Media Law of United Kingdom

Media Law of United Kingdom

• Suman Acharya

There is no written constitution in UK. The declaration of European Convention is only the document which works as a written constitution. To analyze the legality of any issues, Declaration of EU, Act, Precedent, Custom and Usage etc are analyzed as original sources of legal interpretation. There is no separate law for press however all the legal provision prepared for common people should be bounded by press world of UK too. While the UK has no written constitution, the courts often refer to constitutional principles including freedom of speech and expression.

Some of the laws to control the citizen of UK are as follows.

1. D-Notice
2. Sexual Offence Act 1976 and 1992
3. Criminal Justice Act 1925, 1987, 1991
4. Children Act 1989
5. Copyright, Design and Patent Act 1988
6. Criminal Justice Act 1925, 1987
7. Public Order Act 1987
8. Official Secret Act 1987
9. Local Government Access to Information Act 1985
10. Contempt of Court Act 1981
11. European Convention 1972
12. Obscene Publication Act 1959
13. Defamation Act 1952
14. Judicial Proceeding (Regulation of Reports) Act 1926

The divorce case in UK is proceeded only little in court openly. This provision is established there to give the secrecy of the privacy. Judicial Proceeding (Regulation of Reports) Act 1926 has allowed following issues of divorce in media.

1. Name, Address and occupation of the plaintiff and defendant
2. Descriptive synopsis of case, defense and evident of the issues
3. Legal point only on the proceeding and verdict of the court
4. Commentary, statement and verdict of the judges

News can be published only after the end of the statement of all the witnesses. Obscene material related to public case or indecent material of the case shouldn’t be published.

‘D’ Notice

D Notice committee consists of representative of media and armed services. The purpose of this notice is to identify those subjects whose discussion is damaging in the society. It is an entirely voluntary system and many media organizations take a principled position that they will have nothing to do it. The scope of the notice is as follows

1. Photo snaps of the defense numbers and mechanism

2. Description of the defense plan and efficiency

3. Ammunition of the defense

4. Atomic weapons

5. Electronic equipment and dissemination]

6. Military language code and system

7. UK defense and secret information services

8. Preparation of war and defense

Defamation

A statement is defamatory if it brings the plaintiff into hatred, ridicule or contempt. Jury decides if the statement produces the ground of defamation or not unless the judges give their verdict. The plaintiff must show that the statement refers to him or her.
This is easy if the plaintiff is named. However, anonymity will not protect the media if some readers will be able to infer that the plaintiff is the object of the statement. The intention of the defendant is immaterial if the inference is a reasonable one. Balance of probabilities should be established by both sides.

Official Secret Law

The official secret Act 1989 uses the criminal law to guard against the disclosure of state secrets. The main discloser offences all carry the right to jury trial and maximum penalty of two years imprisonment. Members of the intelligence services are prosecuted for unauthorized revelation of information. The first prosecution depends on whether the issues are true secret or not. However, official secret case in terms of media is rare in UK. No legislation exists to protect whistleblowers too.

Contempt of Court Act 1981  

One of the aims of the criminal law of contempt is to punish and prevent trial by newspapers. It is only major criminal offences which carries no right to a jury trial. The offence can be punished by an unlimited fine and up to two y\ears imprisonment. Prosecutions are usually instigated by the Attorney-General but occasionally the judges will act on his or her own initiative.  There is also the provision of common law contempt separately.

If somebody gives the information of most wanted person, it won’t produce this ground. No proceeding of the court can be tape-recorded. Legal proceeding of the case should be verified by the journalists. Otherwise, upshot should be accepted by publisher or journalists. Media shouldn’t do following thing; other wise will produce the ground.

1. If the publication and dissemination of the case produces the legal danger
2. If the case is running but not decided as verdict.

Press Complaint Commission:

A revised Press Complaints Commission was established in 1991 in UK. This body was not given the role of championing the freedom of the press but only that of protecting the public. A new code of practice set out standards on accuracy, fairness, privacy, chequebook journalism, race, financial journalism, protection of sources. This commission is constituted by six lay members and nine press members, which is funded by newspapers. It retains many functions of the press council. Many newspapers have recruited Press Ombudsman.

Press Council

A press Council was originally established in 1953 to remove the specter of restrictive statutory regulation. It was voluntary body staffed by media representative and exercised dual role like listening complain from public and advocating in the favor of press freedom.

Malicious Falsehood and Privacy Law:

There is no separate privacy law but the law related to malicious falsehood used to control such an issues. This is the different than the libel but which arises the similar circumstances. Malicious falsehood consist the publication of words which causes harm. The harm may, but need not, reputation which is targeted to make lose them in financial matter and other.

1. No individual can enter in the private property to get personal information without permission.
2. Nobody can inspect the property of other unnecessarily.
3. No body can take the pictures or tape record the voice without permission which is not applied in criminal issues or in the process of the revelation of crime.

Trespass Act, Act against exploitation, copyright, defamation and many more regulates the press freedom in UK.

Sexual Offences Act 1976 and 1992

This Act has protected the publication of the name and address of the raped woman. If the defendant wishes, in that case, it can be published. If the court thinks that revelation of the case of a woman is necessary, they can publish the name and address in the favor of social welfare. There are so many laws which denounce the sexual exploitation.

Violation of such issues can produce the ground of compensation by civil code and of imprisonment by criminal code. Such case isn’t filed in the court because the amount of compensation can be huge sum which is tried to be settled outside the court. The reputation and goodwill of the people are largely protected by British Law.

The criteria of the Libel

1. Voice disseminated by radio, TV can be libel according to the Broadcasting Act 1990.
2. Scold expressed in performance of drama will be libel according to Theater Act 1968.
3. Scold made via Cable TV is Libel according to the Broadcasting Act 1990.

While deciding the defamatory case, judges give following guideline to jury to proceed the case.

1. If the written and oral statement produces hatred, contempt and humiliation or not.
2. If the statement makes indecent in society or not
3. If is prestige is lowered in genuine society or not
4. If the person feel disrespected in his occupation or not

Access to the Local Government Information

Rights of access to local government information are greater than the information held by the national government. Council and committee meetings are open to the press and public unless certain categories of statutorily exempt as a reason of secrecy. Local government information is important for environmentalist like pollution, dump management and other which are also the issues of the media.

Prior Restrain:

Historically prior restrain referred to licensing requirement. Licensing of broadcasters and other electronic media is still the norm but virtually non-existent for the print media.

Prevention of Terrorism (Temporary Provisions) Act 1989

This law provides for compulsory disclosure of journalistic material. Non-compliance can result in the institution of criminal proceedings for contempt of court. Any issues found on the connection of the Northern Ireland can be subjected into the investigation. Media should support government.

Blasphemy, Obscenity and Protection of the public Morals

Offences regarding obscenity are created by the Obscene Publication Act 1959 which is a criminal offence. According to this law, blasphemy and immoral publications are prohibited.

Restrictions on Advertisement

The advertising standard authority is a private body set up by the advertising industry. It monitors code of practice in order to ensure that advertisements are legal, decent, honest and truthful. Newspapers won’t accept advertisement which is below the standard of this advertisement.

Access to and disclosure of legislative documents and proceedings

The Bill of Right 1688 states that ‘the freedom of speech and debates of proceeding in parliament ought not be impeached or questioned in any court or place outside parliament. Hence the members of the House of Commons and House of Lords are guaranteed immunity against court proceeding concerning statement in parliament. Within house statement is privileged but outside house statement isn’t privileged.