, address and occupation of defendant



Charges



Name of court and judges



If bail is granted



If legal aid was granted



Names of barristers and solicitors present



Date and place case is adjourned to

12. What is meant by an ‘either-way offence?

An offence that can be tried either at magistrates or crown court, usually dependant on the seriousness of allegations as to which

13. What is maximum sentence magistrates can impose?

6 months

14. What is meant by a conditional discharge?

Defendant is not immediately charged unless they re-offend

15. What is the purpose of a ‘Section 49 order’?

Protects anonymity of under 18s in youth court

16. What is purpose of a Section 39 order?

Protects anonymity of under 18s in court

17. What do we mean by ‘jigsaw identification’?

When enough bits of information are published to be able to positively identify someone

18. One morning you arrive at court and barristers are making legal arguments about crucial evidence. You notice the jury isn’t there.　 Can you report the proceedings?

No as it this information could prejudice proceedings

19. What is required of your court report for it to attract absolute privilege?

For reports to be Fair, accurate and contemporaneous/fast

20. In this context explain what is meant by ‘fair’.

Balanced, i.e. not only reporting the defence r prosecution’s side

21. During a murder trial a family member shouts at the defendant from the public gallery. "You lying bastard – you killed our boy!"　 Is that safe to report?

No – can report that shouts were heard but not what is said.

22. How would you define libel?

Libel = Defamation + Identification + Publication

23. How do we know when a statement is defamatory?

It tends to:

Lower them in estimation in the minds of right thinking people



Damages their reputation/disparages their office/trade/business/profession



Exposes them to hatred, contempt or ridicule



Causes them to be shunned or avoided

24. What particular danger is there of libel for TV journalists?

Picture libel – where pictures of people are identifiable in ‘wallpaper’ when discussing a defamatory story, e.g. identifiable pictures of nurses when discussing negligence in hospital

25. What are the 3 major libel defences?

Honest Opinion/Fair Comment



Truth/Justification



Public Interest

26. Something re the McAlpine affair…

Newsnight and subsequent twitter discussions lead to jigsaw identification of Lord McAlpine in false child abuse allegations.

27. Why is the legal principle of privilege so important to journalists?

Protects journalists from potentially untrue or defamatory statements

28. Give examples of occasions when reports may attract Qualified Privilege with, and without, explanation and contradiction.

Public Meetings



Police Statements



Press Conferences



Council Meetings



Press Releases

29. Why was a public meeting in 2000 about the jailed paratrooper Lee Clegg so significant?

Lord Bingham ruled that in regards to a public meeting whereby the press have been invited with intention to addressing a large audience, then journalists will act as the eyes and ears of the public

30. What’s the purpose of copyright law?

Protect intellectual property

31. You use a photo off the internet.　 Is it free of copyright?　

Unlikely; if the image is from a commons site, such as WikiCommons, it is either in the public domain and therefore free to use or a Creative Commons photo which will at least need attribution to be used, as stated in the licence agreement. Photos cannot be used under fair dealing so copyright photos are not safe to use without written permission from copyright holder.

32. Why is the principle of fair dealing important and what are its limitations?

Fair dealing allows journalists to use small snippets of copyright material for the purpose of:

Reporting news/current events



Review/criticism



Parody and satire (as of sometime later this year)

33. What is the purpose of the law of confidence?

Protect private or confidential information

34. What are the danger areas for journalists?

Breach of Privacy (Section 8 Human Rights Act)



Commercial secrets



State Secrets (Official Secrets Act)

35. What dilemma does a journalist face when newsworthy information comes into his or her possession?

Either risk an injunction asking for a response to allegations or risk breaching confidence and potentially libel if allegations turn out to be false

36. What bodies are responsible for regulating the professional conduct of journalists?

OfCom – broadcast
PCC – press – soon to be taken over by IPSO
BBC Guidelines

37. Which body has most power and why?

OfCom as it has statutory power

38. Define impartiality.

Balanced stories without bias
Would there be any difference in your approach to this if you were working in newspapers or broadcasting?


Yes – broadcasters must be impartial but print can be skewed politically as per Editor and/or paper’s style

39. Why is accuracy and impartiality especially important at election times?

Coverage aids the democratic process and helps voters make choices

40. What are the danger areas for journalists during campaign reporting?

False statements about candidates



Maintaining Impartiality



Reporting opinion polls and exit polls

41. Must all candidates standing in a constituency be covered equally?

No – major parties must be treated equally but minor party and independent candidates do not need as much coverage

42. On polling day when can we start reporting exit polls?

Once all polls have closed

43. On polling day a candidate makes a final plea to voters – can we report this?

No

Possible/Practice Questions for Media Law exam

Possible Questions:

1. What is the highest court in the UK? 
1. Where does it sit?
2. How many justices?
2. Three functions of Crown Courts? 
3. Three functions of Magistrates courts? 
4. What is the difference between a civil and criminal offence?
5. Is the legal test of proof the same or different?
6. Give 3 sources of law in the UK.
7. What do journalists mean by the public interest?
8. Briefly explain what is meant by ‘prejudice’ and ‘contempt’ in the context of media law.
9. When does a case become legally active?
10. After an arrest is made what sort of facts – in general terms – can be reported? 
11. The accused appears before magistrates – in general terms – what can you report? List them…
12. What is meant by an ‘either-way offence?
13. What is maximum sentence magistrates can impose?
14. What is meant by a conditional discharge?
15. What is the purpose of a ‘Section 49 order’?
16. What is purpose of a Section 39 order?
17. What do we mean by ‘jigsaw identification’?
18. One morning you arrive at court and barristers are making legal arguments about crucial evidence. You notice the jury isn’t there.  Can you report the proceedings?
19. What is required of your court report for it to attract absolute privilege?
20. In this context explain what is meant by ‘fair’.
21. During a murder trial a family member shouts at the defendant from the public gallery. “You lying bastard – you killed our boy!”  Is that safe to report?
22. How would you define libel?
23. How do we know when a statement is defamatory?
24. What particular danger is there of libel for TV journalists?
25. What are the 3 major libel defences?
26. Something re the McAlpine affair…
27. Why is the legal principle of privilege so important to journalists?
28. Give examples of occasions when reports may attract Qualified Privilege with, and without, explanation and contradiction.
29. Why was a public meeting in 2000 about the jailed paratrooper Lee Clegg so significant?
30. What’s the purpose of copyright law?
31. You use a photo off the internet.  Is it free of copyright? 
32. Why is the principle of fair dealing important and what are its limitations?
33. What is the purpose of the law of confidence?
34. What are the danger areas for journalists?
35. What dilemma does a journalist face when newsworthy information comes into his or her possession?
36. What bodies are responsible for regulating the professional conduct of journalists?
37. Which body has most power and why?
38. Define impartiality.
1. Would there be any difference in your approach to this if you were working in newspapers or broadcasting?
39. Why is accuracy and impartiality especially important at election times?
40. What are the danger areas for journalists during campaign reporting?
41. Must all candidates standing in a constituency be covered equally?
42. On polling day when can we start reporting exit polls?
43. On polling day a candidate makes a final plea to voters – can we report this?

Answers available here

Freedom of Information and Data Protection

Data protection and confidentiality laws are designed to safeguard confidential information.
For journalists, there are 3 areas of concern:

• Revealing state secrets or 'official' secrets
• Revealing commercial secrets
• Revealing facts about a person they would have expected to remain private

Official Secrets Act protects state secrets (e.g. military or intelligence matters) and breaches are a criminal offence. However, the act is rarely used as juries can be reluctant to convict 'whistleblowers' or people who can be seen as 'victims' of the state.
Commercial confidentiality is normally protected by the contract of employment; staff won't do things detrimental to their employer's interests e.g. reveal financial information beneficial to competitors. However, this interest must always be balanced against the public interest which may dictate that it should be published.
Personal confidences or privacy are protected under Article 8 of the European Convention on Human Rights.
With newsworthy confidential information, journalists (and lawyers) must decide to either:

• Risk an injunction by seeking a response to the allegation

or

• Publish material and risk legal action for breach of confidence and possibly defamation if there is inaccuracy.

The Freedom of Information Act gives you the legal right of access to any piece of information held by most public authorities, unless there is a valid reason. The act covers around 130,000 bodies and around 100,000 requests are made every year costing in the region of £34 million however, only around 12% of these requests are made by journalists.
"Any person making a request for information to a public body is entitled... to have that information communicated to him."
However, access to information can be refused if:

• Costs come to more than £600 (£450 for smaller authorities)
• It is covered by absolute exemption (e.g. court records, security services) - they have no duty to confirm or deny that any information exists
• It is covered by qualified exemption and the balance of public favour does not favour disclosure (i.e. the public interest in maintaining the exemption outweighs the public interest in disclosing the information)

There are 23 types of qualified exemption including:

• Likely to jeopardise national security
• Likely to prejudice defence or international relations
• Intended for future publication
• Prejudices the economic interests of the UK
• Might prejudice law enforcement
• Communication with the Royal family

FOI requests should be made in writing, including email. The public authority must respond within 20 days which can go up to 40 days if they need to consider public interest.
If they deny access to information:

• Internal review
• Information Commissioner
• Information Tribunal
• High Court

Useful resources:

• FOI masterclass - http://www.youtube.com/watch?v=OPp_HEFJoHE
• List of authorities covered - http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/foi/yourRights/publicauthorities.htm
• Previous requests - https://www.whatdotheyknow.com/

Something is in the public interest if it:

• promotes accountability and transparency
• furthers the understanding of/participation in public debate of issues of the day
• allows individuals and companies to understand decisions made by public authorities affecting their lives
• brings to light information affecting public health and public safety

Reporting Elections

During elections, the requirement for broadcasters to be accurate and impartial is at it's most important as our coverage aids the democratic process and helps to allow voters to make a choice. As broadcasters are obliged to maintain strict impartiality, daily coverage and coverage over time must be assessed and logged to ensure that time given to each party is proportional to each party's performance in the previous election and the polls - major party candidates and minor party or fringe candidates do not have to be treated equally.


Whilst journalists do have some privilege n statements from candidates, it is important to check facts and balance all coverage over the election period. The Representation of the People Act 1983 makes it illegal to spread false statements about candidates, so it is important to check accusations made by candidates before reporting them.


When using information from polls in reports, journalists need to be aware that not all polls are equally reliable. They should ensure that they are aware of and talk about the margins of error and the geographic & demographic balance of the sample taken for the poll. 'Straw polls' by the journalist are a good way of adding colour and getting a sense of opinions in a particular area but are not scientific and must not be construed as such. Ensure you include the context and reliability of polls in your reports.


Danger areas for journalists:

• False statements about candidates
• Maintaining impartiality
• Reporting opinion polls and exit polls

NB: It is an offence to refer to exit polls until close of polling. Also, remember that you should not cover political issues or argument on polling day itself.

UK Legal Framework, Reporting Crime and Privilege

Legal Framework

Magistrates Court
(Deal with both civil and criminal matters)

• Summary cases
• Bail applications
• Committal hearings
• Family Court
• Youth Court
• Licensing appeals
• Maximum sentence of 6 months can be given
• Fines up to £5000

Crown Court
(E.g. Old Bailey, Winchester Crown Court, etc.)

• Indictable offences
• Appeals from magistrates
• Sentencing

Supreme Court - Parliament Square   
 

Standards of Proof

• Criminal case - against the state - "Beyond reasonable doubt"
• Civil case - between individuals/companies - "On the balance of probability"
  

Sources of Law

• Statute law
• Judicial law
• Common law
• EU law
  

Types of Offence

• Summary - Least serious offences (e.g. parking offences, etc.) and are only heard at Magistrates.
• Either Way - e.g. theft, burglary, assault, etc. can be heard at either Magistrates or Crown court, depending on seriousness of allegations.
• Indictable-only - Most serious offences (e.g. rape, murder, robbery, etc.) and are only heard at Crown court. They carry a sentence of 5 or more years.
  

Important People and Organisations

• Crown Prosecution Service (CPS)
• Director of Public Prosecutions - Alison Saunders
• Minister of Justice - Chris Grayling
• Attorney General - Dominic Greeve
  

Reporting Crime
Beware of:
Prejudice - where the publication of certain information will make it difficult for an accused person to be treated fairly at trial i.e the jury already knows background facts about the defendant
Contempt - where information is published in breach of the rules on crime or court reporting.  High risk of prejudicing legal proceedings.


A case becomes legally active when:

• Someone is arrested
• An arrest warrant has been issued
• A person has been charged
• A summons is issued by magistrates

Things to be aware of in court reporting:

• Whilst court proceedings are covered by absolute privilege, things said by those in the public gallery are not
• If the jury is not present, proceedings should not be reported
• Section 49 - grants anonymity to under 18s in Youth Court
• Section 39 - grants anonymity to under 18s in Court

7 reportable points at magistrates hearings:

• Name, age, address and occupation of defendant (needed for positive identification)
• The charges
• If bail is granted
• If legal aid was granted
• Names of Court and Magistrates
• Names of solicitors and barristers present
• Date and place to which case is adjourned

Privilege
Absolute privilege - protection on all matters from court or parliament
Qualified privilege - day to day protection against malice & potentially untrue statements in things such as police statements, press conferences, public meetings, press releases, council meetings, etc.
However, reporting must be fast (in first available edition of publication), accurate and fair (not bias) to maintain privilege.