Start each answer on a new page and double space your copy. Save your work at regular intervals throughout the examination.

Transcription

1 National Qualification in Journalism: England & Wales MEDIA LAW AND PRACTICE EXAM plus MARKING GUIDE Website sample Time allowed: 1 HOUR 20 MINUTES Instructions: You must answer ALL THREE questions. Remember that if a question in this paper asks how you would tackle an assignment or problem, unless it specifically tells you otherwise, you should answer by stating how you would deal with such a situation for your newspaper. At the top of the first page put your candidate number and examination centre. At the top of each following page put your candidate number and the page number. Page numbers may be written by hand after printing. No other hand-written additions or changes should be made. Start each answer on a new page and double space your copy. Save your work at regular intervals throughout the examination. You may print your copy to check during the examination. Please ask your invigilator. At the end of the exam, print out two copies of your paper. You may refer to a dictionary, your copy of McNae s Essential Law for Journalists and the Press Complaints Commission Code of Practice during this part of the examination. No other textbooks or notes are permitted. Information: The maximum score for this paper is 100 marks. 60 per cent is the pass mark. The Examining Body for this paper is the NCTJ.

2 Question 1 You are sent to magistrates court to cover the day s cases. You notice that a courtroom normally not in use appears to be open. When you look inside you notice a man in the dock who you recognise as the assistant chief constable of your local constabulary. A copy of the court lists on the wall confirms this, although no reference is made to his rank. An usher approaches you and tells you the court is sitting in closed session. a) What is your response to the usher? You listen to the beginning of the case, in which the assistant chief constable is accused of indecent assault. His solicitor makes an application to magistrates for an order under S11 Contempt of Court Act 1981, asking that his client s address be withheld because of security concerns. b) What would your response be to this? What law or cases would you refer to? The Crown Prosecution Service solicitor outlines the case against the assistant chief constable, and explains that he is accused of indecently assaulting a female detective chief inspector during an interview. The CPS solicitor said: The accused indicated that the interview would go well, were the officer to acquiesce to his sexual demands. He then assaulted her. The assistant chief constable s solicitor says that his client will be denying the offences and will choose trial at Crown Court. The magistrates remand the defendant on bail on condition that he does not approach the prosecution witnesses. c) What can be reported from this part of the hearing? Explain your answer. (20 marks) As the hearing draws to a close, a man bursts into the court and shouts at the defendant: You re a pervert, you ve ruined my daughter s life. The man is taken out by ushers. As the defendant leaves the court, he turns to you and says: I m innocent, this whole thing is a dreadful mix-up, I didn t do anything wrong. d) What can you report from the outburst and the defendant s remarks? Explain your answer.

3 Marking guide Question 1 a) S121 Magistrates Court Act 1980 (1 mark) allows public access to trials (1 mark), S4 same Act allows access to remands and committals, so you get in regardless. (1 mark) Reward candidates who say that the 1980 Act says magistrates must sit in open court unless the ends of justice would not be served. (2 marks) b) Reporter should cite Lord Justice Watkins (2 marks) - S11 was not enacted for the comfort of defendants (2 marks) and so cannot be used to exclude, for instance, their address. (2 marks) Also as name, address is on court list R v Arundel Justices 1985 (2 marks) A S11 order cannot make secret a name that has already been spoken in open court, or put on the court list (2 marks). c) This might be going too far outside 10 points of the Magistrates Court Act 1980 (1 mark) which apply as it s going to Crown Court (1 mark), as it would appear to be evidence, which is not allowed to be reported (1 mark) although it depends what is on the charge sheet and the reporter should ask to see it for full detail (2 marks). (Up to 4 marks for correct details of what is allowed to be reported) Also, too much detail about victim who gets life time anonymity (2 marks) under Sex Offences Act 2003, (1 mark) which specifies that name, address, workplace, photograph or any other information that could lead to identity must not be published and as that would not many women DCIs this should be excluded (1 mark). Nothing wrong with solicitor s indication of denial, though it s not in 10 points. (1 mark) Although the fact that a defendant had elected trial by jury is not among the 1980 Act s 10 points, there is no danger in reporting it. (1 marks) (20 marks) d) Outburst is defamatory, (1 mark) not part of proceedings, (1 mark) so not covered by Absolute Privilege (1 marks). Candidates might raise contempt, but not a huge issue this early. (1 mark) Defendant s protestation of innocence is ok. (1 mark)

4 Question 2 People living near a school in your patch call to complain about the behaviour of pupils at lunchtime and when arriving and leaving the school. You visit with a photographer and witness a number of instances of violent and destructive behaviour. As you are watching pupils outside the school, your photographer takes pictures of a number of them smashing the glass in a bus shelter. a) What are the issues regarding use of the photographs of the children involved? You run the story on the front page of your paper. A parent, who does not wish to be named, phones and says: It used to be a good school but it s gone downhill since the new head arrived, he s just got no authority over the staff or the kids there and they run rings round him. b) What legal difficulties might these remarks present? The National Union of Teachers calls a press conference in which it accuses the head and the education authority of failing the staff and the children. The NUT spokeswoman says: Teachers are risking life and limb coming into such a violent school, the place is out of control. The headmaster hasn t got the first idea what to do and he is putting our members at risk. Most of the kids are good, but there s a significant number who know no authority and are a danger to fellow pupils and staff alike. c) What can you use of the NUT spokeswoman s remarks? Explain your answer. (15 marks) Acting upon your photographic coverage, police have arrested several of the children seen vandalising the bus shelter. You attend youth court to see their first appearance and there you discover that the ringleader is the headmaster s 16-year-old son. d) What would you do with this information?

5 Marking guide Question 2 a) There is no legal problem with reporting this as there have not been any arrest so contempt is not an issue nor is identify juveniles under the age of 18 as they are not involved in a court case. However, there is an ethical decision over identifying them and it could be considered a breach of clause six of the PCC code that children under the age of 16 should be free to complete their time at school without unnecessary intrusion. However, this is covered by public interest exception and such behaviour could well be considered to come into this category. (15 marks) b) Defamatory of the head, (2 marks) as it injures him in his profession (1 mark) and not covered by any sort of privilege (1 mark). No real chance of justification. (1 mark) c) Press conference, so matters covered by QP (2 marks) as per judgement in McCartan, Breen & Others v Times. (1 mark) Fair and accurate account (2 marks) on matter of public interest (1 mark) without malice (1 mark) and subject to a right of reply if requested (1 mark but not if candidate says this must be offered). If full details of RoR given contradiction or explanation etc given (2 marks) d) Can t ID head s son as now covered by youth court anonymity (2 marks) under section 49 (1 mark) of the Children and Young Persons Act (1 mark) Candidates who suggest keeping track of the case (1 mark) and applying to have his anonymity withdrawn if convicted (1 mark) under the Crime (Sentences) Act 1997 (1 mark) and (up to 3 marks) for citing suitable reasons.

6 Question 3 You are told to investigate criticisms of your local council which has decided to put out to fresh tender the contract for a school taxi service for disabled children. There are reports that some parents are furious about this because they are so pleased with the excellent level of service provided by the present contract holders. One set of parents praises the current taxi drivers for their courtesy, understanding and consideration. They consent to a picture of their 12-year-old son being helped into a taxi by its driver but they are not willing to give any other personal information. In a separate interview with the driver he tells you he has a son with the same condition a muscle wasting disease so he knows exactly what is needed, a situation that adds obvious impact to the story. Discuss the issues involved and set out ways in which you might hope to resolve any difficulties these would present. Marking guide (20 marks) The publication of private medical details about any individual without consent raises significant issues under Clause 3 of the Code, which states that everyone is entitled to respect for their health, and that editors will be expected to justify intrusions without consent. (3 marks) In cases involving children, the requirements of Clause 6 also apply. This clause states that "young people should be free to complete their time at school without unnecessary intrusion". (2 marks) In this instance, details of the child's medical condition have been provided by a third party, although in obvious good faith. It is the reporter's responsibility to obtain the parents consent for the publication of this information and other personal details. (6 marks) It would be appropriate to approach them again, explaining sensitively how more detail could be used to strengthen the case for the retention of the present service. Reward candidates who make the point that the obvious human interest in the link between the driver and his young passenger could be used to highlight the parents campaign, which could be backed by the paper. If publication of information about the boy s condition went ahead without obtaining the parents consent it would mean an apology would have to be extended to them, publicly and in writing as well as verbally. (3 marks) The newspaper s records would also have to be marked to ensure the details would not be used in the future. (1 marks) (20 marks) NCTJ 2013