Understanding the law
- 11 Sep 06, 12:07 PM
When we asked 大象传媒 journalists - a lot of them - what they most wanted to do for them, one answer dominated the list: "Make me more confident about the Law".
All conscientious journalists care about contempt and defamation - the journalist who puts a foot wrong in either area can find him or herself personally liable for damages, a fine or even a spell in prison. And self-interest aside, it can never be the aim of any journalist to spread an untruth or interfere with the processes of the courts.
Hence the College's recently launched legal online course for staff covering defamation and contempt - modules on copyright and contract follow next year - supplemented by face-to-face courses for all and sessions aimed at senior journalists.
But however excellent, detailed and interactive a course is, it's only the beginning. Journalists also have to become confident in applying the principles they learn, absorb and practice on the online and face-to-face courses - and as any media lawyer will tell you, all cases are different. Perhaps the most important thing for a journalist to take away from any law course is an ear more finely tuned to the alarm bell that alerts them to the need to seek expert legal advice on the specifics of their piece - to avoid being too cautious as much as too reckless.
Take an example. Last week, Raphael Rowe presented raising important questions about the scientific evidence used in the trial of Barry George, the man convicted for the murder of Jill Dando. Raphael also interviewed two of the jurors in George's trial - revealing uneasiness about the scientific evidence and suggesting that some members of the jury had ignored the trial judge's instructions not to discuss the case outside the jury room.
Those interviews will have sent many journalists scurrying to find their copy of the legal bible "McNae's Essential Law for Journalists" to confirm their - possibly vague - memory that there is a blanket ban on interviewing members of a jury; that it is a clear contempt of court.
As it happens, that's not quite the case... though as a rule of thumb, it's not a bad one; the 1981 Contempt of Court act makes it an offence to "seek or disclose information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of its deliberations". And a 1994 House of Lords ruling made it clear that the intention of the act was to keep "the secrets of the jury room inviolate". Plus, some lawyers believe that the identification of any juror is itself a contempt.
So what to do when a careful, lengthy investigation uncovers evidence that the conduct of the jury in a case might have rendered a conviction unsafe? And that evidence is voiced by the jurors themselves?
I wasn't privy to the discussions between Raphael, Panorama and the lawyers; but it's clear that the decision to broadcast the juror interviews was made in the specific context of the programme and on very precise grounds. As a humble viewer, I was able to detect no questions were put or offered concerning the deliberations in the jury room - and any conversations outside the jury room were contrary to the judge's express instructions; Raphael pointed up more than once in his script that he was aware of the legal restrictions; and, of course, the matter was one of great public interest.
The challenge for the College is to make sure that our journalists are aware of the way in which the law is applied in cases like this - and don't draw the wrong conclusions. It would be wrong, for example, to conclude from this Panorama special that interviewing jurors was now fine in all cases.
The Panorama decision also illustrates another truth about the application of the law - and another challenge for the College. In very few cases where there's a legal risk is the decision to cut or broadcast a clear one. Almost always, the editorial team has to make its decision based on the balance of risk - and since most defamation cases, for example, are settled out of court, there are often too few similar precedents to be a clear and unequivocal guide. In the end, though, it is always should be an editorial decision informed by precise legal advice.
The College can do two things; provide the knowledge that no journalist should lack through online and face-to-face courses; and second, to provide awareness of important cases and decisions. In the end, though, the most important lesson is that all cases are different and there is no substitute for detailed, specialist advice.
Kevin Marsh is editor of the 大象传媒 College of Journalism
