Week 4
Units 16 and 19
62. When 'T' and 'R' are next to one another or have a vowel between them, the 'T' and 'R' strokes are blended together to give one long stroke. The sign is written in the 'T' position if it is the first stroke in a word.
63. Likewise, a lengthened 'D' stroke is used is used when 'D' and 'R' are written together or with a vowel between. This is written in the 'D' position if it is at the beginning of an outline.
64. 'TRN' and 'DRN' - the double strokes of 'TR' and 'DR' can be blended with 'N'.
65. 'LR' is generally written downwards, but can be written upwards in certain circumstances, to give a better outline.
66. 'MR' and 'WR' are also quite popular combinations to write.
67. 'WK' and 'WRK' blends - only the second stroke of the 'K' is shown as the first one is written backwards along 'W'. 'WR' and 'K' can be joined by using a long 'WR' stroke (becoming a large 'W') and adding 'K' in the same way.
68. It is easier to use 'C' than 'K' when joining 'R' or 'D' to 'WK' or 'WRK'.
69. Make sure to check that the size of all of the outlines are correct.
Monday, 1 November 2010
The news agenda
Dissecting the news
The new agenda, otherwise known as the agenda - setting theory, was established by Maxwell McCombs and Donald Shaw in 1972 in their 'ground - breaking' study of the role of the media in a 1968 presidential campaign. The theory explains the correlation between the rate at which the media cover a story and the extent that people think that this story is important. This study shows that the correlation has occurred repeatedly.
Mon 25/10/10
1. David Cameron will discuss at the CBI conference in London, how he will boost growth and create opportunities despite the cuts in the public sector.
2. Britain's privacy watchdog is to look again at what personal information internet giant (where the new jobs will come from)
3. 250 people have died in Haiti after a cholera epidemic.
4. 'Taste receptors' found in the lungs rather than the tongue, could create the production of new medicines helping to treat asthma.
5. Newly leaked secret U.S files suggests that Iraqi forces were maltreating prisoners but failed to take any action.
6. Changes to benefits, means that single mothers may be forced to go back to work when their child reaches seven.
7. ' A camera, set up at a man's bedside because of concerns he was not receiving adequate medical care, has caught an agency nurse
8. Horseracing has been funded, for the past 50 years mainly, by a levy or a tax on bookmakers' profits. The racing authorities and the bookies are supposed to agree on the level of the subsidy. This has not happened.
9. Cartoonist, Gerald Scarfe discusses his work in a new comprehensive book, The Making of Pink Floyd The Wall.
Tues 26/10/10
1. Security chiefs from Whitehall have ordered an increase in police training to prevent a 'mumbai style' terrorist attack occurring in a public place.
2. The latest Gross Domestic Product (GDP) were released today. The Legatum Institute has named it the 'prosperity index' which attempts to measure our feelings about ourselves as well as performance.
3. This time next week, it will be clear whether Barack Obama's democrats have lost control of congress. It is thought that the majority of the 435 seats in the House of Representatives, which are all up for election, will be given to the Republicans.
4. The Fire Brigade's Union are set to strike on the 5th November. Bonfire night is one of the fire services busiest nights and Bob Neil, the fire and rescue services minister, believes they should rethink this plan.
5. The chalk mound in Wiltshire, Silbury Hill, is Europe's largest man-made, pre-historic feature. Jim Leary has wrote a newly published book on some of the long believed assumptions on it.
6. The Government are considering the rules surrounding teaching qualifications should be less strict and so allowing some classes to be taught by people who did not have the necessary training.
7. A 9-foot high Exmoor stag, called the Emperor has been shot. He is reportedly one of the UK's largest wild animals.
8. The Independent are introducing a new newspaper, which is to be smaller, cheaper and more concise than than the existent Independent.
9. Ex MPs heads impaled on spikes is an art installation created by Shelly Wilson. It is said to represent and honour the 150 MPs who stood down at this year's general election.
10. Ann Widdecombe and Alistair Spalding discuss how best to appeal to audiences in terms of family entertainment.
Wednes 27/10/10
1. The Russian leader, Mikhail Gorbachev, who took Soviet troops out of Afghanistan, has warned that Nato are unable to cope with the force of the Taliban.
2. Pensions consultant, Malcolm Mclean analyses the government’s review as to whether companies should offer pension schemes.
3. The Audit Commission's last report before its abolition revealed that councils in England found 120,000 cases of fraud last year worth £135 million.
4. The UK are considering adopting a technique used to curb drink-related crime in the USA.
5. Spanish-born chef Ferran Aidra, of El Bulli fame, has been described in a book as changing the way people eat, with his inventive dishes.
6. The government have announced that housing benefits should be capped. However, Shadow Justice Minister, Chris Bryant, says the plans would force 200,000 people to move out of big cities.
7. Lord Black of Crossharbour, former proprietor of the Daily Telegraph who was imprisoned for six and a half years in 2008 for fraud has been released on bail. Google gathered from private Wi-Fi networks turning off his life - support machine.'
8. Chairman of British Airways, Martin Broughton, has spoke out about the redundancy of airline passenger checks and that the UK should stop following the security procedures adopted by the US.
9. Author Misha Aster and playwright Sir Ronald Harwood, talks about the musical power and the ambiguity of the 'Reich's Orchestra'.
10. The UN's biodiversity conference in Japan, is looking at the evidence of a decline in the number of species of animals and plants in the world.
11. The Lord of the Rings prequel, the Hobbit, is to be filmed in New Zealand.
12. Oil and gas remaining in the North sea is difficult and expensive to extract.
13. Should estate agents change the language used when trying to sell properties?
Friday, 29 October 2010
BBC Journalists set to strike
Aren't BBC employees simply asking for what they are entitled to?
The Union is claiming that the BBC are pushing for journalists to "pay more, work longer and receive lower pensions". This comes after 70% of BBC journalists rejected the BBC's 'final' offer. Journalists make up-to-date news items for us and have even been killed in their profession to take on this crucial role of taking on the role watchdog. Journalists are more than news reporters. they are the voice of the people. The NUJ have argued against the possibility of a compromise by stating that all 4,000 of their members also refuse to take on 'any additional duties or volunteer for acting- up duties as part of an indefinite work to rule.
Some of the public have aired their controversial opinions:
Joea states: 'Will we all get a refund? NO! not a cat in hell's chance. If they do not supply us with a service we should be entitled to one.'
Juba Journalist does not see a problem with the BBC coming off the air: 'Why do they need 4000 "journalists" at the BBC in the first place? It must be hard enough squeezing in enough time for 40 of them in between all the rubbish programmes, repeats and repeats of repeats.'
Republican684 says: 'Journalists'? At the BBC? Nah, you're 'aving laff! Overpaid, creatively and intellectually redundant middle class people no one else would employ, you mean. I support most strikes but I do not support are the over-paid pretend public servants at the beeb and their constant output of crap coupled with propaganda.
News comes this week, that BBC journalists are planning two 48 hour strikes over a huge battle concerning pensions. The National Union of journalists (NUJ) have confirmed that the strike is set to go ahead on November 5th and 6th and again on November 15th and 16th, with the possibility of further strikes over the Christmas period.
Some of the public have aired their controversial opinions:
Joea states: 'Will we all get a refund? NO! not a cat in hell's chance. If they do not supply us with a service we should be entitled to one.'
Juba Journalist does not see a problem with the BBC coming off the air: 'Why do they need 4000 "journalists" at the BBC in the first place? It must be hard enough squeezing in enough time for 40 of them in between all the rubbish programmes, repeats and repeats of repeats.'
How can this be said when journalists strive to make up-to-date news items that provide a talking point for a city, a nation and even the world. More than 23 journalists alone have been killed reporting on the war in Iraq, in order to take on this crucial role of watchdog. Journalists are more than news reporters. they are the voice of the people.
Thursday, 28 October 2010
Press releases
Week 5
Ministry of Justice
who what
All Britons may now be informed of their legal rights in their own language, if arrested abroad.
when where
Negotiations are now taking place in Brussels.
why
The language barrier can make a criminal investigation all the more intimidating. The Government's intention is to safeguard and promote civil liberties - beyond those outside our front door.
quote
Justice Secretary Kenneth Clarke, announced the decision to parliament today and said:
‘The Government has decided to opt in to the Directive on the right to information in criminal proceedings. The Directive meets the criteria set out in the Coalition Agreement with regard to EU justice and home affairs measures.
‘The Government will approach forthcoming legislation in the area of criminal justice on a case by case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system.’
Highway's Agency
what
Archaeological remains dating back to the Ice age, along with Roman and Iron age have been found in the
where
area between Newark and Widmerpool.
why
The discovery was made during a Highways Agency scheme to upgrade the A46 between Newark and Widmerpool.
quote
A46 Highways Agency project manager, Geoff Bethel , said:
"As the A46 follows the route of the old Roman road, we expected to uncover a number of artefacts from Roman Britain and we were not disappointed; but to uncover such rare flint tools dating back to the end of the Ice Age was very exciting.
"We worked very closely with English Heritage, our contractor and the archaeology teams to make sure the road route design avoided the important areas of archaeology during construction."
National Trust
who what when where
All Britons are to receive a bonus this spring, as the National Trust are opening its doors for free on the weekend of 20-21 March 2010.
why
The move follows the Trust's aim to offer everyone in the country the opportunity to enjoy the fresh air and discover the outdoors.
quote
“This is the perfect excuse to discover what’s on your doorstep, perhaps re-visit somewhere you pass regularly or explore somewhere totally new.”
“However people decide to use our ‘Bonus Time’ gift; from taking a stroll in some of the most glorious gardens our country has to offer, to walking our dramatic coastline and breathing in the unforgettable views, we can promise it will be time well spent.”
Association of Local Government
who what when
Councillors claim to of saved £230 million last year as a result of latest technology used to manage
where
services for both pensioners and the igeneration, a new report shows.
why
The various technology used allows bin men to be more efficient, gives the public the correct bus times and keeps them informed about roadworks and planning applications. All in all, making a better community for us all to live in.
quote
Councillor David Parsons, chairman of the Local Government Association’s Improvement Board, said:
“Whether it’s bin men working smarter, fewer phone calls to inquiry centres, freeing up staff from time-consuming checks or reducing parking ticket machine maintenance costs, making the most of modern technology and data sharing has seen huge cash savings across the country.
“This is money which can be ploughed into vital frontline services on which millions of people rely each year, and is yet another example of councils striving to be more efficient to make their stretched budgets go as far as possible.
“As well as financial savings, tapping into gadgetry has led to better communication with all members of society, young and old, and raised awareness of the services councils offer and how to get the most from them.
“It is estimated such technology and information sharing could potentially save councils up to £372 million by 2014/15. In this climate of strained budgets, councils must strive to keep reaching more residents and improving services ever more creatively, and look at more ways of working together to make these big savings.”
Ministry of Justice
who what
All Britons may now be informed of their legal rights in their own language, if arrested abroad.
when where
Negotiations are now taking place in Brussels.
why
The language barrier can make a criminal investigation all the more intimidating. The Government's intention is to safeguard and promote civil liberties - beyond those outside our front door.
quote
Justice Secretary Kenneth Clarke, announced the decision to parliament today and said:
‘The Government has decided to opt in to the Directive on the right to information in criminal proceedings. The Directive meets the criteria set out in the Coalition Agreement with regard to EU justice and home affairs measures.
‘The Government will approach forthcoming legislation in the area of criminal justice on a case by case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system.’
Highway's Agency
what
Archaeological remains dating back to the Ice age, along with Roman and Iron age have been found in the
where
area between Newark and Widmerpool.
why
The discovery was made during a Highways Agency scheme to upgrade the A46 between Newark and Widmerpool.
quote
A46 Highways Agency project manager, Geoff Bethel , said:
"As the A46 follows the route of the old Roman road, we expected to uncover a number of artefacts from Roman Britain and we were not disappointed; but to uncover such rare flint tools dating back to the end of the Ice Age was very exciting.
"We worked very closely with English Heritage, our contractor and the archaeology teams to make sure the road route design avoided the important areas of archaeology during construction."
National Trust
who what when where
All Britons are to receive a bonus this spring, as the National Trust are opening its doors for free on the weekend of 20-21 March 2010.
why
The move follows the Trust's aim to offer everyone in the country the opportunity to enjoy the fresh air and discover the outdoors.
quote
Fiona Reynolds, Director General of the National Trust said:
“This is the perfect excuse to discover what’s on your doorstep, perhaps re-visit somewhere you pass regularly or explore somewhere totally new.”
“However people decide to use our ‘Bonus Time’ gift; from taking a stroll in some of the most glorious gardens our country has to offer, to walking our dramatic coastline and breathing in the unforgettable views, we can promise it will be time well spent.”
Association of Local Government
who what when
Councillors claim to of saved £230 million last year as a result of latest technology used to manage
where
services for both pensioners and the igeneration, a new report shows.
why
The various technology used allows bin men to be more efficient, gives the public the correct bus times and keeps them informed about roadworks and planning applications. All in all, making a better community for us all to live in.
quote
Councillor David Parsons, chairman of the Local Government Association’s Improvement Board, said:
“Whether it’s bin men working smarter, fewer phone calls to inquiry centres, freeing up staff from time-consuming checks or reducing parking ticket machine maintenance costs, making the most of modern technology and data sharing has seen huge cash savings across the country.
“This is money which can be ploughed into vital frontline services on which millions of people rely each year, and is yet another example of councils striving to be more efficient to make their stretched budgets go as far as possible.
“As well as financial savings, tapping into gadgetry has led to better communication with all members of society, young and old, and raised awareness of the services councils offer and how to get the most from them.
“It is estimated such technology and information sharing could potentially save councils up to £372 million by 2014/15. In this climate of strained budgets, councils must strive to keep reaching more residents and improving services ever more creatively, and look at more ways of working together to make these big savings.”
Monday, 25 October 2010
A journalist or an entertainer?
This is not a new role thrust upon journalists as depicted in the 19th verse by Engel 1997:17:
Tickle the public, make em' grin,
The more you tickle the more you'll win,
Teach the public, you'll never get rich,You'll live like a beggar and die in a ditch
Even if one of the aims, is to inform, nobody will listen, watch or read the stories if they are quite simply too dull. Therefore, tension, excitement and interest need to be created. Journalism is non-existent without an audience, and so the need to entertain becomes just as vital as the need to inform.
News outlets can receive controversy for doing this at, what the public believe are sensitive times. The ITN replayed images of the hijacked planes going into the world trade centre in time with music. The news item, broadcast the day after the September 11th attacks was deeply criticised by the Independent Television Commission as 'a tasteless offence to public feeling' (Akbar 2001).
Wells (2001) reports that insiders believe that BBC news has become 'more Madonna than Macedonia'. Former BBC war correspondent Martin Bell agrees with this belief: ' I can think of no time in my life when we needed to be better informed about the world beyond our shores, and no time when we have, in fact, been worse informed...The Palme d'Or for the dumbing down of British television goes to ITN, which was once a proud name in journalism...In hock to the advertisers, ITN set the trend by its decision, early in the 1990s, to promote an agenda of crime, celebrity and miracle cures - and to downgrade foreign news to a couple of slots a week on Tuesdays and Thursday, unless anything more sellable happened closer to home. The judgements were not editorial, but commercial.'
Channel 4 News anchor, Jon Snow has accused the ITV news of letting down democracy by eliminating serious news items in favour of more lifestyle and entertainment news (Arlidge and Cole 2001).
ITN chief executive, Stewart Purvis, believes this is nonsense and that they still are what they were at their beginning in the 1950s: 'the equivalent of a mid-market newspaper - authority with accessibility'. This is backed up to a point by research into changing trends in TV news in the last quarter of the 20th century. Barnett and Seymour found that, although there has been a decline in political coverage and a shift towards a tabloid-focused agenda, the overall picture remained 'a healthy balance of serious, light and international coverage.' Researchers have, however warned that increasing commercial pressures would threaten this balanced approach in the future.
Bob Franklin was quoted as saying: 'The history of the British press, since the emergence of popular journalism...has been a history of newspapers increasingly shifting editorial emphasis towards entertainment'.
This has not escaped the broadsheet newspapers. Take for example page eleven of the Times on Tuesday February 26th 2002. Under a 'news strapline, is a lengthy report on Kylie Minogue being voted 'best pop act' by readers of the New Musical Express, illustrated by a large photo of Kylie and her cleavage (triumphant kylie adds the brats to her brits). The two other stories on the same page concern a record by the winner of TV talent show Pop Idol and the memoirs of the late Kurt Cobain.
Matthew Arnold, 1887, believed that 'New journalism...has much to recommend it; it is full of ability, novelty, variety, sensation, sympathy, generous instincts; its one great fault is that it is feather-brained.'
In terms of entertainment values, a national survey of 25,000 adults found that, while just over a third said they relied on newspapers for information, one in five admitted they read a daily paper more for entertainment purposes (Powell 2001). The entertainment values of the public and so in turn adopted by the papers are humour, showbiz, sex, animals, crime and pictures. Holland believes that the concepts of news and entertainment are becoming more entwined: The relentless public push towards entertainment values has meant that the definition of what makes 'news' is itself constantly changing. The carefully established distinction between fact and opinion is now less easy to maintain. The need for accuracy has become dissolved into the excess of the headline, through a joke, an ironic exaggeration or an expression of outrage.
As Peter Hill, the Daily Star editor put it: 'readers are only really interested in people who are on television...And we like bottoms - because bottoms are fun.' Jeremy Gibson, the head of BBC features agrees with this: 'I would love to think that that type of documentary that didn't realise it had to entertain you as well as inform you is probably dead.' James Carey also believes that: 'Journalism can be destroyed by forces other than the totalitarian state; it can also be destroyed by the entertainment state'.
Nearly 70 years ago, FJ Mansfield recorded complaints about press sensationalism, distortion, invasion of privacy, and the reporting of sex 'beyond proper limits'. David Goodhart rejects the dumbing down idea of news items as simply elitism and romanticism: 'A combination of new media technology and social progress means, for good and ill, that common culture has gone forever. Welcome to what the critic Jason Cowley calls 'our crowded, fragmented, cultural market place'.
What the audience and journalist must remember is both the difference and presence of the informative and entertaining function concerning news items combined with the facts of a story, can be the most entertaining of all.
The increased weight given to pre-nups
Topical news story
Week 4
With 45% of marriages now winding up in the divorce courts, is it any wonder that couples are now choosing to swap the meringue cakes, month's worth of catering and huge price tags, for the 21st century lifestyle choice; cohabitation.
Statistics show that children are the ones that lose out, by having parents that are 'merely' in love, but without the 'necessary' squiggle to prove that they are 'genuinely committed'. Cynically, could the recent pro - pre- nuptial agreement decision be an attempt at reducing tax rise and so in turn, keeping the public sweet?
Couples are now entering into a contractual agreement before they are entering into marriage and so effectively are planning their divorce before they have even walked up the aisle. What a romantic gesture for any prospective bride or groom! Imagine, being approached by your prospective spouse; 'Darling, before I slip that ring on your finger, I want to decide how we will be dividing up our assets, if I happen to have an affair or find you are impossible to live with!'. This is the reality, of what many halves will have thrust upon them.
In the recent case of Radmacher v Granatino, the Supreme Court upheld the decision to enforce a pre - nuptial agreement despite pleas from the husband that this would be severely detrimental to his finances.
Previous to this pre- nups carried very little weight in the UK, whereas now, judges have the opportunity to discuss how finances within a family setting, should be divided. Thus, not fully basing the decision on agreements made between the parties.
It is more than likely that this has not set a binding precedent, but introduced flexibility to the area of law, allowing judges to continue this, case dependent. Cases, therefore will be judges independent of one another.
The Law Commission is set to review this area of law in 2012 and so no legislation will be drafted, if at all, until then. However, this case does demonstrate how the law on pre-nups has evolved and may lead, making the way for other cases to take the same shape and reach a similar conclusion.
Week 4
Statistics show that children are the ones that lose out, by having parents that are 'merely' in love, but without the 'necessary' squiggle to prove that they are 'genuinely committed'. Cynically, could the recent pro - pre- nuptial agreement decision be an attempt at reducing tax rise and so in turn, keeping the public sweet?
Couples are now entering into a contractual agreement before they are entering into marriage and so effectively are planning their divorce before they have even walked up the aisle. What a romantic gesture for any prospective bride or groom! Imagine, being approached by your prospective spouse; 'Darling, before I slip that ring on your finger, I want to decide how we will be dividing up our assets, if I happen to have an affair or find you are impossible to live with!'. This is the reality, of what many halves will have thrust upon them.
In the recent case of Radmacher v Granatino, the Supreme Court upheld the decision to enforce a pre - nuptial agreement despite pleas from the husband that this would be severely detrimental to his finances.
Previous to this pre- nups carried very little weight in the UK, whereas now, judges have the opportunity to discuss how finances within a family setting, should be divided. Thus, not fully basing the decision on agreements made between the parties.
It is more than likely that this has not set a binding precedent, but introduced flexibility to the area of law, allowing judges to continue this, case dependent. Cases, therefore will be judges independent of one another.
The Law Commission is set to review this area of law in 2012 and so no legislation will be drafted, if at all, until then. However, this case does demonstrate how the law on pre-nups has evolved and may lead, making the way for other cases to take the same shape and reach a similar conclusion.
How the law on qualified privilege has progressed
Week 4
Until fairly recently, the common law only protected those relationships that contained a rigid classification of confidence i.e. between a solicitor and client, a husband and wife and interests involving national security or of the state. To be excluded from providing evidence, confidential communications usually have to fall within these established classes. There is no general privilege protecting communications given in confidence.The case of Slavutych v. Baker [1975] created a flexibility within the law as it started to look at non - traditional classes of confidential communications in certain circumstances. In this case, a university professor, Slavutych, was invited to fill out a 'tenure form sheet' commenting on his colleague. His head of department indicated that the sheet would be held in confidence and destroyed after its use. Slavutych completed the form with highly derogatory comments about his colleague. University officials then took steps to dismiss him due to these comments. The courts reached the conclusion that the privilege was satisfied in the circumstance and the document, which was in deed prepared in confidence, but feel outside the strict perimeters surrounding confidentiality, was privileged and so inadmissible in evidence.
In reaching this decision, the courts considered Wigmore's four conditions, as necessary for the establishment of privilege. These are;
1. the communications must originate in a confidence that they will not be disclosed;
2. this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;
3. the relation must be one which in the opinion of the community ought to be sedulously fostered, and
4. the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of the litigation.
Different approaches have been adopted by the courts. The broadest of which is that 'it is left open to the courts, in the exercise of their judicial discretion, to recognise and give effect to new categories on privilege of a case-by-case basis.
Other countries such as Canada have been more reluctant to adopt this approach as demonstrated in the case of Moysa v. Alberta (Labour Relations Board). In this case, a journalist, relying on Slavutych, claimed that she had a right to protect her sources of information on the basis of qualified privilege. The Supreme Court of Canada stated that: "Even if such a qualified testimonial privilege exists in Canada this appeal must be dismissed as the appellant here does not fall within any of the possible tests which have been proposed as establishing the conditions necessary to justify a refusal to testify".
Sinclair J.A. characterised the issue before the Alberta Court of Appeal as: "In what circumstances does the law preclude the admission of evidence simply because its source is confidential?"
"It is clear, nevertheless, that the types of evidence to which privilege will be ascribed have not been settled once and for all." He then quoted from Lord Parker C.J. in Attorney-General v. Clough and stated that
'To adopt the words of Lord Parker C.J. in the circumstances of the present case, is it clear that public policy demands a recognition of the appellant’s claim to privilege because the tenure form sheet was secured from him on a confidential basis?'
The courts have found that claims to privilege with respect to the following confidential communications did not satisfy Wigmore’s four conditions: documents gathered by a hospital in the course of inquiring into an allegation of medical malpractice, (Finley v. University Hospital Board, supra) a report prepared by a committee of the College of Dental Surgeons investigating a complaint against a dentist, (Bergwitz v. Fast, supra) a special nursing audit committee report, (British Columbia (Attorney General) v. Messier) documents evidencing complaints made against a psychiatrist in the possession of the College of Physicians and Surgeons, (F. v. a psychiatrist ) statements given to investigators of the Toronto Stock Exchange, (Merrill Lynch v. Granove) internal police reports (Bass v Toronto Star Newspapers Ltd) a videotape of a family counselling session (R. v. S. (R.J.), supra) and a confession made to a church pastor ( R v Fosty, supra).
With this new 'flexibility' and extension to the law, should bring further opportunities for journalists to report on the crucial matters, the public yearn for more information on. As the 21st century continues, the freedom of expression vs. privacy battle rages on, with the power struggle seeming to favour freedom of speech and so in turn the increased ability for journalist's to report on these crucial matters.
In reaching this decision, the courts considered Wigmore's four conditions, as necessary for the establishment of privilege. These are;
1. the communications must originate in a confidence that they will not be disclosed;
2. this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;
3. the relation must be one which in the opinion of the community ought to be sedulously fostered, and
4. the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of the litigation.
Different approaches have been adopted by the courts. The broadest of which is that 'it is left open to the courts, in the exercise of their judicial discretion, to recognise and give effect to new categories on privilege of a case-by-case basis.
Other countries such as Canada have been more reluctant to adopt this approach as demonstrated in the case of Moysa v. Alberta (Labour Relations Board). In this case, a journalist, relying on Slavutych, claimed that she had a right to protect her sources of information on the basis of qualified privilege. The Supreme Court of Canada stated that: "Even if such a qualified testimonial privilege exists in Canada this appeal must be dismissed as the appellant here does not fall within any of the possible tests which have been proposed as establishing the conditions necessary to justify a refusal to testify".
Sinclair J.A. characterised the issue before the Alberta Court of Appeal as: "In what circumstances does the law preclude the admission of evidence simply because its source is confidential?"
"It is clear, nevertheless, that the types of evidence to which privilege will be ascribed have not been settled once and for all." He then quoted from Lord Parker C.J. in Attorney-General v. Clough and stated that
'To adopt the words of Lord Parker C.J. in the circumstances of the present case, is it clear that public policy demands a recognition of the appellant’s claim to privilege because the tenure form sheet was secured from him on a confidential basis?'
The courts have found that claims to privilege with respect to the following confidential communications did not satisfy Wigmore’s four conditions: documents gathered by a hospital in the course of inquiring into an allegation of medical malpractice, (Finley v. University Hospital Board, supra) a report prepared by a committee of the College of Dental Surgeons investigating a complaint against a dentist, (Bergwitz v. Fast, supra) a special nursing audit committee report, (British Columbia (Attorney General) v. Messier) documents evidencing complaints made against a psychiatrist in the possession of the College of Physicians and Surgeons, (F. v. a psychiatrist ) statements given to investigators of the Toronto Stock Exchange, (Merrill Lynch v. Granove) internal police reports (Bass v Toronto Star Newspapers Ltd) a videotape of a family counselling session (R. v. S. (R.J.), supra) and a confession made to a church pastor ( R v Fosty, supra).
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