Knowing the law around Media and how it affects Journalism can act as a distinguishing mark. Instead of being classed as a 'citizen journalist' (one that needs no professional training or qualifications - that is to say, anyone from the public) you will be make a better journalist.
Becoming aware of the pitfalls within the profession is vital, without an understanding of Media Law it is possible to find yourself in a situation that could result in your career coming to a swift end. For example, if a claim in a report turns out to be inaccurate, it is highly likely to result in appearing in court for libel. This in itself gives a negative reputation to that particular journalist, suggesting that he is unreliable, untrustworthy of producing factual work.
It seems a simple point, but it's important to know when to stop and think. A fantastic story may take your fancy, but whilst writing the exposé of the year, be sure to check nothing written carries any legal implications. Don't sleep walk your way into problems, you'll only pay for it in the end.
Although the United Kingdom has an established legal system, it is not contained within a written constitution unlike other countries such as the US. In contrast, it is made up from a variety of sources such as historic documents (the Magna Carta), Statute Law (Acts of Parliament, notably the Act of Settlement 1701) and case law (the decisions reached by judges and juries). At the same time, UK law has been affected by the European Convention on Human Rights and the Human Rights Act. Within the Human Rights Act, Articles 8 (a right for privacy) and Article 10 (a right to freedom of speech) are relevant to journalists.
The UK legal system works on the basic principle that the law is a contract between the monarch and the citizen. We obey the law in return for the monarch ensuring our access to justice and freedom of action. This however does not give a person complete free rein, as these actions cannot infringe on the rights of others, security of the state or public order.
The Queen herself, as head of state is immune from any prosecution. This is also the same for other heads of state, but this immunity only continues whilst they hold the office. The Queen holds her office until she dies.
Stephen Bates in an article for The Guardian online (Is the Queen Above the Law?) dryly states if 'she found herself without money to buy something and decided to do a runner - an unlikely prospect - she would not get done for shoplifting'. This issue of immunity also caused a stir during the Diana inquest in 2007, with the possibilty of the Queen being called to give evidence at court. The idea of Regina v Regina was a rather strange thought.
Moving further into the Legal System, prosecution is always in the name of the crown within the Criminal Courts. On the other hand, the Civil Court doesn't involve the state and are disputes between two parties. To make things a little more complicated, Scotland and Northern Ireland have thier own legal systems. When reporting nationally, this must be remembered and taken into account.
At the top of the English court hierarchy is The Supreme Court, held in Middlesex Town Hall where the Law Lords sit. Below this is the Court of Appeal and then The High Court. After this, the Civil and Criminal Courts are divided separately. For Criminal Courts, The Crown Court is below The High Court and then the Magistrates Court. The Civil Courts follow The High Court firstly by the County Court and then Tribunals (usually for Industrial disputes).
This basic introduction to the Legal System will help as a foundation for further information on Media Law in following weeks.
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