An Introduction to Media Law

Lecture one

In our introductory lecture on media law, we discussed the basic principles that journalists must follow and the consequences that face them if they fail to adhere to the law that restricts them.

A key principle for journalists to work by is that in order to avoid themselves and their organisation being sued for defamation they must recognise this risk and always bear it in mind, when producing material.

In addition to this, there are four other main principles that journalists should be aware of;

1. the rule against prior restraint - a remedy can only be sought once the speech or writing has occurred.
2. journalist's right to freedom of expression
3. the importance of informing the public of what is in the public's interest to know
4. the impact of a trial by jury.

Defamation, which encompasses slander (for transitory statements), and libel (for written, broadcast, or otherwise published words), is defined as the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
Ultimately, it concerns the reputation of someone or something and the damage that a particularly defamatory statement has upon this reputation. This often includes the impact upon the individual or organisation's bank balance.

In order to appreciate the risk, journalists must be aware of the hierarchy of the court system, so they know where and if they can appeal a decision made, if found liable for defamation.

Law is divided into two branches; criminal law, which refers to an offence by an individual or group of individuals against the state and civil law, which deals with disputes between individuals and/or organisations.
At the top of the hierarchy is the Monarch, hence why criminal cases refer to Regina in the case name i.e. R v Smith. Next, are the appellate courts. The first is the newly established Supreme Court, which replaced the House of Lords in October 2009 and the second is the Court of Appeal. The High Court, which is divided into the Queen's bench division, the Family division and the Chancery division, is below this. The courts are then divided into those that deal with criminal cases and those concerning civil matters.The Crown court is next in the hierarchy concerning criminal matters and then at the bottom is the magistrates court. Civil matters are then dealt in the county court or at a tribunal.

Although there are overlaps, such as the process for dealing with civil matters, Scottish and Irish law are  independent from that of law that governs England and Wales.
predominantly
Defamation laws are considered to be the most flexible in the world, as demonstrated in the case of King v Lewis & Others (see below).

In support of Journalists, Lord Bingham was quoted as saying that 'the proper functioning of a modern participatory democracy requires that the media be free, active, professional and enquiring.'

In further reading, I intend to investigate whether the law in fact allows this to happen or whether the wise words of Lord Bingham are a far and distant call for reform.