Thursday, 13 February 2014

Legal Constraints

Libel Law

You can be sued for damages if you publish or broadcast things about a person which are untrue and damage their reputation (defame them) The law was created to protect individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation.
Twitter users produced incorrect defamatory comments on Lord McAlpine accusing him of child sex abuse, in addition to BBC’s Newsnight suggesting he was a paedophile. The Conservative peer sought to threaten legal action against the Twitter users including actor and comedian; Alan Davies, who was fined £15,00.

Official Secrets Act 1989

It is a criminal offence to obtain or publish any information from a serving or former member of the security and intelligence services or from certain categories of civil servants or public contractors where that disclosure would be damaging.
Peter Wright published the book: Spycatcher which revealed that in the 1960s, MI5 conspired to discredit prime minister: Harold Wilson. Thatcher’s current government claimed that Wright owed a lifelong duty to confidentiality.

Copyright and Intellectual Property Law

This law exists to protect people's creative endeavours so that they can properly benefit from their work. If such protection didn't exist and people were able to copy or sell or profit from another's work, there would be little incentive for people to create in the first place. Programme-makers are responsible for ensuring that all necessary clearances (copyright, trademarks etc.) have been obtained for their programmes.
The MET police have owned the copyright to the ‘police box’ image since they began in service to the present day. The BBC has tried numerous times to buy the copyright for the image as it is only ever used in Doctor Who since they went out of service and were majorly scrapped in the 1960s. The MET have refused to sell the copyright however, so the BBC has to pay royalties.

Privacy Law

If a media company publishes information about someone which is information that should be considered private, that is to say, information in respect of which you had a ‘reasonable expectation of privacy’, then legal action for misuse of private information can be brought under the Human Rights Act 1998.
The Phone Hacking Scandal of the News of the World newspaper, in which employees had hacked into the phones of many people in the news (inc. celebrities, politicians and ordinary civilians). The company were accused when messages were deleted on Millie Dowler’s phone.

Obscene Publications Act 1959

This Act intends to ensure that the media does not negatively influence or corrupt the audience it is intended for. Lawyers may need to check whether a production breaks this law before it is released. Content such as sexually explicit, violent and/or drug taking is reviewed for suitability. Decisions are made dependent on factors such as age range of the audience, the time a production is broadcast.
The Italian government accused the makers of the film adaptation of the Da Vinci Code of obscenity towards the Catholic religion for suggesting that the characters: Jesus Christ and Mary Magdalene were in a relationship and had children. The people accused, including the Ron Howard and writer: Dan Brown, had to appear in court (around the time they were shooting the sequel to the movie) in 2007.

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