Monday, 24 March 2014

Libel and Defamation

Defamation + Identification + Publication = Libel


Something is defamatory if it tends to:
  • Lower someone in estimation in the minds of right thinking people
  • Damages someone's reputation/disparages them in their business/profession/trade/employment
  • Causes them to be shunned or avoided
  • Exposes them to hatred, contempt or ridicule
Defences:
  • Truth/justification (with 'proof')
  • Honest opinion/fair comment (based on facts true at the time of publishing)
  • Public interest (knowledge of event is sufficiently major benefit to society as a whole)
  • Privilege
However, something cannot be defended if it is written with malice.


As Libel is a civil matter, there is a lower standard of proof - "On the balance of probability"
However the new Defamation Act 2013 means that those claiming to have been libelled must prove that the publication has caused them "serious harm."


Picture Libel: where pictures published alongside a statement or allegation appear to suggest that identifiable people in the shot are involved or responsible (e.g. shots of city workers when discussing insider trading, etc.)


Jigsaw identification can also lead to libel e.g. Lord McAlpine vs. BBC - whilst not identified outright, the information given in various publications lead to him being identifiable as an alleged child abuser on Newsnight; this libellous rumour spread on twitter and caused serious harm.

Sunday, 23 March 2014

Codes of Practice and Ethics

Journalists are governed by regulatory bodies, as well as by the law, in an effort to "guard the guardians." The codes and guides cover journalistic behaviour in getting a story and denote what is and isn't justified:
  • How far can we go to get a story?
  • What practices are legitimate?
  • When do circumstances make a difference?
The codes help to guide journalists with what is in the public interest and what is legal and ethical. Ethical behaviour is important as it protects the trust between readers/viewers/listeners and not only the journalist but the organisation they work for and the media in general. This is important as without trust, the publication cannot succeed e.g. after the News of the World phone hacking scandal, so much trust was lost in the paper that it was not worth continuing running the paper, hence its closure.


Different Regulatory Bodies


Press Complaints Commission (PCC) - newspapers and magazines - whilst this is still in operation at the moment, the PCC is to be superseded by a new organisation following the phone hacking scandal and Leveson inquiry.
Independent Press Standards Organisation (IPSO) - newspapers and magazines - similar to the PCC, IPSO is a voluntary organisation that is independent of both government and the press and is set to take over from the PCC.
The Royal Charter - newspapers and magazines - statutory regulation of the press; condemned by some as having the potential to impact upon the freedom of the press.
BBC Editorial Guidelines - BBC - self-regulatory body governing the BBC.
Office of Communications (OFCOM) - Broadcasters - Independent licencing body with statutory powers. Does have powers over the BBC but usually complaints are handled internally (see above).
National Union of Journalists (NUJ) Code of Conduct - union


Examples of key areas covered:
  • Requirements for Accuracy & Impartiality*
  • Ethical Behaviour
  • Fair Treatment
  • Protection of vulnerable groups
OFCOM Powers


Include:
  • Direction not to repeat programme
  • Corrections or findings must be broadcast
  • Impose fines - up to 5% revenue
  • Revoke Broadcast Licence


Impartiality


Whilst impartiality is a requirement for broadcast, it is not a prerequisite within print. Broadcast news needs to be absent of bias and preconception and should consider the various "axes of debate".


Examples of Unethical Behaviour


Sachsgate - BBC Trust suspended Jonathan Ross for 12 weeks and set up a register for "high-risk" programmes.
Ant & Dec phone in - fined £5.6 m for abusing phone-in votes to make money.
McAlpine affair - The BBC apologised and paid McAlpine £185,000 in damages plus costs which he donated to charity.

Tuesday, 18 March 2014

Copyright and Fair Dealing

Why is Copyright important in Journalism?
Copyright laws protect people's intellectual property. This is important in two different ways in journalism. The first is that it means our work is protected from what essentially amounts to theft. Secondly, it means we have to be careful about how and when we use other people's work within our own.


Fair Dealing
The second point sounds problematic, however 'Fair Dealing' exemptions allow us to use other people's work under certain circumstances:
  • To report current events - you can lift important parts/major themes, etc of stories & quotes from rivals but it must be attributed, in the public interest and follow fair dealing rules.
  • For the purpose of review
  • To parody* a piece of work
To use other people's work under one of the exemptions, you must give attribution (credit) to the copy right holder, use no more than a 30 seconds of clips (as an absolute maximum) from each work and, in certain circumstances, the piece is removed after a certain amount of time (e.g. once it is out of the news). Stills, however, cannot be used under 'Fair Dealing' so to use these you must get permission from the copyright holder or find a photo with a creative commons licence to use instead.

In the features section of WINOL, fair dealing is an important part of our work. In one of our recent articles "Top 5 Greatest Love Songs" by Joe Rutterford we used the 'review' exemption within fair dealing to use clips from songs. This meant we had to be careful with the length of the clips and the way they were used; as we are using it for the purpose of review, we must add relevant description and comment over the top of the clips and ensure that each is no longer than about 25 seconds. Some of the clips run a little longer than this and there are some gaps in the commentary in which the music swells which could be potentially risky. Another issue found was finding images to go in the video. The original images used were not all under a creative commons licence and none were credited properly which meant it was in breech of copyright law. By searching creative commons websites and attributing over the top of the pictures, we removed this issue.

Another example of copyright concerns is "My Valentine's Lipstick" by Maria Almeida. When Maria pitched her idea, she expressed concerns that by doing something similar to someone else's work we were breaking copyright law. However, copyright protects people's work, not their ideas meaning we could do something very similar but not just take their work. We then had to find a song that was either under the creative commons or that we could get written consent to use. Maria contacted a band and was told she could use the song so long as some credit was given, which was done in the opening credits of the video.


Parody Problems
Currently, parody is not an included exemption for copyright, although a Government Consultation
following the Hargreaves Review (2011) has proposed a parody exemption [1] which could take affect as soon as 6th April this year [2][3]. According to the intellectual Property Office, the aim of the new exception is to "give people in the UK's creative industries greater freedom to you others' works for parody purposes"[4] but how the definition of fair dealing will affect peoples ability to use copyrighted materials for parody is still unclear [5].

At the moment, if copyright on a parody is called into question, it is settled in court on a case by case basis.


***


Resources:
[1] http://www.ipo.gov.uk/ipresearch-parody-report2-150313.pdf
http://www.ipo.gov.uk/ipresearch-parody-report3-150313.pdf
[4] http://www.ipo.gov.uk/techreview-parody.pdf
http://www.ipo.gov.uk/ipresearch-parody-report1-150313.pdf
[5] http://www.lawcareers.net/Information/BurningQuestion/Taylor-Wessing-New-parody-exception-is-imitation-the-sincerest-form-of-flattery
[2] http://www.marketinglaw.co.uk/media-and-ip/new-parody-copyright-exception-by-easter-2014?cat_id=4
[3] http://www.out-law.com/en/articles/2013/december/uk-copyright-reforms-to-take-effect-in-april-2014/

Monday, 17 March 2014

Final Year Project

Critical Reflection

For my Final Year Project, I took over as Editor of the features section of WINOL from the 16th December until 16th March with the intention of using my editorial experience and journalism skills to improve the quality of the content and the forward planning of articles as well as circulation of the magazine through the use of social media, advertising and social media. After a discussion with my tutor I also added the challenge to organise a re-launch event for the magazine that included special celebrity guests and to write a series of articles to accompany the other students work for the magazine.
The first month was spent researching both other online student editorials and magazines that looked at the areas covered by our magazine section, looking into article ideas and pegs and preparing the site so that it would be ready to be used at the beginning of the semester, as documented in the accompanying scrapbooks.
After gathering the team together for the first features meeting, my tutor and I discussed with the team the possibility of changing the format from a very text focused format to video after the success the previous semester of Access Winchester. This would increase the multimedia aspect of the site, which had proved popular in the past, and make the features section more modern and innovative but would require a very abrupt change of plans. After much debating, the new style was adopted and I spent time over the week briefing my team in detail as none of them had filmed for Access Winchester before and, as the majority were MAs, had little to no experience in filming packages. Together, we went through examples of previous Access Winchester videos, going through the style and structure and highlighting both the techniques used and the things to improve upon or adopt when filming. I also took the opportunity to explain SEO checking, how to upload and save work and the importance of using creative commons photos & not breaching copyright amongst other things. The feedback I received from the group was very positive and they seemed happy and prepared to use this format. However, after further discussions the following week with my tutor, the structure was changed again as we had not factored in the inexperience of the team when it came to using cameras. This would mean that the quality of the videos were unlikely to be up to standard and therefore having a high quality, regular video published on the site would be difficult. Instead, as we had such a small and fairly inexperienced team, a plan to merge the features and news sites by making the features a column section was put into place.
With these changes and delays, it has been difficult to follow my original plans. For example, the event was no longer relevant and there was not a place in either of the new structures for my original article idea. However this taught me a great lesson in adapting and, after the original change in structure, I changed my article to a weekly video package called “Hanniversaries” based around the idea of “On This Day” style features but taking a more comic view of the week anniversaries of major events that week. When this was changed, I found that I needed to spend a lot more time guiding my team than I had anticipated and this, combined with the fact there was not a section for me to write for, made me decide to work a lot closer with the team rather than spend time writing my own articles.
Where my focus has fallen upon improving the content and training the team, plans improve the circulation of the features and the number of page views we have received have slipped. Partially, this is because working out the views for the features section has been difficult since integrating it into the news site and so figures collected should be treated with a pinch of salt. Other contributing factors could include that the content has not been very regularly updated and many articles have not been SEO checked which should have boosted its position in search engine results. However I believe the major factor is that the work on the features section was not publicised on social networking sites very well which, from previous experience as the Social Media Editor of WINOL, I know is often a major factor in the success of a site or an article’s viewing figures. Becoming too focused on helping the team and the content of the site, I neglected to use social media in a way that would aid our features section’s circulation and reputation which has lowered the average number of page views.
Originally, when the features site was separate, tracking the statistics was possible using the ‘SlimStat’ plugin on the WordPress site which would tell us the overall page views, most popular sections and sources from which our audience would get to our work amongst other data. However, by moving the features to become a part of the news site obtaining accurate figures for the page views specifically of our section was tricky and the solution that I found of finding out the percentage of views for our category and using that with the average page views of the site is not a very accurate science. Even baring this in mind though, the figures for features do not make for good reading with an average before Christmas of around 116 views per day dropping to an average of 45 per day over the past month. However compared to the previous month, this average has almost doubled from 28, which shows that interest in the work of the features team has improved significantly over time.
It is likely that the reason interest in features has increased over time is down to the fact that overall quality of the content has improved. At the very beginning, there were a lot of legal issues surrounding copyright and malice. In some of the first few articles, the images used were copyright rather than creative commons licenced which meant the pictures were essentially stolen. Whilst I noticed this and did not publish it, either the journalist or another person with access to the posts and the ability to publish them put it up briefly. This highlights another issue that I came across whilst working on the features section: ineffective communication. Where the roles this semester were less defined than in the last and sometimes overlapped, some articles were published by subs on other teams before I was able to properly approve the overall article which meant that some articles were not as high quality as I would have liked when originally published. Another thing that has been difficult for similar reasons is keeping the front page section for the columnists up to date; as I was not trained to do this and the front page editor was reluctant to teach me, I had to rely on her to edit it in a way that I felt was appropriate. Whilst this was done, it made the task much more complicated than was necessary.
The overall experience of being the features editor has taught me a lot about both planning and adapting said plans to fit in with altering circumstances and reminded me of the importance of social media in increasing circulation of editorial websites. It has also reinforced in my mind the importance of clear communication and job roles, effective leadership and good legal and ethical training in the journalism world. If I were to do this project again, I would use social media more effectively, try to improve the use communication and hierarchy to make it more efficient, keep the features on its own separate site to make tracking progress of the features site easier and ensure that plans and structure were firmly in place a lot earlier in the process to avoid wasting time at the beginning of the process. I would also suggest that a lot off difficulties arise from having your FYP overlap with course teaching and training as many of the aims and needs of each are opposing, making merging the requirements for each tricky and resulting in some aims having to be neglected.


Research Scrapbooks: