Seven deadly sins of court reporting

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Yes, I know, see point 7

COURT reporters, what are they then?

Well you may ask, because if you believe reports of the industry, they are a dying breed.

But then, they were dying back in the days I was numbing my backside on the press bench of Wrexham Magistrates Court as a wet-behind-the-ears junior reporter on the Evening Leader.

It is true that as the regional press has de-staffed, sorry, management-speak, cut jobs, increasingly the dedicated court reporter posts have decreased.

Bit the courts do still get reported, and my first editor, Reg Herbert, who would demand ‘every cough and spit’ from Wrexham Mags, I still believe that they are the best free show in town. All human life is there and it is no coincidence that Dickens was a court reporter, his novels populated by the characters he came across in the courts.

If you are a junior reporter heading to court for the first time, or a blogger who has spotted a gap in the market, here are seven deadly sins all court reporters should avoid…

  1. Don’t use your mobile phone. You can, usually, use your phone to file copy by email, or to text your newsdesk. The courts have been told that this should generally be allowed, and only in special circumstances should it be forbidden. If you have your phone turned on, make sure it is switched to silent. One reporter was more than a little embarrassed when, during the sentencing of a murderer, his phone went off playing a rendition of The Gay Gordons
  2. Don’t use your mobile phone as a camera. That souvenir selfie of your first day as a court reporter could see you spending your first day in the cells below. Photography during court proceedings is against the law, as various notices around the court will tell you. Taking a photograph with the court administration’s permission – such as of a retiring magistrate in an empty courtroom for a feature – would be fine. Thanks to Twitter follower Tom Webb for reminding me, you’re not allowed to use a phone, or any other device to record the proceedings either. Get a notebook, pen, and learn shorthand.
  3. Don’t bow. You will see officers of the court – the lawyers and ushers, bowing to the judge or magistrates as they leave or enter the court. I have seen some court reporters do this, but there really is no need. You are not involved in the proceedings, you are just reporting them.
  4. Don’t be intimidated. Court staff are overworked and can, sometimes, be less than helpful. Remain studiously polite, but insist on the information that you need in order to produce an accurate report of proceedings. Courts are under instruction from the Ministry of Justice to make court lists available, so make sure they give them to you when you need them.
  5. Don’t forget your law. You’re not expected to know the criminal law inside out, but you needs to know the basics for court reporting. Libel, specifically privilege defences for court reporting; contempt of court; reporting restriction on preliminary hearings; anonymity rules for children and sexual offences to name but a few. This is where I come in, I run training sessions on all this and I’m cheaper than getting a massive fine or paying libel damages. See my training page for details of the courses I run.
  6. Don’t forget court reports are about people, not the process. Don’t get caught up in the terminology or the complexities of the law. Tell the human story about the offence, the perpetrator, the witnesses and the victims.
  7. Don’t use a picture of a gavel to illustrate a court report. This is a courtroom, not an auction and they don’t use them in UK courts, ever. I’ll laugh at you if you do, as will the Twitter account @igavels, which was set up to highlight such abuse.
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Why the media should not back Brexit

THIS is a hard sell, I know, but Paul Dacre, editor of the Daily Mail, should love the European Union.

Every day, he, along with every other UK newspaper editor, should pen a love letter to the bureaucrats of Brussels.

They should be praying fervently that on June 23 we vote Remain and stay in the EU.

Why? Because it is the only thing keeping him, and every other editor, website owner and blogger out of jail.

Anyone who allows third party content on a site under their control ought to give thanks we are in the EU where they are under the protection of the catchily-titled Electronic Commerce Directive 2000/31/EC.

This is a very useful bit of Brussels bureaucracy that was enacted to protect those providing platforms for others to access internet publication. So it protects ISPs and it has always protected newspaper forums – where readers get to express an opinion online about content.

Now, I don’t know whether you’ve ever been ‘below the line’ on a Daily Mail story, but it can be a very, very strange place to be. On stories involving race, gender, immigration and refugees, it is like lifting a rock on society and seeing the ugly stuff scuttling about underneath.

And this is not behaviour confined to the Daily Mail either. Recently The Guardian analysed comments made on stories on its site and while much was positive, there was nevertheless a range of comment that was ‘crude, bigoted and vile’.

The directive also protects any website with a comment function and it protects bloggers like me when people comment on my posts. As I said, enormously useful and given to us by the EU.

Often the main concern about online forums is the threat of libel and we do have our own homegrown bit of law that protects us in the Defamation Act 1996. The defence of innocent publication says that as long as you did not know the material was there and removed it promptly when notified, you do not have a liability.

But this very good bit of law only protects us against libel, nothing else.

Now, let’s delve ‘below the line’ again in a newspaper forum. You will soon see all manner of legal liability is to be found there, not just libel.

You can find contempt of court, harassment, inciting hatred, breaches of privacy and copyright violation to name but a few. Now, to be prosecuted for some of these offences it would need to be shown that we had some form of intent to commit an offence. But with some offences, such as contempt of court, there is no such requirement – if you’ve got the content on your site, you’re guilty.

The beauty of the EU directive is that it protects you from all legal liability for user-generated-content, not just libel.

At the moment if you are hosting a site which attracts content like that, you are protected by the EU Directive, so long as you are acting as a ‘conduit for publication’. If you are not actively editing or pre-moderating the content then you do not have any legal liability for it unless you leave it up on your site once you have been notified of it.

This defence also protects platforms like Twitter and Facebook against liability for anything posted by their users.

So anyone running a ‘lively’ forum better hope we stay in the EU.

If we don’t, then start hiring moderators, lots of them.