Regulation Print and Online

• Ethical conduct


  Judges ruling on claims of media intrusion into privacy or breach of data protection law must take relevant codes into account.
• Regulating Journalists


  Journalists regulated by law (eg. Contempt of Court Act).

  Journalists also regulated by regulatory bodies.

  Print and online - self regulation - IPSO, IMPRESS

  Broadcasting - Statutory regulation - OFCOM

  Journalists MUST comply with law

  Journalists SHOULD comply with ethical codes

  Ethical codes and laws often overlap

  Sometimes are in conflict
• IPSO: The editors code of practise

  The editors code has 16 clauses. These set out ethical standards on a range of issues including accuracy, privacy, children's welfare, preventing harassment and intrusion into grief or shock, and banning the use of excessive detail in coverage of suicides, as well as governing how journalists make inquiries at hospitals and their use of undercover tactics involving secret filming, subterfuge or misrepresentation.
• Public Interest


  - Detecting or exposing crime, or the threat of crime, or serious impropriety

  - Protecting public health or safety

  - Protecting the public from being misled by an action or statement of an individual or organisation

  - Disclosing a person or organisation's failure or likely failure to comply with any obligation to which they are subject

  - Disclosing a miscarriage of justice

  - Raising or contributing to a matter of public debate, including serious cases of impropriety, unethical conduct or incompetence concerning the public

  - Disclosing concealment, or likely concealment, of any of the above.

  There is a public interest in freedom of expression itself.
• Accuracy - Clause 1


  The press must take care not to publish inaccurate, misleading or distorted information or images, including headlines not supported by the text.

  Must distinguish clearly between comment, conjecture and fact.

  Clause 1 is not subject to the public interest exceptions - there is no public interest inaccuracy.
• Privacy - Clause 2


  Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.

  Account will be taken of the complainant's own public disclosures of information.

  It is unacceptable to photograph individuals, without their consent, in public or private places where there is a reasonable expectation of privacy.
• Harassment - Clause 3


  Do not engage in intimidation, harassment or persistent pursuit.

  Don't persist in questioning, telephoning, pursuing or photographing individuals once asked to stop.

  Don't remain on property when asked to leave.
• Intrusion into grief and shock - Clause 4


  Make enquiries and approaches with sympathy and discretion.

  Handle publication sensitively.

  Publishing shocking material before next of kin have been informed.

  There is no public interest defence.
• Reporting suicide - Clause 5


  Research has found that news of suicides may prompt others to take their own lives in the same way. To minimise this risk, clause 5 of the code says reports or suicides should avoid giving 'excessive detail' about the method used.
• Children - Clause 6


  Must not be photographed/filmed (secretly or openly) or interviewed about issues concerning their welfare or welfare of another child without consent of appropriate adult.

  Children must be allowed to complete their education without interference.

  Children must not be filmed, photographed or interviewed on school premises without permission of school authorities.

  Must not use fame/notoriety/position of parent as sole justification for publishing details of child's private life.

  There must "exceptional public" interest to breach these clauses.
• Children in sex cases - Clause 7


  Do not, even if legally free to do so, identify children under 16 who are victims or witnesses in sex offence cases.

  Adults may be identified but don't include information that implies relationship between child and accused.
• Hospitals - Clause 8


  Identify yourself as a journalist and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries.

  Remember, restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
• Reporting of crime - Clause 9


  Relatives or friends of persons convicted or accused of crime should not generally be identified without consent, unless they are genuinely relevant to story.

  Particular regard should be paid to potentially vulnerable position of children who witness, or are victims of, crime.
• Clandestine devices/subterfuge - Clause 10


  The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices, or by intercepting private or mobile telephone calls, messages or emails, or by the unauthorised removal of documents or photographs, or by accessing digitally-held information without consent.

  Always be upfront about who you are and what you are doing.

  Irrespective of Code, using hidden cameras or microphones could breach privacy law.

  Public interest exceptions only apply when reasonable to believe open approach would not work.
• What does law say about hidden cameras


  Not criminal offence to use hidden camera or microphone. Could breach civil law eg: "reasonable expectation of privacy".

  Illegal to intercept emails and voicemails - under RIPA and Computer Misuse Act 1990.

  Not illegal to record phone call you take part in.

  Not illegal to pretend to be someone you're not (unless you impersonatepolice officer, or to obtain goods by deception, or gain entry to propertywith view to theft, eg. bogus caller).
• What editor codes say.

  Must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices.

  By intercepting private or mobile telephone calls, messages or emails.

  By the unauthorised removal of documents, or photographs.

  By accessing digitally-held private information without consent.

  Recording phone calls you take part in without consent is not a breach (IPSO).

  Must not use misrepresentation or subterfuge.

  Must identify yourself and whom you represent if requested.

  *CLAUSES SHOULD ONLY BE BREACHED IN PUBLIC INTEREST.
• Victims of sexual assault - Clause 11


  The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification AND they are legally free to do so.
• Discrimination - Clause 12


  The code says the press must avoid prejudicial or pejorative reference to an individuals race, colour, religion, sex, gender identity or sexual orientation.

  Details of an individual's race, colour, religion, gender identity, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.