Thursday 13 October 2011

Media Law Week Three. Defamation and Libel.

What is defamation?
If what you write or broadcast about someone or a company tends to...
* Lower them in the estimation of right thinking people.
* Cause them to be shunned or avoided.
* Disparge them in their business, trade or profession.
* Expose them to hatred ridicule or contempt.

Defamation via picturesd is a common problem in television. It is imperitive to be careful with background shots and the voice overs which accompany them.

Reputation and Meaning
A person's repuatation is precious, especially if they are in the public eye, have a lot of money or both!
Be very careful of inference and innuendo, this can both be major hazards. Assess the whole context before printing or broadcasting.

PUBLICATION + DEFAMATION + IDENTIFICATION = LIBEL

Libel Defences
If, as a journalist, you do find yourself being charged with libel there are defences in place.
* Justification- if what has been printed/ broadcast is true and can be proved in court.
* Fair Comment- honestly held opinion based upon facts or privileged material, in public interest.
* Absolute Privilege- this covers court reporting.
* Qualified Privilege- this covers police quotes, press conferences etc.
* Bane and Antidote- this is defamation removed by context, giving a lot of balance.
* Apologies and clarification- although it is a bit of a late defence and papers will not always be happy to print an apology, it can avoid further legal problems.
* Reynolds Defence- this states that material must be in the public interest and a product of responsible journalism. For a more in depth look at the Reynolds Defence, take a look at http://www.guardian.co.uk/media/2005/feb/03/pressandpublishing.law

Generally, using balance in any piece will give a lot of protection.

No Defence
You will have no defence against libel if...
* You have not checked your facts
* You have not 'referred up,' talked to your editor, a lawyer etc.
* You have not put yourself in the shoes of the person or company you write about.
* You got carried away with a particularly 'spicy' story.
* You have not waited for a lawyers opinion.

It is vital to RECOGNISE RISK!
Think who you are writing about, could they sue?
Is what you are writing about potentially defamatory?
Do you have a defence?

Here are a few recent stories and articles concerning libel which are worth a read.
http://www.bbc.co.uk/news/uk-england-manchester-15183877
http://www.independent.co.uk/news/uk/crime/online-libel-cases-double-2344452.html
http://www.justice.gov.uk/consultations/draft-defamation-bill.htm

Thursday 29 September 2011

Media Law, Week One

Following on from our media law course in the first year of University, we are revisiting this topic to ensure we are fully aware of how to protect ourselves as journalists.

Over the next eight weeks, we will be covering the following topics:
* Outline of the legal system in England and Wales
* Crime reporting and the courts
* Libel and defamation
* Investigative journalism and privilege
* Confidentiality and privacy
* Freedom of Information
* Copyright and codes of conduct
* Reporting Elections

It is important to have knowledge of some of the key figures within the law system. The Director of Public Prosecutions (DPP) is currently Keir Starmer. He is responsible for the criminal justice policy, legal issues and prosecutions.

Kenneth Clarke is the Lord Chancellor and Secretary of State for Justice.

Lord Chief Justice of England and Wales is Lord Judge.

We covered the court system, for a simple diagram follow this link: http://www.supremecourt.gov.uk/files/uk-legal-system.pdf

Another great site to visit to gain more knowledge on law and court systems is: http://www.judiciary.gov.uk/

Thursday 12 May 2011

WINOL Semester Two, Week Ten

The tenth week of the semester I presented sport. Despite the fact I know next to nothing about sport, I was extremely keen to present again.

I asked the sports editor Gareth Messenger to help me with the scripting and talk me through the sports stories for the week.

The guest editor for the week was Geoff Hill, the news editor from CNN, so I was keen to do well.

Everything went fairly smoothly. There were unfortunately some technical difficulties during the news as one of the VTs would not play, but Kieran Brannigan, the news presenter for the week, recovered well and the bulletin was successful. Geoff Hill praised the production team for recovering from the technical difficulty and explained that it is not something to be criticised but something we must all experience as it a difficulty anyone in the profession could encounter.

I managed to present sport confidently and again avoided stuttering or adding words to the script as I seemed to do in rehearsals. I was pleased to have had another chance to present.

WINOL Semester Two, Weeks Eight and Nine

After a four week Easter break I had now moved onto production. There was no bulletin to be recorded this on week eight due to the bank holiday, so it was mostly meetings in preparation for the next week.

For week nine, I was eased into production. I had never contributed to any of the production during the bulletin so I was shown how to use the sound board and briefly shown vision mixing. I was more of a runner as I did not feel confident enough to be put in charge of something which was key to the bulletin, as I did not want the responsibility of ruining something vital. Instead I chased up timings, collated the order of the bulletin and then sat in the gallery whilst the bulletin was recorded so I could see how everything worked and what roles each member of production team was in charge of.

Although a lot of work and precision goes into filming the bulletin it was not as over complex as I had expected.

WINOL Semester Two, Week Seven

Despite only having been on news for a short time, I was a little relieved for week seven to be my last on the news team. I found a light-hearted story on a fundraising event at a Winchester restaurant in aid of the Japanese tsunami. I contacted the restaurant for permission to film and they happily agreed and even said myself and three peers could get complimentary meals. Mentioning any sort of publicity and press pass clearly pays off.

The filming went well, especially as the restaurant was so busy and there was a lot to film. I got an interview with one of the event co-ordinators and one of the waitresses who was set to go back to Japan the following day.

Editing was a little stressful as it all had to be finished by 12pm that day but as soon as I scripted my voiceover and knew how much time I had for the package it all seemed to run fairly smoothly.

Although it was only a short piece, it was an achievement to get a fourth package into the bulletin. The main criticism I received was that not enough of the atmosphere was captured and that I could have used much stronger shots to emphasise the community spirit and generosity.

Looking back at my stint on news, I do not think I realised how difficult it would be to put together a high quality and interesting news package every week. However, I think it is hugely beneficial to try and localise national stories. It is important to look at BBC News and websites for national papers, rather than focussing on reading local papers and local press releases.

WINOL Semester Two, Week Six

Week Six on WINOL turned out to be a bit of a disaster. The news stories I had come prepared with were weak or in the case of some, filled with legal issues. My editor asked me to contact Ali Al- Jamri again to see if we could set up another skype interview with his father to get an update on the Bahrain situation.

I drafted a list of questions and scripted a rough draft for the opening of the package, prepared all my links and handed them to the WINOL editor in preparation. Unfortunately due to what I can only say was a total lack of communication, another interview with a different Bahraini correspondent had been set up and was being conducted by my news editor.

I was, of course disheartened as it meant I would now not have anything for the bulletin this week. It was explained that there had been mixed communications on who was taking the interview and who it had been set up with. It emphasised the importance of constant communication within the news team to avoid any further incidents such as this.

WINOL Semester Two, Week Four

The fourth week on news actually turned out to be quite a big one for me. My news editor wanted to broaden our stories from being just Winchester based and look at something a bit further afield. One of the first year students on the course, Ali Al- Jamri, has connections to Bahrain, as his father works as a journalist out there. I contacted Ali and asked whether it would be possible to set up a skype interview with his father to discuss the deteriorating situation in the Middle East and to find out what it is like to be a journalist in country experiencing such political unrest.

The skype interview was set up for the Tuesday to ensure there was enough time to edit everything and in a way test the waters to see how successful the interview method would be.

I wrote out a list of questions and made sure I had done enough background research on the recent events and protests in Bahrain to be able to discuss them if necessary. I felt surprisingly nervous about interviewing a journalist and I also prepared myself for any technical difficulties.

The actual interview went very well and despite a few issues to begin with, skype worked really well. Mr Al- Jamri spoke of such a broad range of concerns in Bahrain, that I had plenty to work with and choose from for my package.

I also interviewed Ali to localise the story and to strengthen the human interest topic in the piece. I managed to find copyright free footage from www.creativecommons.com of the recent Bahrain protests which was fantastic to use as a headline clip and really emphasised the story.

I planned exactly how I wanted the package to open and which clips from the interview I wanted to use. I opened with a short interview clip from Ali, followed by clips of the protests to link across to the interview with Mr Al- Jamri. I was thoroughly pleased with the scripting and overall outcome of the package. The guest editor on WINOL that week was Tom Hepworth from BBC South and I received some really positive feedback from him on my package. He said he liked my opening interview with Ali as it was slightly unconventional but worked well, although I could have used more shots of Ali’s face at the end to emphasise the human interest and local connections in the story.

Overall, I was really pleased with how the package turned out and I was proud to say I managed to successfully conduct a skype interview, use copyright free footage and localise a story which is such a huge worldwide newsworthy topic.

WINOL Semester Two, Week Three.

The third week of the semester saw me making my presenting debut. I was extremely nervous as I had become used to being behind the camera, rather than in front of it. I also had to put together an OOV for the bulletin, as opposed to a package, as I could not introduce myself on a news story.

Again, I found it difficult to find a campus related story that did not revolve around finance, so I did a short piece on an employment fair at the university. My news editor came with me to help me film whilst I interviewed representatives from different job industries. Having someone to help me film made me realise how much I lacked confidence on cameras and framing interviews, as I realised I was constantly asking for reassurance and if everything was set up appropriately. I definitely needed to be more assertive.

I edited and scripted my OOV ready to go in the bulletin. It was a fairly basic piece but at least I would have something to go into the bulletin, unlike the previous week.

Actually presenting the bulletin was far more fun and relaxed than I expected. I thought I would be more nervous but after rehearsal I realised that there was not anything to worry about. We did a live OB for sport and that went smoothly and I managed to make it through the entire bulletin stutter free. We had pre- recorded the end of the bulletin as we did a short interview with one of the production team, Justina Chlad, on her polish bulletin. Overall I was happy with how it had gone and I received praise on my confidence in presenting. It is definitely something I could get used to.

HCJ Seminar: Tractatus Logico Philosophicus, Ludwig Wittgenstein

The introduction to Wittgenstein’s Tractatus is written by Bertrand Russell and explains some of the books main ideas and concepts.

Russell begins by outlining Wittgenstein’s ideas on symbolism and language. He initially identifies the four main problems with language.
1)What it is that occurs in our minds when we use language with the intention of meaning something by it
2)The relationship subsisting between thoughts, words, sentences and what they refer to and mean
3)Using sentences to convey the truth instead of lies
4)The relation one fact (i.e a sentence) has to another in order to be a symbol for the other.

There are conditions for accurate symbolism. A logically perfect language has rules of syntax which prevents nonsense and single symbols have a definite and unique meaning. An ideal language would have one symbol for everything and no multiple meanings.
Wittgenstein also makes a comparison between linguistics and geometry. A geometrical figure can be projected in many different ways, with each corresponding to a different language. Proposition and fact must have something in common if the proposition is to assert the fact. For example; ‘Socrates loves Plato.’ The two men must be named and the word ‘loves’ establishes a certain relationship between the two names.

‘We make to ourselves pictures of facts.’ Wittgenstein believed that a picture is a model of reality and the objects in the reality correspond to the elements of the picture. The picture itself is a fact. However, the picture must share a logical form with the fact. This logical form cannot be depicted.

The world is not described by merely naming all the objects in it.
The preface to Wittgenstein’s Tractatus opens by stating ‘This book will only be understood by those who have themselves thought the thoughts that are expressed in it or similar thoughts.’

The book deals with the problems of philosophy and states that the method of formulating these problems rests on the misunderstanding of the logic of our language. Wittgenstein drew a limit to thinking and the expression of thought. He firmly believed in his idea of logic and was certain he had solved the problems put forth by himself, but little had been done about it.

The first part of the Tractatus deals with ontology, what the world is made up of fundamentally. Everything relies on fact, the world is made up only of facts and divides into facts. Objects form the substance of the world and cannot be compound. Something either has a singular meaning, making it easy to define, or multiple meanings, making it difficult to differentiate.

Space, time and colour are all forms of objects and the existence of objects provides the world with a fixed form. Logical form is the form of reality.

What is thinkable is also possible. We cannot think anything illogical or we would have to think illogically. Therefore, as we cannot think in a manner that defies logic, we are unable to say what an illogical world would look like.

Reality is made up of simple objects which are combined to form states of affairs. A state of affairs either can be the case or cannot be the case. The world is the totality of states of affairs.

Objects are simple and cannot be analysed, as they only exist within the context of the state of affairs. Each object has a logical form which determines their combination within the state of affairs. Think of it like links in a chain. However each object does not need a relational object to hold them together. Logical connections between states of affairs and elementary propositions show themselves, so there is no need for logical objects such as ‘and’ or ‘that’ to hold them together. The premise that logical objects do not actually represent anything is one of Wittgenstein’s fundamental ideas.

Wittgenstein moves on to look at how language works to accurately describe the world. Language is made up of propositions. A proposition is a logical picture of reality and it mirrors reality by sharing its logical form. Names mirror objects.

Elements in a proposition are set out to resemble the reality which they represent. Signs acquire meaning through their use in propositions. If a sign is used in two entirely different ways, it represents two entirely different signs.

Wittgenstein believed that most problems within philosophy arise because people attempt to talk about things which can only be shown. Wittgenstein differentiates between ‘formal concepts,’ which cannot be spoken about, and ‘concepts proper,’ which are legitimate components of propositions. Philosophy is NOT a body of propositions, it should instead be thought of as an activity to clarify the logical structure of language and thought.

Wittgenstein also outlines three different types of proposition:
1)Tautologies- which are always true
2)Contradictions- which are always false
3)Propositions with a sense- which can either be true or false
True propositions always follow on from one another. However, if any part of the proposition is false, it falsifies the entire proposition. This can be fully explained by using Frager’s truth tables. Propositions of logic are all tautologies and therefore all equivalent.

Wittgenstein believed that language and the world both shared the same limits, leading to the reflection that the claim made in solipsism that ‘the world is my world’ is correct. However solipsism also cannot be put into language.

Wittgenstein also looks at maths and states that it does not actually say anything about the world but instead reflects the construction of propositions. Moving on from this, he says that the laws of science are not logical laws but merely an interpretive method.
Wittgenstein concludes that the only correct method to apply in philosophy is to remain entirely silent about philosophical questions. Anyone trying to talk about philosophy, is effectively just talking nonsense.

‘What we cannot speak about, we must pass over in silence.’

Friday 4 March 2011

The Outsider, Albert Camus

The Outsider, written by Albert Camus was published in 1942. Is written in perfect tense, as if all the events are taking place at the present moment.

The book opens with the death of Meursault’s mother. He is very matter of fact about her death and shows very little emotion towards it. He seems slightly concerned with what other people think. He apologises to his boss for needing time off work and gets embarrassed when he says he does not wish to see his mother’s body before the funeral. It is like he is aware of how he should act but still conveys no real emotion. Meursault’s character is very observant, noticing the details of his surroundings, how people are dressed rather than focussing on the death of his mother. He is very emotionally detached.

The beginning of chapter two opens with Meursault rationalising about why his boss would have been annoyed at him having time off for his mother’s funeral as it was the two days before the weekend. He seems to understand his boss’ annoyance yet is indignant that it is not his fault that the funeral was not on a weekend. When he tells Marie about the death of his mother, he again feels the need to explain it is not his fault but stops himself in case he sounds foolish, stating ‘Still, foolish or not, one can’t help feeling a bit guilty, I suppose.’

At the end of chapter two Meursault says ‘It occurred to me that somehow I’d got through another Sunday, that Mother now was buried, and tomorrow I’d be going back to work as usual. Really, nothing in my life had changed.’ Showing again how matter of fact and emotionally detached he is and the amount of description of the world around him shows that he is more concerned with the physical aspects of life rather than the social or emotional.

Chapter Three is mainly observational. Meursault speaks of characters he sees on a regular basis and describes his surroundings in detail. He has dinner with his neighbour Raymond, who tells him of wanting to punish a girl who had double crossed him. Meursault does not seem in the slightest bit shocked by the stories of Raymond beating the girl and seems to understand him wanting to punish her.

Chapter Four shows more of Meursault’s relationship with Marie. When she asks if he loves her, he simply tells her that the question makes no sense, he does not seem affected by her disappointment from his answer. When the domestic breaks out with Raymond and his girlfriend and Marie asks Meursault to call the police, he does not do so on the basis that he does not like police. He shows absolutely no concern for the woman’s safety and has no moral standing on the situation.

Meursault’s thought processes are always straight forward and logical to him. He does not say what people want to hear, he always give a direct answer and lacks the ability to empathise with people. When Salamano is upset over the loss of his dog, Meursault is very direct in explaining he may not get the dog back, he shows no sympathy.

Chapter five again shows just how black and white Meursault’s views are when Marie asks to marry him and he does not show an interest either way and explains he does not see the point in marriage. He believes he is being rational.

When the fight breaks out between Raymond and the two Arabs, Meursault again observes with no real sense of panic until one of the Arab men pull out a knife but even then he is not fazed by it and it does not seem to overly worry him. When Raymond and Meursault see the Arabs whilst walking along the beach, Meursault is more than prepared to help Raymond in ‘punishing’ them.

In a later conflict on the beach, Meursault shoots one of the Arab men.

Part Two of the book begins in the police station after Meursault’s arrest; he is calm about the situation and does not even think it is necessary to have a lawyer. It is his belief that the case is simple. When being questioned about his ‘callousness’ at the death of his mother, he responds by saying he had ‘lost the habit of noting his feelings.’

When answering questions about the murder, Meursault is completely calm and overly logical. He tells events exactly as they are with no regard to how it will sound or whether it makes him seem guilty. He tells the absolute truth.

When Meursault is in prison he simply states it would be a phase in his life that he would not wish to talk about. He does not show any happiness at Marie’s visit to him but instead describes the surroundings on the way to the visitor’s hall.

Meursault also describes his transition into thinking like a free man to thinking like a prisoner and how it took only a few months for him to adjust. This emphasises the existentialist views, he does not think about the future and he quickly forgets the past, living only in the present and dealing with each day as it presents itself.

When Meursault’s trial begins and he is questioned over his feelings on putting his mother into a home he again does not acknowledge any emotion in the situation.

It is determined that his lack of grief over his mother’s death shows his lack of social morals and because of his relationship with Raymond (testifying as a witness) the murder must have been premeditated. As there is no ration al explanation to Meursault’s murder of the Arab man, the court finds a way to rationalise it and seek justice for it. Meursault becomes aware that the jury and even his own lawyer are constructing a meaning to Meursault’s life and this is something he himself had never considered as he only ever lived in the present with no motivation or consideration of the future.

Even when Meursault is sentenced to death, in the lead up to the execution he counts himself lucky each day when he does not hear the footsteps coming to take him to his death. Even with his imminent death he does not look to the future. Meursault’s rejection of religion is also apparent in this last part of the book when the chaplain visits and Meursault becomes enraged, denying the existence of God and that the only certainty in life is death.

The last part of the book sees Meursault lose all remaining hope, all his previous thoughts of escape leave him and he seems to accept the situation for what it is. He only hopes there is a large crowd to watch his execution. He previously said that execution is interesting for a man to watch.

‘For all to be accomplished, for me to feel less lonely, all that remained to hope was that on the day of my execution there should be a huge crowd of spectators and that they should greet me with howls of execration.’

Some of the major themes identified in the book are absurdity, the need for people to impose rational order where there is none.

There is a focus on the unimportance of human life, which Meursault is an example of throughout and this is strongly emphasized at the end with Meursault’s declaration of the only inevitability in life is death.

Tuesday 22 February 2011

WINOL Semester Two, Week Two

Last week did not quite go according to plan as far as getting a good news story. In the news meeting we all discussed our ideas and I intended to do a story on the legalisation of gay marriage. I had read the story on the BBC News website. There had been further talk from Equalities Minister Lynne Featherstone about lifting the ban on civil partnerships taking place in religious settings. I had hoped to localise the story and speak to the Bishop of Winchester about his views on the matter. To ensure the story was balanced I also contacted the head of the LGBT at the University.
After making calls to the Bishop of Winchester's secretary throughout the day on Monday, I was told that the Bishop did not feel it would be appropriate to give an interview on the proposal until a decision had been finalised. I then proceeded to contact the head of the Chaplaincy at the University but unfortunately he was not available to speak.
It was then decided that this story should be put on the back burner until the government have made a final decision on the legalisation of gay marriage.
With my initial story now having fallen through, I was asked to do a 'fluff' piece on Valentines Day and whether it was a success in Winchester. I set off down Winchester High Street on Tuesday morning to speak to retailers about their views on how this year's Valentines Day had been. Most places were unwilling to speak to me either due to legal reasons or simply because none of the staff wanted to be on camera. One shop I went into the woman behind the counter looked at me and just said 'no.' With no explanation as to why. Personally, I found this rather impolite.
I could already tell this piece was going to be a disaster. As I was sat editing the footage together on Wednesday morning I knew this was not something I wanted to be broadcast under my name. My lecturer Brian Thornton pointed out to me I had already self spiked my story and that no matter what my opinion on it is, the most important thing is to complete it and meet the deadline. That way it is the news editors decision on whether the package is usable.
I was of course quite relieved the piece did not make it into the bulletin because it was pretty awful and there was no real angle on it but I know for future reference not to openly broadcast the fact I think it is horrific.

Wednesday 9 February 2011

WINOL Brief, Semester Two, Week One

This semester I am part of the news team. Each week I will be producing a news package on students and campus. In the briefing it was decided that instead of keeping the stories based at University of Winchester, we should broaden and include Southampton Solent and Southampton University.
It was also discussed what is expected of us as part of the news team. It is vital to NEVER attend a news meeting without any ideas or at least two or three stories lined up. We need to attend the meeting with our interviews arranged and a clear outline of our package in mind. Having more than one back up story is also essential.
It is also important to attend the debrief every Monday at 9.30 as feedback and criticisms are essential.
My first package this week was regarding a new Modern History Research Centre at the University of Winchester. I was a little apprehensive that I only had roughly two days to get my interview, film and edit but the key is to be organised. After the news meeting on Monday, I e-mailed the head of the history department to arrange an interview. He passed me on to the convenor of the project- Dr Tom Lawson. I arranged an interview with him for 2pm the following day, ensuring I had my questions planned.
Tuesday, I filmed my GVs and the interview and spent the evening editing the piece together. As my first piece, it isn not terrible but I know there is a lot of it that could have been done better. The background on my interview was far too chaotic and the framing needed to be tighter. I could have filmed a better selection of GVs, as the ones I used for the end of the package do not seem entirely appropriate. I will be interested to see the feedback from my project on Monday.