Media Law - Lecture 1

Introduction to the UK legal system:

Court Hierarchy

The UK exercises a free press. This is having the freedom to express and communicate to the public without state intervention. The preservation of this freedom, which the press has, may come from constitutional or legal protections.
The UK does not have a written constitution, which allows the citizens of the UK to do what the law does not prohibit. The European Convention on Human Rights – ECHR – was put in place to protect human rights and fundamental freedom in Europe.
One aspect of the law, which can sometimes be unclear, is the issue of Public Interest. If public interest is argued and justified to be crucial to the publishing of information, this usually means that, the information’s value to society is regarded as high.

The Human Rights Act 1998 was introduced alongside the ECHR.

Article 2 of the Act states:

1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
a) in defence of any person from unlawful violence;
b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 8: Right to respect for private and family life.

1) Everyone has the right to respect his private and family life, his home and his correspondence. 2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the prevention of health or morals, or for the protection of the rights and freedoms of others.

Article 10: Freedom of expression.
1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2) The exercises of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received n confidence, or for maintaining the authority and impartiality of the judiciary.

There are restrictions on information, which can and cannot be published to the public. The laws include Privacy, Breach of Confidence, Libel and Defamation. These will be explored in more detail every week after each Law lecture.