Media Law

?
Double Jeoardy?
Can't be aquitted for the same crime twice unless new evidence
1 of 65
Either Way?
Can go to either crown or magistrates
2 of 65
Suspended sentence
Activated if reoffend
3 of 65
Consecutive Sentence
One sentence runs after another
4 of 65
Absolute Discharge?
Conviction but no sentence/charge
5 of 65
Conditional Discharged
Doesn't serve and let free unless conditions are breached
6 of 65
Bound Over
good behaviour or face paying fine
7 of 65
concurrent sentence
sentence run alongside each other (serve longest one)
8 of 65
libel
a false statement published that could harm a persons reputation
9 of 65
who hears lesser (summary) crimes?
Magistrates
10 of 65
Who hears civil cases
County or higher
11 of 65
how long can you be charged for at magistrates
6 months per sentence 1 year in total.
12 of 65
Automatic ID ban in youth court under what law?
Section 49 of Children's and young persons act 1933
13 of 65
What order must mags place if a child in adult court?
S45
14 of 65
Scope of section 49 says can't publish?
Name, Address, School, Picture, Witness/victim juvenile in the case.
15 of 65
Section 49 lifted if?
Public Interest, Juvenile on the run, Interest in justice.
16 of 65
Usually invoked if
Juvenile is persistent offender, as a deterrent to others, public is aware of offender in commmunity
17 of 65
Who is allowed in youth court?
Bona Fide members of the press
18 of 65
Under what act must mags pass ID ban in adult court for children?
Youth justice and Criminal Evidence act 1999
19 of 65
When does annonimity expires?
18
20 of 65
Denied bail mean?
Remanded into custody
21 of 65
Under what conditions would bail be denied?
Absconding, For own safety, Interfering with witness, thought to commit again, has commited on bail before
22 of 65
What can media report?
Bail conditions
23 of 65
How long can you be held for questioning?
24 for summary, 36 for inditable, 14 days for terrorism, can apply for extension.
24 of 65
How long can you be on bail for?
28 days, can be expanded to 3 months.
25 of 65
When does questioning have to stop?
Once charged.
26 of 65
ISADEX method
Identify, State, Apply, Draw Conclusions, Examples
27 of 65
Banbury CID case study
12 detectives sued. media accused a detective of R
28 of 65
Novelist Jeffery Archer vs News of the world
Headline "Archer pays £2,000 to high class call girl. Couldn't be proved
29 of 65
Robert Dee
Truth Defence example. Figures showed England's worst tennis player.
30 of 65
David Soul vs Matthew Wright
Critised Soul's show as "Worst on west end" honest opinion failed as didn't go to see it
31 of 65
Who tweeted innuendo tweet about Lord McAlpine suggesting guilt in a sexual offence case?
Sally Bercow
32 of 65
Who's report did the Sun use in breach of fair dealing?
Kent Messenger
33 of 65
Who sued the AA for using their maps without permission and breaching copyright?
The ordinance survey
34 of 65
Why was The Sun sued by a photographer?
Took a picture of the princess Monaco without permission
35 of 65
Who did the BBC get sued by over use of video clips?
BSB SKY
36 of 65
Who did Chris Jefferies sue over contempt?
The Sun and The Mirror
37 of 65
Who were the two people involved in the case where the 2nd trial collapsed due to contempt?
Rachel Cowles and Levi Bellfield
38 of 65
Who was allowed to print identity after prisoner on the run?
Roal Moat
39 of 65
Who gives assurance to publish identity for police help appeal?
Attorney General
40 of 65
How much was the sun fined for publishing murder accused picture despite police planning an identity parade?
£80,000
41 of 65
What is the copyright act?
Copyright, Designs and Patent act 1988
42 of 65
What does it protect
Intellectual property, words images etc.
43 of 65
How much does fair use allow people to use?
30%
44 of 65
What can be used under fair dealing?
Short video clips
45 of 65
Can news be copyrighted?
No facts are facts. Just the way it is presented.
46 of 65
What is accord and satisfaction?
Both parties agree on an apology
47 of 65
What is offer of ammends?
Media offers a sum of money before court case to settle dispute. can result in discount of damages
48 of 65
Innocent dissemination means?
Section 1 defence. Don't moderate take down comments when alerted.
49 of 65
Absolute priveledge is?
Applies to court & parliment. conditions fair, accurate, contemperaneous
50 of 65
Honest opinion defence applies to
reviews, comment pieces etc.
51 of 65
Truth is a difficult defence because?
Have to prove statement and any inference arising from it.
52 of 65
All these are defences of?
Defamation
53 of 65
What is defamation?
Attack on someones personal/professional reputation
54 of 65
DIP test has to be passed. What does it include?
Is statement Defamatory, does it identify person, was it published?
55 of 65
What act covers defamation?
Defamation Act 2013
56 of 65
Okay to not name if group is over?
25
57 of 65
What do companies have to prove when suing?
Financial Loss
58 of 65
Contempt Defences
Unaware case is active, contemperaneous report of court story in good fair, reporting public affairs in good faith.
59 of 65
What can't you write when the case is active?
Anything that causes substantial risk of serious prejudice
60 of 65
When is a case active?
Arrest is made, arrest warrant or summon is put out. someones been charged
61 of 65
What offence is it to discuss jury votes/discussions had?
20d of the juries act 1974
62 of 65
Offence to take pictures in/outside court under what act?
Section 41 of the Criminal Justice Act 1925
63 of 65
What communications can be made
text based
64 of 65
How many people in a jury?
12
65 of 65

Other cards in this set

Card 2

Front

Either Way?

Back

Can go to either crown or magistrates

Card 3

Front

Suspended sentence

Back

Preview of the front of card 3

Card 4

Front

Consecutive Sentence

Back

Preview of the front of card 4

Card 5

Front

Absolute Discharge?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Journalism resources:

See all Journalism resources »See all Media Law resources »