Media Law Case Studies NCTJ with answers graded A+

Media Law Case Studies NCTJ EXAMPLE OF CONTEMPT OF COURT - PREJUDICING JURY - correct answer Chris Jefferies v Daily Mirror/The Sun [2011] CJ arrested but never charged with murder. Vilifying headlines next to images of CJ gave impression he could have committed crime. (character assassination) Papers fined £50,000 + £18,000 EXAMPLE OF NO CONTEMPT OF COURT - PROCEEDINGS INACTIVE - correct answer The Sun published a story about Arthur Simpson-Kent confessing to killing ex-EastEnders actress Sian Blake and her two sons. Their coverage was safe, because proceedings under the Contempt of Court Act 1981 were inactive. Legally, proceedings are activated by an arrest, or the issuing of a warrant. But Simpson-Kent was arrested in Ghana, so COCA was Irrelevant. And the UK authorities do not need a warrant to extradite him from a non-EU country. The request is dealt with by official Papers. Arthur Simpson-Kent was brought back to the UK and charged. And that's when proceedings became active. He was convicted and jailed for life. Example of no contempt of court before proceedings were active - correct answer Sport on farmer David Evans in 1988: Sport revealed Evans' previous convictions BEFORE a warrant had been issued. On trial for common law contempt, the ATTORNEY GENERAL failed to show that the paper appreciated proceedings were 'apparently imminent'. EXAMPLE OF SECTION 5 DEFENCE - correct answer Dr Leonard Arthur v Sunday Express + Daily Mail [1981] - Publication comments alleging that dr let baby starve. SE fined £1000 + group £10,000. DM denied contempt arguing article discussing mercy killing - found not guilty DEFAMATION OF WHOLE GROUP EXAMPLE - correct answer Riches and others v News Group Newspapers 1985 - Newspaper published an allegation that detectives at Banbury CID had raped a woman. Newspaper did not name those allegedly involved - all 12 detectives successfully sued.