ABSTRACT
Bullet points summarizing news-gathering conduct that might breach the criminal law and the status of public interest defences:
• ‘Public interest’ definitions and doctrines used to justify breaches of primary and secondary media law
• RIPA (Regulation of Investigatory Powers Act 2000) unlawful interception of electronic radio communications, no public interest
• Computer Misuse Act 1990, no public interest • Data Protection Act, unlawfully obtaining private infor-
mation, public interest defence • Bribery Act, corruption, conspiring to commit miscon-
duct in public office, theft and fraud offences, no public interest defence
• Protection of Harassment Act, defence ‘for the purpose of preventing or detecting crime, complying with legal direction, and reasonable in the particular circumstances’
2˜ PACE (Police and Criminal Evidence Act) 1984. Shields available for journalists including special court procedure required if police want media footage of public news events. Act stipulates a category of excluded material/information which is held in confidence for journalistic purposes
2˜ Article 10 protection of sources; section 10 of 1981 Contempt of Court Act; ECtHR precedents – Goodwin, Interbrew and Dutch illegal car racers
2˜ Venial/pardonable. Public interest exercised through discretion by CPS, DPP, courts/BBC Secret Policeman, lesser crimes committed to expose greater evils
A downloadable sound file of the bullet points on potential news-gathering offences and availability of public interest defences. 4.0 Podcast downloadable https://soundcloud.com/ comparativemedialaw/chapter-4-bullet-points-uk
The PCC, Ofcom, BBC, DPP and the courts all have subtly different though coinciding ideas of what constitutes ‘the public interest’ that would justify breaking laws in the pursuit of journalism. All future references to the PCC in this book relate to its succeeding independent regulatory body constituted following the recommendations of the 2012 Leveson Inquiry Report into the culture, practices and ethics of the press. The judgment calls will in the end be a matter for your personal conscience, the quality of decision-making by your employer and then the mercy of the
investigatory and legal authorities, and even a District Judge, justices or jury at trial. The PCC sets out its understanding of the public interest at the end of its Editors’ Code:
1 The public interest includes, but is not confined to:
i Detecting or exposing crime or serious impropriety. ii Protecting public health and safety. iii Preventing the public from being misled by an action or
statement of an individual or organisation.
