Keeping It Legal ( March 2016 ) Essay

Keeping It Legal ( March 2016 ) Essay

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KEEPING IT LEGAL (MARCH 2016)

QUESTION ONE
a. Fair dealings protect creative writing and journalists by allowing certain parts of copyrights to be quoted and reproduced for the purpose of criticism or review. Without the need for the copyright holders consent. Additionally, public interest is another of the biggest defences for journalists. The 1988 public interest rights allow journalist to report of issues that are public interest to society.
b. Section 68 of the criminal justice and public order act 1994 created it an offence to aggravated trespass. This involves photography, reporting or filming on any cite which is owned or private property. These could include the death door knocking for interviews, touching of someone goods or touching of a person. A case study of this involved the Fortnum and Mason’s store in London in 2012. Protectors were demonstrating about an alleged tax evasion, in which they were trespassing. If a journalist documenting the scene was caught up in the event, they too can be prosecuted for the same offence of trespassing
The property or land owner who object to reporting or recording on their land may inforce an injunction by using the civil law of trespass. Which would forbid unlawful entry to the land. If broken, an action in civil court could take place where damages could be paid out for the trespassing. Additionally (IPSO) editors code of practice; clause 3, the entitlement to respect for his or hers privacy and part III) that private property where there is reasonable expectation of privacy, then prosecution is more likely.

c. Three types of sentences that can be given by a Judge to someone found guilty in Crown court are:
• A fine – a sum of money to be paid. In Crown court there is no l...


... middle of paper ...


...1981. They would also be covered by absolute and qualified privilege that it is in the public interest and freedom of expression to know the outcomes of athletes revealing their sexuality; and how it can cause danger. Additionally, the contempt of court act, section 5 encloses how it can be discussion of public affairs; that what printed was a discussion in good faith and matter of public affairs an innocent publication. Which implies that the discussion of public affairs does not have to stop, merely because a case has become active. If this feature was subject to contempt then they would have to prove the intentions. That the publisher beyond reasonable doubt intended to prejudice the trail. In addition to prove contempt of court the would need to prove DIP test; that they were of substantial risk of serious impediment.



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