Newsgathering : law, regulation, and the public interest / Gavin Millar QC, Andrew Scott.
2016
KD2875 .M55 2016 (Map It)
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Details
Author
Title
Newsgathering : law, regulation, and the public interest / Gavin Millar QC, Andrew Scott.
Published
Oxford, United Kingdom : Oxford University Press, 2016.
Call Number
KD2875 .M55 2016
Edition
First edition.
ISBN
9780199685806 (hbk.)
0199685800 (hbk.)
0199685800 (hbk.)
Description
xxxv, 428 pages ; 26 cm
System Control No.
(OCoLC)958962171
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Table of Cases
xv
Table of Legislation
xxvii
List of Contributors
xxxv
1.
Introduction
1
Introduction
Freedom of Expression, Newsgathering, and the Accountability of the Powerful
2.
Newsgathering and the Public Interest
9
Scope of the Public Interest
Insight from statutory sources
Insight from the common law
Insight from regulatory sources
Insight from prosecutorial guidance
Insight from public inquiries
Protection for Public Interest Newsgathering
Reliance on judgment
Availability of specific defences
Developing or legislating for a generic public interest defence
I Protection Of Sources And Journalistic Materials
3.
Protection of Sources and Materials: General Principles
37
Legal Framing of the Protection of Sources and Materials
European Convention and the protection of sources and materials
Section 10 of the Contempt of Court Act 1981
Factors Relevant to Source Disclosure Decisions
'Procedural' factors
Substantive factors
4.
Powers to Compel Disclosure
63
State Access to Journalists' Materials and Sources
Police and Criminal Evidence Act 1984
Terrorism Act 2000
Other powers
Civil Law Power to Compel Source Disclosure
5.
Covert State Powers and Identification of Sources
83
Rights Context
Covert investigation and the right to privacy
Covert investigation and media freedom
Physical and Technological Surveillance of Journalists
Directed and intrusive surveillance
Bugging of premises
Retention of and Access to Communications Data
Interception of Telephone and Internet-Based Communications
Encrypted Information
Oversight by Commissioners and the Investigatory Powers Tribunal
6.
Legal Risks for Sources
101
Misconduct in a Public Office
Elements of the offence: public officer acting as such
Elements of the offence: 'wilful' misconduct
Elements of the offence: conduct amounting to an abuse of public trust
Elements of the offence: absence of reasonable excuse or justification
Official Secrets Act Offences
Disclosure of information relating to security or intelligence
Disclosure of information relating to defence
Disclosure of information relating to international relations
Disclosure of information relating to crime and special investigation powers
Defences: lawful authority
Defences: knowledge or belief regarding applicability of the Act
Defences: damage and knowledge or belief regarding damage
Defences: necessity and duress of circumstance
Defences: public interest
Police, Armed Forces, and Civil Service Guidance
Guidance on media relations for service personnel
Guidance on media relations for police officers
Guidance on media relations for civil servants
Confidentiality
Basic features of the claim for breach of confidence
Regulating the use of contractual confidentiality clauses
Protection for 'Whistle-Blowers'
7.
Payment of Sources
135
Payments to Public Officials and Others
Pre-existing law: Prevention of Corruption Act 1906
Bribery Act 2010
Payments to Witnesses
Common law of contempt of court and media payment to witnesses
Payment to witnesses: the role of the media regulators
Payments to Convicted Criminals
Proscription of payment for criminal memoirs: Coroners and Justice Act 2009
Controls on publication by serving prisoners
Payment to criminals: the role of the media regulators
Payments Affecting Child Welfare
II Access To Public Information
8.
Open Government: General Principles
163
Common Law Principle of Open Justice
Legal Principles of Open Government
Common law principle of open government
Rights-based principle of open government
9.
Access to Government Information
179
Origins of the Freedom of Information Act 2000
Scope of the Freedom of Information Act 2000
Public authorities
Information
Exemption from the Freedom of Information Act 2000
Public interest tests: section 2
Absolute exemptions
Class-based qualified exemptions
Contents-based qualified (prejudice-based) exemptions
Ministerial veto: section 53
Procedural exclusions
Procedural Aspects of the Freedom of Information Act 2000
Time limits
Appeals
Other Legislation Facilitating Access
Environmental information
Personal data
Access to information held in local government
Medical and health care information
Educational information
10.
Access to Courts, Court Documents, and Other Aspects of the Justice Regime
203
Access to Courts
Inherent jurisdiction of the court and the Convention context
Access to civil proceedings
Access to family proceedings
Access to the Court of Protection
Access to criminal proceedings
Access to the Supreme Court
Secret justice: special advocates and closed material procedures
Communications Technology in Courts
Cameras and recording devices in court
Text-based communications in court
Access to Court Documents
Inherent jurisdiction of the court
Access to documents in civil proceedings
Access to documents in family proceedings
Access to documents in the Court of Protection
Access to documents in criminal proceedings
Access to documents in the Supreme Court
Access to Jurors
Access to Prisoners
Policy on written correspondence
Policy on telephone interviews
Policy on face-to-face interviews and broadcast of recordings
11.
Reporting Public Protest and Events
253
Police Powers of Stop and Search
Stop and Search without Reasonable suspicion
Stop and search with reasonable suspicion
Disguises
Police powers of seizure
Photography-based terrorism offence: section 58A TA 2000
Public Order and Related Offences
Police Surveillance of Journalists
Court of Appeal's decision in Wood
Supreme Court decision in Catt
Summary
12.
Protection of Journalism in Conflict Situations
269
Status of Journalists in Armed Conflicts
Protection of Journalists in International Armed Conflicts
protection of authorized 'war correspondents'
Protection of independent journalists in international armed conflicts
Protection of Journalists in Non-International Armed Conflicts
Concept of a 'non-international armed conflict'
Key protections applicable in non-international armed conflict
Risk of prosecution for journalists reporting on non-state groups in non-international armed conflict
Legal Protection of Journalists during Hostilities
Protection of Media Installations and Equipment as Civilian Objects
Protection of Journalists in Conflict and International Criminal Law
Dangerous Situations Not Amounting to Armed Conflict
Reflection: Risks of Embedding and Failure to Enforce Legal Protections
III Regulation Of Intrusive Newsgathering
13.
Intrusive Newsgathering
287
Data Protection Law and Intrusive Newsgathering
Basic definitions
data protection principles
Rights of data subjects
Journalistic exemption from the data protection principles
Enforcement regime
Civil Law Consequences of Intrusive Newsgathering
Absence of a general tort of privacy
Emergence of claim for obtaining private or confidential information
Parameters of claim for obtaining private or confidential information
14.
Harassment and Related Wrongs
309
Protection from Harassment Act 1997
Elements of the tort and offences
Exclusions of the prohibition on harassment
Statutory tort
Criminal offences
Common Law Alternatives
Nuisance
Intentional infliction of emotional harm
Regulatory Responses to Harassment
Broadcasting regulation
Press self-regulation
15.
Misrepresentation of Purposes and Entrapment
333
Criminal Liability for Misrepresentation of Purposes
Fraud
Using counterfeit documents
'Dressing the part'
Offences under section 1 of the Official Secrets Act 1920
'Blagging' access to databases
Criminal trespass
Tortious Liability for Misrepresentation of Purposes
Trespass
Deceit
Regulation of Misrepresentation and Subterfuge
16.
Clandestine Newsgathering
353
Theft
Theft: section 1 of the Theft Act 1968
Further theft-related newsgathering offences
Undercover Filming and Recording
Press self-regulation and undercover filming and recording
Broadcast regulation and undercover filming and recording
Interception of Communications
Basic scheme of the Regulation of Investigatory Powers Act 2000
Role of media regulators
Computer Hacking
Basic scheme of the Computer Misuse Act 1990
IV Publication Torts And Newsgathering Practice
17.
Publication Torts and Newsgathering Practice
381
Basic Features of Defamation Law
claim for defamation
Defamation defences
Ethical Newsgathering Practice and the Section 4 Defence
Origins of the defence
Statutory reform of the defence
Newsgathering considerations under the section 4 defence
Securing 'Truth' through Newsgathering Practice
defence of truth: section 2
Truth and the honest opinion defence: section 3
Avoiding 'Malice' through Newsgathering Practice
Codicil: Prior Notification and the Publication of Private Information
Index
399