Sources, Twitter And Photography At Court Flashcards
Section 9 Contempt of Court Act 1981 bans…
Using any recording device in court
Taking a device in court
Broadcasting any recording of court
IPSO Section 14 confidential sources says…
A journalist who promises to keep a sourced identity confidential should honour promise
How do you protect the identity of a source?
Use a pseudonym
Avoid digital footprint - no emails, texts etc
Meet face to face
Avoid phone recordings - use shorthand
Pay as you go phones
Encrypt emails
Keep notes in secret places
What does contempt of court act 1981 sec 10 say?
A journalist may refuse to reveal his source in a court hearing unless:
it is in the interests of national security
in the interests of justice and
for the prevention of crime and disorder
What guidance does the college of policing provide?
Media have a duty to report an accident or crime
Police must provide the media a vantage point if the scene is condoned off
Officers can not restrict or prevent the media from filming
Officers cannot demand deletion
Officers can only demand seizure if the pic or footage is suspected to contain evidence of the crime. Once a journalist has left the scene the only way police can seize images is through a court order
What is the public order act 1986?
What is sec 5 of this?
Arrest for breach of the peace
Sec 5 allows arrest if anyone uses threatening or abusive behaviour or disorderly behaviour
What is section 137 of the highways act 1980?
An offence for someone without lawful authority or excuse to obstruct free passage along a highway in any way
- allows police to arrest journalists in a public place who fail to move when asked to do so
What is section 89 of the policing act 1996?
Says that a person commits an offence if they resist or wilfully obstructs a Constance in the execution of this duty or a person assisting a constable in the execution of his duty - doesn’t have to be physical - could be persisting to take photos and arguing with an officer
What are the points to remember when deciding if a civil law on photography is broken?
Was the person filmed in a place where they had a reasonable expectation of privacy?
Have the media persistently hart added the person?
Was the person in a condition situation or event giving rise to a reasonable expectation of privacy even though they could be seen in a public place? Eg mentally ill and receiving therapy Campbell case
Is the person a child and the remote more likely to be traumatised by whatever picture is taken or published?
Is there a public interest factor which could override their privacy?
Is the photo already widely published meaning that banning publication is pointless?
What does the sec 41 of the criminal justice act 1925 make it illegal to?
Take or try take any photo/ film or
Make or try to make with a view to publication any portrait or sketch of
- any person in court it’s building or within its precincts
- any person entering or leaving a court building or its precincts
Publish such a photo film portrait or sketch
What is the punishment of breaching a section 41 order?
A fine of up to £1000
How do court artists comply with the section 41 rules of sketching in court?
The artists can sit in the public bench and must memorise the scene and characters but must do the actual sketching elsewhere
What is molestation and what counts and what doesn’t?
Interference with the administration of justice
What counts -
Stalking defendants or witnesses as it may deter them from or other witnesses from giving evidence
What doesn’t -
Running after a defendant for a short while in order to photograph them
What is the penalty of breaching a sec 9 of the 1981 act?
Up to 2 years imprisonment and or an unlimited fee
What must a journalist do if they want to record in court for the purpose of note taking?
According to rule 6.9 of the criminal procedure rules
They must apply to the court as soon as reasonably practicable
Notify the parties in the case and anyone else in the court
Must explain why the court should permit the use of an audio recorder and why publication of the recording should be permitted if proposed
