This course will introduce the student to the law relating to the operation of the press and broadcast media in England and Wales, including the concepts of freedom of expression, privacy and the public interest; the impact of human rights law; the law of defamation and contempt of court; and the regulatory framework governing the media.

1. Explain and critically assess the importance of the concepts of freedom of expression and the public interest in the operation of the press and broadcast media in England and Wales.

2. Assess the impact of the European Convention on Human Rights on the way the media operate in the UK.

3. Determine how the balance in protecting Article 8 and 10 rights under the European Convention on Human Rights might be achieved.

4. Demonstrate an appreciation of the impact of defamation laws on freedom of expression and protection of reputation and evaluate recent reform.

5. Evaluate the current influence of the Contempt of Court Act 1981 on practice and draw conclusions on its effectiveness.

6. Explain the rationale for reporting restrictions and their impact on protecting vulnerable people, the exercise of freedom of expression and open justice.

7. Critically analyse the developing law of the mis-use of private information.

8. Apply the moral obligation on journalists to protect sources in the context of the Editors’ Code, legislation, Article 10, criminal activity and national security.

9. Describe and evaluate the regulatory context within which the media operates, including developments from the Leveson Report.

The module will be delivered through (1) 20 whole-group lectures and (2) ten small-group 2-hour seminars. The lectures will provide an outline of the legal framework. The seminars will provide opportunities for students to explore the subject matter in depth and apply critical skills.

Students will be required to undertake a range of independent research tasks, including case analysis, and participate fully in class discussions, exercises and teamwork.

Academic Skills:

1. To identify the fundamental legal principles applicable to this area of law.

2. To demonstrate a thorough awareness of the key primary and secondary sources applicable to the study of media law.

3. To adopt a critical approach to all aspects of the course and to challenge assumptions whenever applicable.

4. To demonstrate research skills appropriate to this level of study.

5. Having identified key principles of law, to be able to effectively articulate those principles in both oral and written form.

Subject-specific Skills:

1. Evaluate and comment on the working relationship between the media and the courts.

2. Formulate the key propositions of law and policy as they apply to the media.

3. Appreciate the dynamic nature of the subject, with the legislative and regulatory framework constantly changing.

Transferable Skills:

1. To confidently present reasoned arguments, both orally and in writing.

2. To be able to fully utilise the research databases available online.

3. To access online information from the websites of the print and broadcast media.

4. To be able to identify and distinguish evidence-based comment on relevant blogs and websites.

Summative Essay of 2250 words which represents 25%

Examination of 2 hour duration which represents 75%

The syllabus will focus on the law applicable to press and broadcasting organisations and journalists, with aspects of regulation of social media such as publication on the internet and citizen journalism.  

Introduction to principles:

 Freedom of Expression. Free press. Human Rights Act 1998 and European Convention. Public interest.

Defamation:

Legislation and reform. Websites and social media. The claimant’s perspective:  Standard of proof. Meaning and innuendo.  The media perspective/defences: Truth and honest opinion. Privilege. Public interest defence. Responsible journalism. Offer of Amends.

Contempt of Court:

Legislation and reform. Strict liability. Substantial risk of serious prejudice. Pre-trial publicity. Contempt proceedings. Juries.

Reporting Restrictions:

 Preliminary hearings. Fair, accurate and contemporaneous reporting. Reporting sexual offences. Reporting on children in criminal courts and family courts. Family proceedings and the ‘transparency’ agenda.  

Sources:

Section 10 Contempt of Court Act 1981. Police and Criminal Evidence Act 1984. Codes of Practice. Official Secrets and anti-terrorism legislation. Whistleblowing.

Privacy and Media Intrusion:

Breach of confidence and injunctions. Development of the law of mis-use of private information; Balancing Arts 8 and 10. Editors’ Code.

Media Regulation:

The regulatory environment in England and Wales. OFCOM. Ethics and the Leveson Report. Effectiveness of the Independent Press Standards Organisation.

M Hanna and M Dodd: McNae’s Essential law for Journalists (OUP, latest edition)

F. Quinn: Law for Journalists (Pearson, latest edition)

K Horsey and E Rackley: Tort Law (OUP, latest edition)

For reference:

M Warby and N Moreham: The Law of Privacy and the Media (OUP, 2016)

D Solove: Understanding Privacy (Harvard, 2008)

E Barendt et al: Media Law: Text, Cases and Materials (Pearson, 2014)

Gatley on Libel and Slander (ebook via Westlaw)

Journal of Media Law

International Forum for Responsible Media blog - http://inforrm.wordpress.com/

5RB Media and Entertainment Law - http://www.5rb.com/