Legal Restraints

Code of Practice

'The Code gives the industry a firm set of principles to guide it. The Code of Practice Committee is made up of editors from across the newspaper and magazine industries. All members of the press have a duty to maintain the highest professional standards. 

The Code of Practice allows there to be guidelines and restrictions to what journalist can write about, and what editors can publish, which protects the rights of the individual in question and the public's right to know. Every newspaper, every freelance journalist has to follow the Code and keep to its practices. 

The Code has to be followed to the letter and is not allowed to be changed without permission. It is the responsibility of editors and publishers to apply the Code to editorial material in both printed and online versions of publications. There are 16 main areas of the Code, which include Accuracy, Privacy, Harassment, Clandestine devices and subterfuge, Financial journalism, and Payment to criminals.'




When producing my product I need to keep in mind how I will represent my target audience fairly, and below I have listed some research into different acts that make sure the media follows ethical codes.

The Race Regulation Act (1976): states media institutions cannot publish any material that may be deemed offensive to ethnic or racial groups.

The Obscene Publications Act (1959, redrafted 1964): ensures nothing obscene can be represented in the media. It is important to note that the ‘watershed’ remains important for broadcasters as the definition differs for adults and children.

The Representation of People Act (1983): sets out guidelines concerning how much air time each political party can have during a year and how they can use it.

The Public Order Act (1986): Prevents the broadcast or publication of any material that can be considered offensive to any ethnic or national group.

The Sex Discrimination Group (1986): ensures equality of representation for both genders in the media industry.

The Broadcasting Act (1990): states that the ITC (Independent Television Commission) must ensure that programs broadcast must not be offensive in any way. 

Time Line of the Code

(http://www.pcc.org.uk/cop/evolving.html)

January 1991 - A 16 Clause Code of Practice was established covering areas such as accuracy, privacy and discrimination under a committee chaired by Mrs Patsy Chapman (then editor of the News of the World).

March 1993 - Following concerns about the manner in which some material was being obtained by journalists a new clause was added which became Clause (5) Listening Devices.

The Clause read: ‘Unless justified by public interest, journalists should not obtain or publish material obtained by using clandestine listening devices or by intercepting private telephone conversations.’

October 1993 - The following note defining private property was included at the foot of Clause 4 (Privacy):

‘Private property is defined as any private residence, together with its garden and outbuildings, but excluding any adjacent fields or parkland. In addition, hotel bedrooms (but not other areas in a hotel) and those parts of a hospital or nursing home where patients are treated or accommodated. Clause 8 (Harassment) was amended to refer to the above definition of private property with regard to the taking of long lens photographs.’

January 1998 - Clause 1 (Accuracy) was extended to deal with photo manipulation. It also absorbed the clause relating to comment, conjecture and fact.

June 2004 – ‘Clandestine devices and subterfuge. 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.’

August 2007 - Clause 10 is revised to state: i ). 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 unauthorized removal of documents, or photographs; or by accessing digitally-held private information without consent.

ii). Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest, and then only when the material cannot be obtained by other means.

January 2011 - Clause 1 (Accuracy) part ii is amended to read as follows (new section in bold): A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published. In cases involving the Commission, prominence should be agreed with the PCC in advance.

It is worth noting that the News of the World Editor created the code, and later the same newspaper went on the break the code in a massive scandal, breaking clause 10, intercepting private telephone calls and deleting voice mail messages off Milly Dowler’s phone, making her parents and the police believe that she was still alive. Recently her parents have been given £2 million to repay for their distress. The News of the World has been closed due to the scandals of phone hacking, amongst other things.

I have blogged about the Code as this will be important in my work. Every story needs to keep to certain regulations and to make sure I do not report something that violates or offends a certain group of people, or an individual, I will be constantly referring back to this when producing my own newspaper.