Media Law
Content
1. The Themes of Media Law
- Key Provisions
- Importance of Media Freedom
- The Rights of Journalists
- The Special Regulation of the Broadcasting Media
- Media Freedom and Freedom of Expression
- The Internet and Media Regulation
- Prior Restraint
- Censorship and Prior Restraints
- The influence of the ECHR
2. The Impact of the ECtHR Cases on the Media
- The European Convention and the Human Rights Act 1998
- Art 10: Freedom of Expression and the Right to Receive Information
- Interaction between art 6 and 10
- Use of Art 10 Must be Necessary and Proportionate
- Limits to the Scope of Art 10
- The Art 8/10 Balance
3. Defamation
- Defamation Act 2013 – Key Provisions
- The Competing Interests – Expression and Reputation
- Libel
- Slander
- Elements of a claim: DEFAMATION
- Defences: Truth, Honest Opinion, Public Interest Defence, Privilege, Common
Law Qualified Privilege, Role of Malice, Statutory Qualified privilege, Absolute
Privilege, Offer of Amends & Innocent Dissemination
- Remedies: Damages & Injunctions
4. The Action for the Misuse of Private Information
- Basis of Claims before HRA
- Relationship between Common Law and Art 8
- Relevant English Cases
- Relevant Cases – Sexual Conduct
- Higher Awards of Damages
- Cases involving Children
- Injunctions in Criminal/ Investigations/ Proceedings/ Rehabilitation
- ECtHR Cases
5. Contempt of Court
- 2 different types of contempt
- The Strict Liability Rule
- Substantial risk of serious prejudice
- The Sunday times case – the need for a new statute
- The Contempt of Court Act 1981 (CCA)
- Defences: s3 CCA – Defence of Innocent Publication of Distribution
- Defence: s4 CCA – Contemporary Reporting of Court Proceedings
- Defences: s5 CCA
- Contempt at Common Law
, - Sanctions for contempt: s14
6. The Protection of Journalistic Sources
- Why do journalistic sources need protecting?
- The Strasbourg Court
- The Council of Europe: their views
- CCA s10 – Headed “Sources of Information” – the English Cases
- The Driving Force Behind the Enactment of the CCA – the influence of
Strasbourg
- Cases since the CCA – the English & Strasbourg Cases
7. Reporting Restrictions
- The CPR Rules (As amended in Oct 2016)
- Types of hearings
- Case Law on Hearings in Chambers
- General Rules on Excluding the Public
- What kinds of orders can a judge make – s4(2) CCA?
- Other Media Restrictions: Victims of Sex Offences & Anonymity of Witnesses
- Youth Justice and Criminal Evidence Act 1999 – Special Measures
- Anonymity for Suspects / Adult Witnesses
- Anonymity Orders
- The narrowness of Anonymity given to Vs
- Children & Young Persons – (1) CSFA 2010
- s39 Children and Young Persons Act 1933: Civil Proceedings
- Statutory Restrictions on Reporting Proceedings Concerning Children
- Criminal Proceedings – s45 YJCEA 1999
Content
1. The Themes of Media Law
- Key Provisions
- Importance of Media Freedom
- The Rights of Journalists
- The Special Regulation of the Broadcasting Media
- Media Freedom and Freedom of Expression
- The Internet and Media Regulation
- Prior Restraint
- Censorship and Prior Restraints
- The influence of the ECHR
2. The Impact of the ECtHR Cases on the Media
- The European Convention and the Human Rights Act 1998
- Art 10: Freedom of Expression and the Right to Receive Information
- Interaction between art 6 and 10
- Use of Art 10 Must be Necessary and Proportionate
- Limits to the Scope of Art 10
- The Art 8/10 Balance
3. Defamation
- Defamation Act 2013 – Key Provisions
- The Competing Interests – Expression and Reputation
- Libel
- Slander
- Elements of a claim: DEFAMATION
- Defences: Truth, Honest Opinion, Public Interest Defence, Privilege, Common
Law Qualified Privilege, Role of Malice, Statutory Qualified privilege, Absolute
Privilege, Offer of Amends & Innocent Dissemination
- Remedies: Damages & Injunctions
4. The Action for the Misuse of Private Information
- Basis of Claims before HRA
- Relationship between Common Law and Art 8
- Relevant English Cases
- Relevant Cases – Sexual Conduct
- Higher Awards of Damages
- Cases involving Children
- Injunctions in Criminal/ Investigations/ Proceedings/ Rehabilitation
- ECtHR Cases
5. Contempt of Court
- 2 different types of contempt
- The Strict Liability Rule
- Substantial risk of serious prejudice
- The Sunday times case – the need for a new statute
- The Contempt of Court Act 1981 (CCA)
- Defences: s3 CCA – Defence of Innocent Publication of Distribution
- Defence: s4 CCA – Contemporary Reporting of Court Proceedings
- Defences: s5 CCA
- Contempt at Common Law
, - Sanctions for contempt: s14
6. The Protection of Journalistic Sources
- Why do journalistic sources need protecting?
- The Strasbourg Court
- The Council of Europe: their views
- CCA s10 – Headed “Sources of Information” – the English Cases
- The Driving Force Behind the Enactment of the CCA – the influence of
Strasbourg
- Cases since the CCA – the English & Strasbourg Cases
7. Reporting Restrictions
- The CPR Rules (As amended in Oct 2016)
- Types of hearings
- Case Law on Hearings in Chambers
- General Rules on Excluding the Public
- What kinds of orders can a judge make – s4(2) CCA?
- Other Media Restrictions: Victims of Sex Offences & Anonymity of Witnesses
- Youth Justice and Criminal Evidence Act 1999 – Special Measures
- Anonymity for Suspects / Adult Witnesses
- Anonymity Orders
- The narrowness of Anonymity given to Vs
- Children & Young Persons – (1) CSFA 2010
- s39 Children and Young Persons Act 1933: Civil Proceedings
- Statutory Restrictions on Reporting Proceedings Concerning Children
- Criminal Proceedings – s45 YJCEA 1999
