Five laws editors need to know better than their staff

BEING an editor places great demands on your time.

You might well have arranged training for your staff, but have you thought about your own? When was the last law refresher you attended?

You might reasonably leave day-to-day spotting of legals to your newsdesk and subs, but in some cases it is you that will be held responsible when things go wrong.

Here, briefly, are five areas of law an editor really needs to know.

1 – Sexual offences anonymity
There is now a large number of offences which give anonymity to a victim as soon as a an offence is reported and that report can be to anyone, not just police. Relatively new offences like trafficking and voyeurism are catching journalists out because they do not realise they are sexual offences.

The consequences of breach are very serious, a prosecution under the Sexual Offences Amendment Act 1992 – and the CPS will sometimes prosecute both the paper and the editor. Conviction will result in a criminal record for a sexual offence.

2 – Contempt of Court

The law isn’t new, it’s been around since 1981, but what is new is Attorney General Dominic Grieve’s willingness to prosecute.

He said when he took office that prejudicial publication was a concern and he has been true to his word in allowing prosecutions for contempt.

They can still, theoretically, jail editors for contempt (last time that happened was the editor of The Mirror in 1949 over converage of the Haigh Acid Baths Murders) Nowadays they give the editor a personal fine, as well as the paper. Fines are unlimited, but tend to be in the tens of thousands of pounds.

Publication of material which would not have resulted in prosecution five years ago, is now being being taken to court.

3 – Defamation Act 2013

Libel remains your most potentially expensive problem. The new Act will probably be implemented from summer 2014. It contains new defences and new limits on how claimants can take action against you. You and your staff need to understand the changes it introduces.

4 – Bribery Act, RIPA, Misuse of Computers

The laws we saw Leveson explore at some length. You may well be taking on young, technically adept journalists. They, and you, need to know the legal limits on use of their technical expertise in obtaining stories. Likewise, what is a bribe, who can be bribed and how to avoid a bribery charge?

5 – Copyright

The next big issue coming down the track I think. Journalists are magpies and tend to regard the Internet as a limitless source of free material, especially imagery. People posting pictures online seem to be becoming more aware of their legal rights over such material and we will, I think, start seeing actions for copyright breach in the near future for the sort of online pilfering reporters have regarded as safe up until now.

If the above has given you pause for though, I run in-house law refreshers for editors and their staff. All sessions are tailored to the individual publication concerned. If you would like to talk about training, drop me a line at davidbanksmedialaw@gmail.com

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