Wednesday, 13 October 2010

Media Law




Week 2


Topical News Headlines


Firstly, The Daily Express on the 5/10/10 has the headline; 'Now 'tormented' killers can escape murder charge'. This is the story discussing how victims of domestic abuse who kill their partner will be able to use a new law to escape a murder charge by claiming they were tormented into using violence. The new 'loss of control' partial defence, which became available yesterday, replaces the mitigating plea of 'provocation'. The changes are based on Law Commission recommendations made in the review of homicide law in 2006 and were debated by Parliament and passed into law in 2009. Other changes to the Coroners and Justice Act 2009 mean the partial defence of diminished responsibility has been replaced with a new defence based on the accused suffering an 'abnormality of mental functioning' due to recognised mental conditions.'


The Sun reports on how the police snipers who killed the 'shotgun barrister' Mark Saunders acted lawfully, an inquest jury ruled. Senior officers however have been criticised for their actions in not allowing the negotiation team to include Mark Saunder's wife, who he desperately requested to talk to. Although the jury agreed that the police fired in self-defence, the senior officers may now face criminal charges. May this lead to a new consideration of the law concerning the rare circumstances that surrounded this case, in terms of procedure?


I came across a story in The Sun with the headline, 'Hit and Run killer drags girl 3/4 mile'. A student victim was found dead near the Belsize Park tube station at 1.55 am after it is thought she was hit 3/4s of a mile away, outside the Royal Free Hospital. This story demonstrates exactly what was discussed in our lecture, whereby until a case becomes 'active', journalists are reasonably unrestricted to publish the facts as truthfully and up-to-date as it is possible to do.


Next, is the issue that dominated news headlines and caused constant controversy bearing in mind the current economic crisis. 'Gravy train over for BBC fatcats', is the headline in the Daily Mail and speaks of how the 'BBC' fatcat pay will be slashed under a Government plan to target bloated executive salaries at the corporation.' As mentioned in my lecture notes, certain news outlets have different levels of 'honesty' and sensationalism when it comes to publishing or broadcasting a story. The Daily Mail is somewhere in the middle on this scale and so will be willing to publish a story that has elements of both honesty and descriptive sensationalism.


In the Daily Express, members of the public writing in expressing their opinions on a number of issues demonstrates the importance of public interest and emphasises why we need this balancing act between Art 10 freedom of expression and Art 8 privacy. In one example, Mark Newberry, discusses how police need to show 'pride in their work again' and including a remark from Theresa May, the home secretary, who says that 'radical solutions are needed to improve policing and bringing modern management practices to the police.'. This shows how entwined the institutions of the government, social sector and the media are constantly entwined.


'X Factor uproar as fans want favourite reinstated' discusses the public's plea for Gamu Nhengu to be reinstated into the hit ITV show after a petition of 75,000 and fans camping outside Gamu's house. A leak concerning a possible 'wild card' entry, has only fuelled the public's demands for Gamu to be put back in. Facebook has even got in on the act and produced a group in support of her reinstatement and has 100 new members joining every minute. This demonstrates the importance of public interest and how relatively minor stories can make it to the national news, when the public feel very strongly about it.




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