0 comments on “Five laws editors need to know better than their staff”

Five laws editors need to know better than their staff

BEING an editor places great demands on your time.

You might well have arranged training for your staff, but have you thought about your own? When was the last law refresher you attended?

You might reasonably leave day-to-day spotting of legals to your newsdesk and subs, but in some cases it is you that will be held responsible when things go wrong.

Here, briefly, are five areas of law an editor really needs to know.

1 – Sexual offences anonymity
There is now a large number of offences which give anonymity to a victim as soon as a an offence is reported and that report can be to anyone, not just police. Relatively new offences like trafficking and voyeurism are catching journalists out because they do not realise they are sexual offences.

The consequences of breach are very serious, a prosecution under the Sexual Offences Amendment Act 1992 – and the CPS will sometimes prosecute both the paper and the editor. Conviction will result in a criminal record for a sexual offence.

2 – Contempt of Court

The law isn’t new, it’s been around since 1981, but what is new is Attorney General Dominic Grieve’s willingness to prosecute.

He said when he took office that prejudicial publication was a concern and he has been true to his word in allowing prosecutions for contempt.

They can still, theoretically, jail editors for contempt (last time that happened was the editor of The Mirror in 1949 over converage of the Haigh Acid Baths Murders) Nowadays they give the editor a personal fine, as well as the paper. Fines are unlimited, but tend to be in the tens of thousands of pounds.

Publication of material which would not have resulted in prosecution five years ago, is now being being taken to court.

3 – Defamation Act 2013

Libel remains your most potentially expensive problem. The new Act will probably be implemented from summer 2014. It contains new defences and new limits on how claimants can take action against you. You and your staff need to understand the changes it introduces.

4 – Bribery Act, RIPA, Misuse of Computers

The laws we saw Leveson explore at some length. You may well be taking on young, technically adept journalists. They, and you, need to know the legal limits on use of their technical expertise in obtaining stories. Likewise, what is a bribe, who can be bribed and how to avoid a bribery charge?

5 – Copyright

The next big issue coming down the track I think. Journalists are magpies and tend to regard the Internet as a limitless source of free material, especially imagery. People posting pictures online seem to be becoming more aware of their legal rights over such material and we will, I think, start seeing actions for copyright breach in the near future for the sort of online pilfering reporters have regarded as safe up until now.

If the above has given you pause for though, I run in-house law refreshers for editors and their staff. All sessions are tailored to the individual publication concerned. If you would like to talk about training, drop me a line at davidbanksmedialaw@gmail.com

0 comments on “Ten Tips to help you pass NCE Law&Newspaper Practice”

Ten Tips to help you pass NCE Law&Newspaper Practice

NCE is fast approaching and for hundreds of junior reporters around the country a lot hangs on this. A pass means they become senior reporters, and for those in training contracts it traditionally means the freedom to ply their trade elsewhere. A pay rise often accompanies elevation to senior status too. So you can see why it is taken seriously.

It’s a tough test though, with a number of different papers and a portfolio of work to complete as well. There are lots of opportunities to mess it up.

For about four years I was chief examiner for the NCE newspaper practice – which is a test of legal and ethical knowledge as well as your reporting skills.

Here are my 10 tips to junior reporters facing the exam, I hope they help.

1. Watch the time. You only have one hour for the exam. There are 50 marks for the law question and 25 each for the two practice questions. So, logically you might allocate 30 minutes to law and 30 to newspaper practice, but keep your eye on the clock. It is very easy to get carried away with the law question and not allow yourself enough time for the practice. If you really nail the law, that might just be ok, but you will really need to nail the law. I saw far too many papers with a rushed final question that hardly got any marks at all.

2. Know your law. The NCE when I was writing it anyway, focused on mainstream legal issues – contempt, libel, mags court restrictions, children, sexual offences and the PCC code. There might be other items such as privacy, confidentiality and copyright thrown in, but those main items should get you through.

3. Don’t confuse your defences. A favourite question of examiners features the defences for a court report. All too often candidates claimed absolute privilege – a libel defence – as a defence against contempt of court. There’s a simple mnemonic I invented to avoid this. “Banksy says remember your ABCAbsolute privilege has Bugger-all to do with Contempt. The defence against contempt for court reporting is S4(1) of the Contempt of Court Act 1981 which says a fair, accurate contemporaneous report of court proceedings cannot be in contempt of court, sop long as no order has been made under S4(2) postponing the report.

4. Don’t scattergun. You might want to play on the safe side and put down every single thing you know about the law, but that just tells the markers that you can’t spot the problem at hand. Keep the law relevant.

5. Be specific. If you think the problem in the question is libel explain why. Many candidates lose marks by simply saying: “The problem here is libel…” then going on to explain the defence that might apply. There will be marks available for explaining exactly which ¬†words are libellous and why. The same goes for any other legal issue, analyse why it is a problem, then go on to explain the defence that might apply.

6. Know your PCC Editors’ Code. Go to the PCC website, look at recent cases. Know the code inside out. It’s in your contract of employment, you’ve probably been given it a few times during your traineeship, it’s on the PCC website, there really is no excuse for not knowing it. In the current climate I would not be at all surprised if it features more often in NCE exams than it has before.

7. Be realistic. On the practice questions, where you are explaining how you would handle a story, make suggestions that you would expect to work every day. You might like to talk to the Prime Minister on the issue at hand – he would not return your call.

8. To vox pop or not to vox pop. This has become a standard part of many candidates practice answers. Sometimes it is a relevant idea, very often it is not. If you think it is, then do please tell the examiner what you would ask and how the responses would add to the story. The same goes for the digital equivalents of a telephone or internet poll.

9. Check your answer. Build in time to check your answer. You are not marked down for spelling on this exam, or at least weren’t when I was examining it. But nevertheless, checking your copy might avoid some terrible howler being submitted that might cost you marks.

10. In the unhappy event you fail, stump up for a failure report. It will certainly help you get through it next time and so it is worth the money.

In any event, I hope the above is useful, and good luck on the day.