So this week we delved into law. Something which many of those who commentate on journalism like Professor Tim Luckhurst of Kent University who believes it to be one of the main distinctions between a professional journalist working for a conventional media outlet like BBC news as a vital skill for a journalist.
One of the key things I’ve for law whilst looking for through my law notes and something which applies heavily to contempt of court. Ethical consideration has been hardwired into the law. To demonstrate this I’ll apply this to certain instances in the law:
Section one of the Sexual Offences (Amendment) Act 1992 states:
- Any matter which is likely to lead members of the public to identify the person during his/her lifetime at the victim/alleged victim of that offence, including in particular:
- His/her name,
- His/her address,
- The identity of any school or other educational establishment attended by him/her,
- The identity of his/her place of work,
- Any still or moving picture of him/her.
As you can all of these points above take into consideration the victim life’s afterwards and how to reduce the shear distress we could be inflicted on them. However it could be argued the same treatment isn’t shared with the defendant whose identity can be revealed and depending on the media be exposed completely to the public.
Another example to cement who ethics have been hardwired in the law would be in the sexual offences act 2003 clause 7 headed ‘Children in sex cases’ in ‘which any press report of a case involving a sexual offence against a child:
- The child must no be identified
- The adult may be identified
- The word ‘incest’ must not be used a where a child victim might be identified;
- Care must be taken that nothing in the report implies the relation between the accused and a child. ‘
Again this is ethically sound by society’s standards however room for discretion of a reporter has been left. ‘The adult may be identified’, this again leaves room for ethical consideration by a reporter if it’s suitable for all the details to be revealed about a defendant.
During our session Alex asked us to develop some legal questions for his mid week drive time show. Here are two which stick out in my mind:
- With some ridiculous laws still valid in today’s courts like ‘It is illegal to leave baggage unattended.’ How does one avoid prosecution for what could be considered quite silly and obtuse laws ?
- In terms of creative writing how careful should writers be with taking inspiration from event, person(s) and organisations? And if ever threatened with legal action like libel or copyright how should they react ? An example would be- http://www.mania.com/tony-twist-todd-mcfarlane-settle-lawsuit_article_53683.html