BA Hons Broadcast Journalism

1
BA (Hons) Broadcast Journalism
The Centre for Broadcasting and Journalism

• Freedom of Expression
• Airtime for the Minority/Controversial View

2
Freedom of Expression

• Areopagitica, a Speech for the Liberty of
  Unlicensed Printing, 1644,
• One of the first publications advocating freedom
  of the press
• Pamphleteers are the first manifestation of the
  free press

3
Freedom of Expression

• A right long fought for and still in need of
  defending
• Bill of Rights 1688 (1 Will Mary Sess.2)
• ..That the freedome of speech and debates in
  Parlyament ought not to be impeached or
  questioned in any court or place out of
  Parlyament

4
Freedom of Expression

• Britain has no constitutional or legal tradition
  of media freedom
• Freedom of expression was traditionally protected
  by the ordinary courts
• The media had the same rights of free expression
  as the private citizen

5
AV Dicey

• The legal philosopher and jurist Dicey expressed
  this position thus
• Freedom of discussion is in England little
  else than the right to write or say anything
  which a jury of twelve shopkeepers, think it
  expedient to be said or written

6
ECHR and Human Rights Act 1998

• As a high contracting party to the European
  Convention on Human Rights the UK was bound by
  article 10 on freedom of expression
• However before the period immediately preceding
  the inception of HRA 1998 the UK courts actively
  discouraged free speech

7
Media Bias

• Media bias has been with us since the media
  first appeared
• The modern media is far from modern in terms of
  chronology
• Media in terms of mass audience media arrived
  with the printing press

8
Media Bias

• Practicalities prevent journalist from covering
  every angle in a story
• Practicalities make media bias inevitable
• Facts need to be linked into a coherent narrative
  (Newton 1989)
• Excessive explanation in terms of balance would
  be confusing

9
Media Bias

• Other factors influencing bias
• Media ownership
• Media Staff preferences
• Audience targeted
• Advertising revenue
• Deadlines

10
Media Bias

• Target Audience and selective bias
• Modern media is directed towards particular
  audiences
• Tabloid press
• Quality press
• Established political viewpoints

11
Media Bias

• "The sinister fact about literary censorship in
  England is that it is largely voluntary
• George Orwell Animal
  Farm (Preface)
• Orwell recognises the fact that the readers
  themselves chose to self censor material they
  do not like

12
Political Censorship

• Sinn Fein political wing of Irish Republicanism
  (IRA)
• Sinn Fein spokespersons banned from speaking on
  TV during 1980s (denied the oxygen of publicity)
  
• Led to absurd overdubbing of an actors voice
  speaking the words of the spokesperson

13
Terrorism Act 2006

• Filling a gap in the law?
• By inhibiting free speech
• Incitement to commit acts of terrorism already
  well established as an offence under the criminal
  law
• R v Most (1881) 7 QBD 244
• Newspaper article advocating the assassination of
  crowned heads of Europe

14
Terrorism Act 2006

• Joint Committee Third Report identifies what it
  calls a gap in the law
• While it is incitement to say please go out and
  blow up a tube train on July 7th in London
• But not generalised incitement
• We encourage everybody to blow up tube trains

15
Terrorism Act 2006

• S.1(1)
• This section applies to a statement that is to be
  understood by some or all of the members of the
  public to whom it is published as a direct
  encouragement or other inducement to them to the
  commission, preparation or instigation of acts of
  terrorism or convention offences

16
Terrorism Act 2006

• The legislation is designed to prevent the
  glorification of terrorism
• Offence can be committed either intentionally or
  by objective recklessness
• Publisher intends to incite terrorism
• The publisher sees an obvious risk of harm but
  goes ahead and publishes anyway

17
Terrorism Act 2006

• Originally the interpretation of the Act would
  have left the media exposed when interviewing
  extremists
• Publishing such statements may have been reckless
  as to the effect on viewers of readers
• Jersild v Denmark (1994) 19 EHRR 1

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Terrorism Act 2006

• The original drafting could have left
  broadcasters open to criminal prosecution since
  the publication of a statement by an extremist
  would have made out the s.1(1) offence even if
  only recklessly
• Leading to a chilling effect on interviews
• S.1(6) as amended provides a defence

19
Terrorism Act 2006 s.1(6)

• (a) that the statement neither expressed his
  views not had any endorsement (whether by virtue
  of section 3 or otherwise)
• (b) that it was clear in all the circumstances of
  the statements publication that it did not
  express his views and (apart from the possibility
  of his having been given and failed to comply
  with a notice under subsection (3) of that
  section) did not have his endorsement
• Mere reportage of another's words does not
  constitute an offence

20
Jersild v Denmark (1994) 19 EHRR 1

• Danish journalist convicted of racism after
  showing a documentary in which racist groups
  expressed their views
• Conviction disproportionate to aim pursued
• Breach of Article 10 ECHR
• Anti racist laws were not meant to stifle media
  coverage of racism
• Media as public watchdog

21
Racism and Free Speech

• Article 10 ECHR is often invoked as a defence to
  racist commentaries
• Lehideux and Isornia v France (1998) 5BHRC 540
• Kuhnen v Federal Republic of Germany (1988) 56 DR
  205
• Material attacking the Conventions underlying
  values not protected by Article 10

22
Racism and Free Speech

• BNP argue freedom of speech rights to attack
  Muslims as a wicked faith
• BNP relies on current position whereby an attack
  on faith is not racist
• Muslims in fact serve only as a convenient target
  facilitating attack on Asian cultures in general

23
Public Order Act 1986

• S.18 Liability will arise if..
• Threatening, abusive or insulting words or
  behaviour are used by the defendant to stir up
  racial hatred or which make it likely that racial
  hatred will be stirred up against a racial group
  in Great Britain

24
Public Order Act 1986

• S.18 where intent is not evident..
• The accused must be shown to have been aware that
  the words might be threatening abusive or
  insulting
• S.18(5) Awareness equates to subjective
  recklessness

25
Public Order Act 1986

• S.19 Intention to cause or likely to cause
• S.20 By public performance (context must be
  considered)
• S.21 extends the offence to showing or playing of
  visual images or sounds
• S.22 intention or likelihood
• S.164(2) Broadcasting Act covers programme
  services (cable TV)

26
Public Order Act 1986

• S.22 can be committed by
• Programme producer
• Director
• Television Company
• By any person using the offending words or
  behaviour

27
Public Order Act 1986

• S.22 very broadly worded section requiring
  caution in the making of programmes about racism
• Can be committed without intent on part of
  programme makers
• And contains no express defence where
  broadcasters distance themselves from the
  offensive behaviour

28
Public Order Act 1986

• S.23 creates even more problems
• An offence to be in possession of racially
  offensive material with a view to publication or
  distribution
• Intention or likelihood that it will stir up
  racial hatred

29
Public Order Act 1986

• All of the PA 1986 section offences have elements
  in common
• No need to show that racial hatred was actually
  stirred up
• No need to show that there was any intention to
  do so
• Only necessary to show that it might have been

30
Public Order Act 1986

• S.18 is the only public order offence that can be
  committed by words alone
• The biggest threat to broadcasting is that an
  offence could be committed simply by the
  offensive words causing the listener to applaud
  the racist views expressed or to be encouraged by
  them

31
Suppressing the Opposition

• Aljazeera, Qatar based Arab news station critical
  of US/Coalition foreign policy in Middle East
• President George W Bush allegedly threatens to
  bomb its headquarters
• Humorous not serious?

32
Suppressing the Opposition

• Sami Muhyideen al-Haj Aljazeera cameraman held at
  Guantanamo
• 130 interviews all aimed at Aljazeera (rather
  than Al Qaeda)
• Al-Haj offered deal to spy for US government in
  exchange for money US citizenship and to be
  taught Journalism