Media Law Questions

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Define 'Common Law'
Built on the law of precedent, following the decisions of previous cases. An example is murder.
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Define 'Remand on Bail'
When someone is awaiting trial. Bail is a promise, and is often given with conditions. For example, having to report to a police station. The opposite of ‘remand in custody’.
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Define 'Malicious Falsehood'
Saying something that is not defamatory, but is not true either and could cause commercial harm. For example, 'x has retired'
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Define 'Robbery'
Theft with force or threat of force that would put a reasonable person in fear. For example, taking a handbag.
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Define a 'Preliminary Hearing'
A hearing, usually at a magistrates court before any trial.
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What makes it illegal to publish a photograph taken in court?
Section 41 of the Criminal Justice Act 1926
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What does Section 41 of the Criminal Justice Act 1926 make illegal?
It is illegal to take any photograph or use a recording device, or make any sketch in a court or its environs (or publish any such picture)
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What law protects victims of sexual assault?
Section 1 of the Sexual Offences (amendment) Act 1992
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What does Section 1 of the Sexual Offences (Amendment) Act 1992 state?
It is illegal to publish any matter which is likely to lead members of the public to identify, during his/her lifetime, the person who is the victim/alleged victim of that offence.
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What bits of information are particularly banned under the SOAA 1992?
You may not publish any names, addresses, schools, workplaces or pictures.
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What restricts magistrates reportings?
Section 52A of the Crime and Disorder Act 1998
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What 7 things CAN you report on a magistrates hearing?
1. Name of court & magistrates - 2. name, age, addresses, occupations of defendants/witnesses - 3. charges (full or summarised) - 4. Solicitors and barristers - 5. If the case is adjourned & when/where to - 6. Arrangements to bail - 7. Legal aid
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Who owns copyright?
Anyone who has used has used skill, labour, creativity and/or judgement to create something.
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What law is copyright under?
Copyright Designs and Patents Act 1988
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Who owns copyright if a photograph is commissioned?
The photographer. The person who commissioned the photo and/or is in the photo owns moral rights.
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What can you do if someone has breached your copyright?
get a High court or county court injunction to stop the publishing, sue the rival paper for damages and/or order all infringing copies of the work to be handed to the copyright owner and destroyed.
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What can you publish when writing a book review?
Up to 5% extracts, with correct acknowledgment.
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A warrant has been issued - what does this mean?
Proceedings are active.
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What applies when proceedings are active in a case?
Contempt of Court Act 1981 strict liability rule applies.
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What does CCA 1981 strict liability rule say?
you must not publish anything which could cause substantial risk of serious prejudice or impediment to particular proceedings.
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A police press conference issue a statement that would be contempt of court. Why can you publish it?
There is no defence in law but the Attorney General said media have nothing to fear from publishing in reasoned terms a police appeal for help. No media has ever been prosecuted in these circumstances.
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Other cards in this set

Card 2

Front

Define 'Remand on Bail'

Back

When someone is awaiting trial. Bail is a promise, and is often given with conditions. For example, having to report to a police station. The opposite of ‘remand in custody’.

Card 3

Front

Define 'Malicious Falsehood'

Back

Preview of the front of card 3

Card 4

Front

Define 'Robbery'

Back

Preview of the front of card 4

Card 5

Front

Define a 'Preliminary Hearing'

Back

Preview of the front of card 5
View more cards

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