Emily Bell, one of the world’s most highly respected commentators on media, has written a post for the Columbia Journalism Review that draws together strands of important thinking on the dilemmas involved in terrorism fed by social media, and the emerging wisdom on the ethics involved for mainstream media in following it. Messages include: “Do not report facts until they are verified, do not focus on the perpetrator over the victims, do not use sensational language that might glamorize the terrorist.” Read it here (and find many more internationally-focused articles on the media in the same place).
A former MP complained of breach of privacy after The Sun published photographs of him allegedly “nuzzling” his face in a friend’s breasts. The Independent Press Standards Organisation found in favour of the MP on privacy grounds, saying there was no public interest justification. A further complaint on grounds of accuracy was not upheld. Press Gazette’s account of the saga shows the reasoning behind the ruling. Read it here.
Journalists protested when some courts announced they would no longer supply the media with lists of cases that were due to be heard – including charges and details of defendants – because of the General Data Protection Regulation. The Ministry of Justice quickly corrected the “misunderstanding”. Read more.
Media law trainer David Banks wrote a provocative blog post on the affair, in which he also asked why the lists are not available to the public.
The 24-hour shutdown of Gatwick Airport, caused by a drone, became a media law story when a man and woman were wrongly arrested for causing the havoc – and their names were widely published. The Mail on Sunday splash headline read: “Are these the morons who ruined Christmas?”
One commentator quoted by Press Gazette said their case had echoes of the coverage of the arrest of Sir Cliff Richard, for which he was awarded £210,000 damages against the BBC. He was never charged. The case reshaped the landscape regarding privacy and media freedom.
In a Guardian blog, Professor Roy Greenslade said the affair was reminiscent of the case of Christopher Jefferies, the innocent man who suffered character assassination in the media after being briefly detained in connection with a Bristol murder. But he also noted the public interest in disclosure.
The same Press Gazette report quoted Gill Phillips, the Guardian’s director of editorial legal services, warning that privacy claims were now taking the place of defamation cases – with smaller but still punitive costs involved. Privacy cases offered no defence of truth, and ambiguity over the potential defence of public interest.
Couple wrongly arrested over Gatwick drone chaos could have ‘strong’ privacy claim against newspapers in wake of Sir Cliff ruling
Couple in drone incident hit out at media coverage of arrest but press point to police farce
MPs repeat call for ‘Cliff’s Law’ to stop suspects being named before charge after Gatwick drone front pages
The press ruins Christmas for former drone suspects – Roy Greenslade
An injunction to stop the Daily Telegraph exposing alleged sexual and racial abuse by a businessman was “a devastating blow” to press freedom, the paper said in six pages of coverage.
The Court of Appeal granted an injunction to stop the paper naming the “leading businessman”, because the story probably arose from a breach of non-disclosure agreements – in which employees are paid money to stay silent.
The Telegraph said the ruling was “contrary to the age-old principle against prior restraint of the press”, which traditionally said the media should not be prevented from publishing stories that people wished to suppress – on the basis that they could be sued if the story was unjustified.
The editor said he was confident the junction would be overturned.
Prime Minister Theresa May said in the Commons that NDAs were being used unethically. Labour MP Jess Phillips said: “It seems that our laws allow rich and powerful men to pretty much do whatever they want as long as they can pay to keep it quiet.”
The British #MeToo scandal which cannot be revealed
Opinion: The public have a right to know when the powerful seek to gag the vulnerable
Telegraph gagged by injunction
Journalists don’t have the same freedoms in the family court as they do in others, but in a test-run aimed at improving transparency, lawyers who also blog are to be allowed to report cases. But they must prove their credentials. It’s only for a trial period. Read more (August 2018).
Journalism students spent a week monitoring 300 cases at Bristol magistrates’ court and found 50 of them to be newsworthy, but only saw a professional journalist on the third day of the exercise. They found deficiencies in the justice system – some of them pointed out by a magistrate. Read more in The Justice Gap.