Posted: March 5th, 2015

media industry

ASSESSMENT REQUIREMENTS
To fulfil the assessment requirements of this module students MUST:

1) Write an in-module individual assignment on a research based project demonstrating an understanding of a legal topic relevant to the media industry. This should be a maximum of 2000 words in length and represents 30% of the total module marks.
Deadline for submission of assignment: Wednesday 11th March 2015 by 13.00 p.m. submitted via Turnitin.

2) Do an end-of-module examination. The examination represents 70% of the module marks. Students may bring 4 sides A4 notes into the examination.

Assessment Criteria
• Understanding: of the assignment and examination questions and legal concepts inherent in the module.

• Research: evidence of use of range of research sources to produce a clear and accurate presentation of the relevant legal issues.

• Analysis: relevant legal rules / issues applied effectively in dealing with issues raised in the case study.

• Structure: the content is organised in a coherent way.

• Clarity and accuracy of written English: Grammar, spelling and punctuation are correct.

• Presentation & Communication: the look, the layout and the impression it gives.

• Participation: actively taking part in the taught sessions and independent study

ASSIGNMENT
SUBMISSION DATE; 11/3/15 by 13.00.
Either access one of the following Internet sites and write up in max 2000 words a comparative piece in a clear style and with appropriate UK law references, an explanation or analysis of a topic found there:

1) Choose any topic from the areas we have studied – perhaps linked to a case or an area and research it and write this as an essay. It could perhaps have an international dimension but it cannot merely be a rehash of your lecture notes.

2) Australian Press Council www.presscouncil.org.au
Look at recent adjudications and consider the cases until you find one that interests you. Explain what the issue was concerned with and how it was resolved. Compare the approach of the APC with the possible outcome of a similar matter adjudicated by the Press Complaints Commission in England and Wales.

3) European Court of Human Rights. www.echr.coe.int
Follow the Human Rights link. Go into recent judgements and select one that relates to the media or some other aspect of human rights that interests you. Explain what the issue was, how it was dealt with and what you think its significance is for the media or human rights issues in England and Wales.

4) Newspapers or broadcasters abroad. www.world-newspapers.com
Carry out an internet search to find out the site of any foreign newspaper or broadcaster. Using the information on your chosen site, find an item with a legal dimension or a media ethics issue. Explain what the issue concerns and relate it to (possible) similar issues in England and Wales.

5) Or select a media topic or case which interests you and consider this from an international perspective.

All essay topics must be approved prior to submission. 10% of the mark will be allocated for a ten minute presentation of the topic in the sessions 17th March and 24th March 2014.

ASSIGNMENT – Some essentials for your legal writing:

1) Always use quotation marks when inserting words which are not your own. Failure to do this is plagiarism, which is a serious matter and may result in you being referred in the module.

2) Referencing using the Harvard system, quoting the source of the material at the end of your assignment. The Harvard system is that the author’s name and the date of publication are given within the text. At the end of the text an alphabetical list of authors and titles are included.

3) Also include an alphabetical list of cases cited if appropriate

Style
1) Never write in the first person.

2) Always make sure you read work before submitting it to ensure it makes sense.

3) Avoid the use of colloquialisms and slang phrases, and abbreviations such as don’t, can’t etc.

4) Use terminology and words you understand, and if in doubt use a dictionary.

5) Use paragraphs that follow a sequence rather than presenting work that appears as a set of notes.

6) Try to deal with your subject straight away in the opening paragraph. Avoid long introductions scanning the breadth of the subject area.

7) Explain the outline of your argument, but remember to reserve the stronger points for your conclusion.

8) The aim should be good clear writing, not ornate construction or earth shattering viewpoints expressed in glowing terms; be direct and straightforward.

FURTHER INFORMATION

All students should attend lectures and seminars. As the aim of the module is to introduce students to various areas of law, students will be introduced to a range of material during the lectures and seminars. The seminars will operate as a follow – up to the lecture from the preceding week. Students are expected to spend a minimum of 2 hours of study time reading the set texts, relevant articles and preparing material for discussion in seminars.

Learning and studying hints

i) What do I have to learn?
In studying law relevant to media, you are not aiming to become lawyers, but rather to acquire a general legal understanding and awareness, and this is an important part of a media education. Acquiring such an understanding involves being familiar with certain legal concepts.

The types of law you will encounter are:
(a) Cases
These are legal rules decided in court cases and much of English law has been made in this way.
Tolley v Fry & Sons Ltd (1931) AC 333
Plaintiff Defendant (now referred to as Claimant and Defendant)
The image of a famous golfer amateur golfer appeared on an advertisement with a Fry’s chocolate bar sticking out of his pocket. He had not given permission for his likeness to be used in that way. He sued for libel on the basis that there were a number of people who knew of his amateur status and would believe he was abusing this by being involved in commercial sponsorship in circumstances where the rules of amateur golf forbid the commercial endorsing of products.
Held: He succeeded in his action and was awarded damages and an injunction to prevent further publication.

Ratio Decidendi ( principle of law on which decision is based ) In certain circumstances a statement will convey a derogatory imputation because of information known to some people. The Court will decide how the ordinary reasonable person with that information would understand that statement.

(b) Statutes (Acts of Parliament)
These are laws passed by Parliament and several important examples will be mentioned during the course. For example – Official Secrets Act 1989, Freedom of Information Act 2000, Criminal Justice Act 2003, Racial and Religious Hatred Act 2006.
Each statute is divided into sections, each section contains a particular legal rule. You will not have to learn a whole statute, however you may need to be familiar with and explain certain sections.

ii) How do I apply my knowledge?
There are various methods of testing legal understanding.

1) Short answer questions – these require an understanding of legal concepts and definitions.

2) Essay questions – these questions are more discursive and may require an analysis of the philosophy behind particular legal rules or a discussion of different methods of dealing with a particular legal issue.

3)   Problem questions – where a hypothetical fact situation is posed for students to advise the relevant parties of their legal options.
For this type of question you need to:
(a)   Identify and state the legal points raised by the question;
(b)   Discuss the relevant law that applies by explaining relevant cases and statutes;
(c)   Apply the relevant law to the problem. There will not always be a clear cut solution; alternative outcomes or possibilities may need to be considered;
4)   Role plays – where students act out various scenarios mirroring legal areas of a dispute.
GLOSSARY OF TERMS (Elliot & Quinn (2011)
A
Absolute privilege – a complete defence against an action for libel which attaches to reports produced from certain events, documents or statements.
Acquittal A verdict of not guilty in a criminal case.
Act of Parliament – also called a statute – a bill which has been approved by the House of Commons, the House of Lords and has been given the Royal assent.
Affadavit A written statement which has been sworn on oath by a witness, which can be used as evidence in court.
Appeal A case taken to a higher court by someone who believes the wrong result was reached in the original hearing.
Appellant The person who brings an appeal.
Arrestable Offence – an offence for which an arrest can be made without a warrant.
Attorney-General A Government Minister who acts as the Government’s main legal advisor. Certain types of crime (such as offences under the Contempt of Court Act 1981 –require consent from the Attorney-General before prosecutions can be brought, and if this consent is given, the prosecution is brought in the name of the Attorney-General.

B
Bail The arrangement under which someone charged with a criminal offence can be allowed to remain free of custody until their trial.
Balance of probabilities The standard of proof in civil cases, where the claimant must prove that that there is a more than a 50 per cent chance that what they say is true (i.e. that is more likely than not).
Beyond reasonable doubt The standard of proof in criminal cases. The prosecution must prove to the magistrates or jury that it it beyond reasonable doubt that the defendant committed the offence they are charged with.
Bill A written proposal for a new law, which is debated in Parliament.
C
Caution A formal warning given by the police as an alternative to prosecution; can only be used when an offender admits guilt.
Claimant The person bringing a case in the civil courts.
Common law: Law made by the decisions of judges in cases heard in the higher courts, which form precedents to be followed in later cases. Also known as case law.
Conditional fee agreement An agreement between solicitor and client in civil cases, under which the client pays nothing if they lose the case, and the solicitor gets an extra fee if they win. Often known as ‘no win, no fee’.
Contemporaneous Published as soon as possible after an event (usually a court case).
Count Each one of the criminal charges faced by a defendant.
D
Damages An amount of money which may be awarded by a court to someone who wins a civil case.
Defence 1 A legal provision which allows someone who would otherwise be guilty of a crime or a tort to escape liability, if the circumstances of the defence are met (e.g. justification, fair comment and privilege in defamation). 2 The name given to the lawyers representing a person who is accused of a crime, or a person who is being sued in the civil courts.
Defendant Someone who is being prosecuted in the criminal courts or sued in the civil courts.
Double jeopardy An ancient rule which prevented someone acquitted of a crime from being charged again for the same offence; no longer an absolute rule in English law.
F – Family proceedings Hearings related to the care, custody, maintenance, paternity and adoption of children.
G
Green Paper A document issued by the Government when it is planning new legislation, setting out basic details of the area of law to be changed and inviting comment.
I
In camera In private. Used of hearings to which the press and public are not admitted.
In chambers (A hearing) held somewhere other than in an open court room, but not necessarily closed to the public or press.
Injunction A court order, which obliges someone to do or not to do something, either permanently or temporarily. Injunctions against the press usually prevent publication of particular material.
J
Journalistic material Material which has been ‘acquired or created for the purposes of journalism’. This type of material has a degree of protection from search and seizure by the police.
Judicial review An action brought in the High Court, in which decisions made by official bodies can be reviewed; if the decision has been made unlawfully, or is completely unreasonable, it may be quashed.
L
Legal privilege The rule that communications between a lawyer and their client are confidential.
O
Ofcom The body which regulates broadcasting in the UK. It has a Code of Practice for broadcasters, breach of which can lead to fines and even loss of a broadcasting licence.
On remand Held in custody after being charged with a criminal offence, usually until the trial.
P
Plea The defandant in a criminal case’s answer to the charge (i.e. guilty or not guilty).
Pleas in mitigation Arguments made by lawyers for a defendant who has been found (or pleaded) guilty to a crime, designed to give the court reason to treat them more leniently than they otherwise would.
Practice Direction An official document which contains detailed guidance for the courts on a particular issue, and supplements their ordinary rules of procedure.
Precedent A decision made in a legal case, which should be followed in later cases.
Press Complaints Commission (PCC) Independent body which deals with complaints from the public about the editorial content of newspapers and magazines. It has a Code of Practice, covering issues such as privacy and accuracy. Breaches are dealt with initially by trying to achieve a satisfactory resolution by negotiation between the complainant and the relevant publisher, but if this fails, the PCC can adjudicate on the complaint, and order the publisher to print a report of the result.
Private prosecution A prosecution brought by a private individual, if the Crown Prosection Service declines to take a case to court.
Prosecution 1 The process of bringing someone accused of crime before the courts. 2 The lawyers who put the case against that person.
QQuash To declare invalid (usually used of a court order, verdict or sentence).
R Reporting restrictions Legal provisions which prevent publication of some or all of the details of a court case, either temporarily or permanently.
Rule against prior restraint A traditional principle of English law which states that, as far as possible, the media should not be censored in advance, but dealt with after publication if material published is unlawful.
S Settle out of court To agree a solution to a court case with the other party, without going to court. The majority of civil cases are settled in this way.
Striking-out application A prelimary hearing which decides whether, assuming the facts alleged by a party in a case are true, they would have an arguable case in law.
T
Tort A type of wrongdoing that is dealt with by the civil courts, rather than the criminal legal system.
W
Ward of court A person under 18 who, as a result of a legal order, is under the care of the Family Division of the High Court.
Y Youth Court A branch of the magistrates’ courts, which deals with cases involving defendants aged under 18. The term describes a type of hearing, rather than a place.

Process words used in law examination questions:
Account for Explain, clarify, and give reasons for.

Analyse Resolve into component parts.
Examine critically or minutely.

Assess Determine the value of, weigh up (see Evaluate)

Compare Identify similarities/ differences, perhaps reach conclusion about which is preferable, justify this.

Contrast Set in opposition in order to bring out the differences sharply.

Compare and contrast Find points of common ground between x and y and show how or where they differ.

Criticise Make a judgement (backed by a discussion of the evidence or reasoning involved) about the merit or theories or opinions or the truth of facts.

Define State the exact meaning of a word or phrase. In some cases it may be necessary / desirable to examine different or often- used definitions.

Describe Give a detailed account of.

Discuss Explain, and then give the various sides of the issue and any implications.

Distinguish or differentiate Look for differences between.

Evaluate Make an appraisal of the worth, / validity/ effectiveness of something in the light of its truth or usefulness. (See also Assess)

Examine the argument Look in detail at this line of argument

Explain Give details about how and why it is.

How far…? To what extent? This usually involves looking at evidence/ arguments for and against, and weighing them up.

Illustrate   Make clear and explicit; usually requires the use of carefully chosen examples.
Assessment
3.   In module Individual assignment:      30%
4.   Module unseen examination:          70%

ASSESSMENT REQUIREMENTS
To fulfil the assessment requirements of this module students MUST:

2) Do an end-of-module examination. The examination represents 70% of the module marks. Students may bring 4 sides A4 notes into the examination.

Assessment Criteria
• Understanding: of the assignment and examination questions and legal concepts inherent in the module.

• Research: evidence of use of range of research sources to produce a clear and accurate presentation of the relevant legal issues.

• Analysis: relevant legal rules / issues applied effectively in dealing with issues raised in the case study.

• Structure: the content is organised in a coherent way.

• Clarity and accuracy of written English: Grammar, spelling and punctuation are correct.

• Presentation & Communication: the look, the layout and the impression it gives.

• Participation: actively taking part in the taught sessions and independent study

5) Or select a media topic or case which interests you and consider this from an international perspective.

All essay topics must be approved prior to submission. 10% of the mark will be allocated for a ten minute presentation of the topic in the sessions 17th March and 24th March 2014.

ASSIGNMENT – Some essentials for your legal writing:

4) Always use quotation marks when inserting words which are not your own. Failure to do this is plagiarism, which is a serious matter and may result in you being referred in the module.

5) Referencing using the Harvard system, quoting the source of the material at the end of your assignment. The Harvard system is that the author’s name and the date of publication are given within the text. At the end of the text an alphabetical list of authors and titles are included.

6) Also include an alphabetical list of cases cited if appropriate

Style
9) Never write in the first person.

10) Always make sure you read work before submitting it to ensure it makes sense.

11) Avoid the use of colloquialisms and slang phrases, and abbreviations such as don’t, can’t etc.

12) Use terminology and words you understand, and if in doubt use a dictionary.

13) Use paragraphs that follow a sequence rather than presenting work that appears as a set of notes.

14) Try to deal with your subject straight away in the opening paragraph. Avoid long introductions scanning the breadth of the subject area.

15) Explain the outline of your argument, but remember to reserve the stronger points for your conclusion.

16)   The aim should be good clear writing, not ornate construction or earth shattering viewpoints expressed in glowing terms; be direct and straightforward.
After researching material:
–   qualify (order your facts and arguments in a logical order)
–   simplify (state your arguments in plain English you understand completely)
–   justify (support your arguments with adequate facts and authorities)

ASSESSMENT REQUIREMENTS
To fulfil the assessment requirements of this module students MUST:

2) Do an end-of-module examination. The examination represents 70% of the module marks. Students may bring 4 sides A4 notes into the examination.

Assessment Criteria
• Understanding: of the assignment and examination questions and legal concepts inherent in the module.

• Research: evidence of use of range of research sources to produce a clear and accurate presentation of the relevant legal issues.

• Analysis: relevant legal rules / issues applied effectively in dealing with issues raised in the case study.

• Structure: the content is organised in a coherent way.

• Clarity and accuracy of written English: Grammar, spelling and punctuation are correct.

• Presentation & Communication: the look, the layout and the impression it gives.

• Participation: actively taking part in the taught sessions and independent study

ASSIGNMENT

Either access one of the following Internet sites and write up in max 2000 words a comparative piece in a clear style and with appropriate UK law references, an explanation or analysis of a topic found there:

5) Or select a media topic or case which interests you and consider this from an international perspective.

All essay topics must be approved prior to submission. 10% of the mark will be allocated for a ten minute presentation of the topic in the sessions 17th March and 24th March 2014.

ASSIGNMENT – Some essentials for your legal writing:

7) Always use quotation marks when inserting words which are not your own. Failure to do this is plagiarism, which is a serious matter and may result in you being referred in the module.

8) Referencing using the Harvard system, quoting the source of the material at the end of your assignment. The Harvard system is that the author’s name and the date of publication are given within the text. At the end of the text an alphabetical list of authors and titles are included.

9) Also include an alphabetical list of cases cited if appropriate

Style
17) Never write in the first person.

18) Always make sure you read work before submitting it to ensure it makes sense.

19) Avoid the use of colloquialisms and slang phrases, and abbreviations such as don’t, can’t etc.

20) Use terminology and words you understand, and if in doubt use a dictionary.

21) Use paragraphs that follow a sequence rather than presenting work that appears as a set of notes.

22) Try to deal with your subject straight away in the opening paragraph. Avoid long introductions scanning the breadth of the subject area.

23) Explain the outline of your argument, but remember to reserve the stronger points for your conclusion.

24)   The aim should be good clear writing, not ornate construction or earth shattering viewpoints expressed in glowing terms; be direct and straightforward.
After researching material:
–   qualify (order your facts and arguments in a logical order)
–   simplify (state your arguments in plain English you understand completely)
–   justify (support your arguments with adequate facts and authorities)

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