Media Law: Text, Cases & Materials (Longman Law Series)

Cover
Contents
Acknowledgements
Preface
Abbreviations
Table of cases
Table of statutes, statutory instruments and conventions
1 The principles of media law
	1.1 THE IMPORTANCE OF MEDIA FREEDOM
	1.2 THE EUROPEAN CONVENTION AND THE HUMAN RIGHTS ACT 1998
		(a) The Convention and the European Court of Human Rights
		(b) The Human Rights Act 1998
	1.3 THE SPECIAL REGULATION OF THE BROADCASTING MEDIA
	1.4 MEDIA FREEDOM AND FREEDOM OF EXPRESSION
	1.5 THE INTERNET AND MEDIA REGULATION
	1.6 CENSORSHIP AND PRIOR RESTRAINTS
		(a) Judicial prior restraints
		(b) Human Rights Act 1998
		(c) Films, video, and broadcasting
	Selected further reading
2 Regulation of the press
	2.1 INTRODUCTION
	2.2 VOLUNTARY REGULATION AND THE PRESS
		(a) History of press self-regulation
		(b) The future of press self-regulation: the Leveson Inquiry
	2.3 THE CODE OF PRACTICE AND PCC ADJUDICATIONS
		(a) Composition and complaints procedure of the PCC
		(b) The Code
		(c) Clauses 1 and 2: Accuracy and the opportunity to reply
		(d) Clause 3: Privacy
		(e) Clause 4: Harassment
		(f ) Clause 5: Intrusion into grief or shock
		(g) Clause 10: Clandestine devices and subterfuge
		(h) Clause 12: Discrimination
		(i) Clause 16: Payment to criminals
	Selected further reading
3 Broadcasting structure and regulation
	3.1 INTRODUCTION
	3.2 MEDIA MARKETS AND TECHNOLOGY
	3.3 REGULATOR AND SOURCES OF LAW
	3.4 THE PUBLIC SERVICE BROADCASTING CONCEPT – AN EVOLVING POLICY
	3.5 PUBLIC BROADCASTING
		(a) Introduction
		(b) The structure of the BBC
		(c) The public purposes of the BBC
		(d) Funding
		(e) Accountability
	3.6 PRELIMINARY LICENSING REQUIREMENTS FOR INDEPENDENT TELEVISION AND RADIO SERVICES
	3.7 COMMERCIAL PUBLIC SERVICE TELEVISION BROADCASTING
		(a) Introduction
		(b) Channel 3
		(c) Channel 5
		(d) Channel 4
	3.8 COMMERCIAL TELEVISION SERVICES
		(a) Television licensable content services
		(b) Digital television programme service
		(c) Local digital television programme services
	3.9 COMMERCIAL RADIO SERVICES
		(a) Introduction
		(b) Analogue commercial radio – national services
		(c) Analogue commercial radio – local services
		(d) Community radio
		(e) Radio licensable content services
		(f ) Digital sound programme services
	3.10 DIGITAL MULTIPLEXES
		(a) Introduction
		(b) Television multiplexes
		(c) Local television multiplex
		(d) Radio multiplexes
	3.11 VIDEO ON-DEMAND SERVICES
	Selected further reading
4 Programme regulation
	4.1 INTRODUCTION
	4.2 BROADCASTING PROGRAMME STANDARDS
		(a) Introduction
		(b) Harm and offence
		(c) Impartiality and accuracy
	4.3 BROADCASTING FAIRNESS AND PRIVACY STANDARDS
		(a) Fairness
		(b) Privacy
	4.4 POLITICAL AND ELECTION BROADCASTING
		(a) Introduction
		(b) Party political and election broadcasts and referendums
		(c) Impartiality
		(d) Referendum broadcasts and impartiality
		(e) Content of party political and election broadcasts
	4.5 REGULATION OF VIDEO ON-DEMAND PROGRAMME SERVICES
	4.6 ENFORCEMENT PROCEDURES AND SANCTIONS
		(a) Introduction
		(b) Ofcom and broadcasting services
		(c) Ofcom and sanctions
		(d) Public broadcasting
		(e) Video on-demand programme services
	Selected further reading
5 European media law
	5.1 INTRODUCTION
	5.2 THE COUNCIL OF EUROPE – JURISDICTION
	5.3 EUROPEAN UNION – JURISDICTION
	5.4 INITIAL DEVELOPMENT OF AUDIOVISUAL POLICY AT THE EUROPEAN LEVEL
	5.5 WHY WAS THE AVMSD ADOPTED?
	5.6 SCOPE AND STRUCTURE OF THE AVMSD
	5.7 ESTABLISHING JURISDICTION UNDER THE AVMSD
	5.8 DEROGATIONS TO THE COUNTRY OF ORIGIN PRINCIPLE
	5.9 CONTENT REQUIREMENTS I: THE PROTECTION OF MINORS AND HATE SPEECH
	5.10 CONTENT REQUIREMENTS II: SUPPORT FOR EUROPEAN CONTENT
	5.11 CONTENT REQUIREMENTS III: RIGHT OF REPLY
	5.12 THE FUTURE OF EUROPEAN MEDIA REGULATION?
	Selected further reading
6 Advertising regulation
	6.1 INTRODUCTION
	6.2 THE IMPACT OF FREEDOM OF EXPRESSION ON ADVERTISING REGULATION
	6.3 THE ADVERTISING STANDARDS AUTHORITY
		(a) General
		(b) Jurisdiction
		(c) Control of ASA decisions
	6.4 REGULATION OF NON-BROADCAST ADVERTISING
		(a) Background
		(b) The Non-Broadcast Advertising Code
		(c) Sanctions
	6.5 REGULATION OF BROADCAST ADVERTISING
		(a) Introduction
		(b) The BCAP Code
		(c) Ofcom general rules and Code on the Scheduling of Advertisements
		(d) The rules on product placement and sponsorship
		(e) Advertising on radio
		(f) Sanctions
		(g) UK advertising regulation and the AVMSD
	6.6 REGULATION OF VIDEO ON-DEMAND ADVERTISING
	6.7 THE BAN ON BROADCAST POLITICAL ADVERTISING
		(a) The statutory ban
		(b) Strasbourg jurisprudence
		(c) The ADI case
	Selected further reading
7 Media ownership and plurality
	7.1 INTRODUCTION
	7.2 WHY INTRODUCE SECTOR-SPECIFIC MEDIA OWNERSHIP RULES?
	7.3 THE EVOLUTION OF MEDIA-PLURALITY CONTROLS IN THE UK
		(a) UK control of ownership concentration in the print and broadcasting sectors prior to the Communications Act 2003
		(b) The Communications Act 2003 and the Media Ownership (Radio and Cross-media) Order 2011
		(c) Deregulation or re-regulation? The Communications Act 2003 and the ‘Media-plurality Test’
	7.4 PROCEDURAL REFORM?
	7.5 SUBSTANTIVE REFORM: HOW TO MEASURE PLURALITY IN PRACTICE
		(a) What should be measured – media sectors, digital intermediaries, genres?
		(b) How and when should media plurality be measured?
	7.6 MEDIA PLURALISM: THE EUROPEAN DIMENSION
		(a) The Council of Europe
		(b) The European Union
	Selected further reading
8 Competition law
	8.1 INTRODUCTION
	8.2 MEDIA MERGERS
	8.3 ANTI-COMPETITIVE AGREEMENTS
	8.4 ABUSE OF A DOMINANT POSITION
	8.5 LEGISLATIVE RESPONSES
		(a) Listed events
		(b) Access to conditional access systems and associated services
	8.6 STATE AID
	Selected further reading
9 Convergence
	9.1 INTRODUCTION
	9.2 CHARACTERISTICS OF THE CONVERGENT MEDIA ENVIRONMENT
		(a) Networked communications
		(b) Disruption to established business models
		(c) Democratisation of the communications space
		(d) New power relations
	9.3 THE IMPACT OF CONVERGENCE ON MEDIA REGULATION IN THE FUTURE
		(a) Content standards in the context of convergence
		(b) Convergent regulators?
		(c) Regulatory strategies in a convergent media environment
	9.4 THE EUROPEAN DIMENSION
	9.5 CONCLUSION
	Sel ected further reading
10 Defamation
	10.1 INTRODUCTION
	10.2 THE RIGHT TO REPUTATION AND FREEDOM OF EXPRESSION
	10.3 LIABILITY FOR DEFAMATION
		(a) Defamatory meaning
		(b) Identification
		(c) Publication
		(d) Who can sue in defamation?
	10.4 DEFENCES
		(a) Justification
		(b) Fair/honest comment
		(c) Absolute and qualified privilege
		(d) Offer of amends
		(e) Innocent dissemination
	10.5 REMEDIES
		(a) Injunctions
		(b) Damages
	Selected further reading
11 Privacy and breach of confidence
	11.1 INTRODUCTION
	11.2 WHAT IS PRIVACY AND WHY PROTECT IT?
	11.3 ARTICLE 8 AND STRASBOURG JURISPRUDENCE
	11.4 THE PROTECTION OF PRIVACY UNDER ENGLISH LAW
		(a) Breach of confidence
		(b) Human Rights Act 1998 and misuse of private information
		(c) First stage: reasonable expectation of privacy
		(d) Factors going against a reasonable expectation of privacy: limiting factors
		(e) Ultimate balancing test
		(f ) Remedies for misuse of private information
	11.5 DATA PROTECTION
	11.6 HARASSMENT
	11.7 OFCOM BROADCASTING CODE
		(a) Judicial review of Ofcom decisions
	Selected further reading
12 Contempt of court
	12.1 INTRODUCTION
	12.2 THE STRICT LIABILITY RULE
		(a) Introduction
		(b) Contempt in the course of the discussion of public affairs
		(c) Substantial risk of serious prejudice
		(d) The strict liability rule and the stay of criminal trials
		(e) Remedies for infringement of the strict liability rule
		(f ) The role of the Attorney-General
		(g) Assessment and reform of the strict liability rule
	12.3 COMMON LAW CONTEMPT
	12.4 POSTPONEMENT ORDERS
		(a) Introduction
		(b) The requirements for making a postponement order
		(c) Protection of the media
	12.5 PAYMENTS TO WITNESSES
	12.6 DISCLOSURE OF JURY DELIBERATIONS
	Selected further reading
13 Reporting legal proceedings
	13.1 INTRODUCTION
	13.2 THE OPEN JUSTICE PRINCIPLE
	13.3 CAMERAS IN THE COURTROOM?
	13.4 ANONYMITY ORDERS
		(a) Introduction
		(b) Anonymity orders for claimants and other applicants
		(c) Anonymity for defendants in criminal cases
		(d) Anonymity of witnesses
		(e) Contempt of Court Act 1981, section 11
	13.5 RESTRICTIONS ON OPEN JUSTICE
		(a) Private hearings
		(b) Reporting of private proceedings
		(c) Restrictions on reporting public proceedings
	13.6 REPORTS OF PROCEEDINGS INVOLVING CHILDREN
		(a) Introduction
		(b) Statutory restrictions on reporting proceedings concerning children
	13.7 FAMILY PROCEEDINGS CONCERNING CHILDREN
		(a) Introduction
		(b) Media access to family proceedings concerning children
		(c) Reporting of family proceedings concerning children
		(d) Anonymity of witnesses
	Selected further reading
14 Investigative journalism: access to information and the privilege not to disclose sources
	14.1 INTRODUCTION
	14.2 ACCESS TO INFORMATION
		(a) A fundamental right to freedom of information?
		(b) The Freedom of Information Act 2000
		(c) Common law freedom of information and open justice
	14.3 INTERVIEWING PRISONERS
	14.4 PROTECTION OF JOURNALISTS’ SOURCES
		(a) General principles
		(b) The legal position in the United Kingdom: the Contempt of Court Act 1981
		(c) In the interests of justice
		(d) The approach of the European Court of Human Rights
		(e) Post-HRA decisions of the English courts
	14.5 ACCESS TO JOURNALISTIC MATERIAL
		(a) General principles
		(b) Police and Criminal Evidence Act 1984
		(c) Decisions of the European Court
	Selected further reading
Index