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Comparative Media Law and Ethics Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 COMPARATIVE MEDIA LAW AND ETHICS Providing practical and theoretical resources on media law and ethics for the United Kingdom and United States of America and referencing other legal juris- dictions such as France, Japan, India, China and Saudi Arabia, Comparative Media Law and Ethics is suitable for upper undergraduate and postgraduate study and for professionals in the media who need to work internationally. The book focuses on the law of the United Kingdom, the source of common law, which has dominated the English-speaking world, and on the law of the USA, the most powerful cultural, economic, political and military power in the world. Media law and ethics have evolved differently in the USA from the UK. This book investigates why this is the case. In one chapter Tim Crook considers other media law jurisdictions: • common law – a focus on India – the biggest democracy in the world and the largest middle class • civil law – a focus on France – the influential founder of the European Union and host country for the ECHR at Strasbourg • socialist law – a focus on China – the country with the highest economic growth and largest population • Islamic law – a focus on Saudi Arabia – one of the most influential sources of legal religiosity. Tim Crook analyses media law, as it exists, the ethical debates concerning what the law ought to be, and the historical development of legal and regulatory controls of communication. Underlying concepts discussed include the subject of media jurisprudence – the study of the philosophy of media law; media ethicology – the study of the knowledge of ethics/morality in media communication; and media ethicism – the belief systems in the political context that influence journal- istic conduct and content. Throughout, media law and regulation are evaluated in terms of their social and cultural context. The book has a companion website – www.ma-radio.gold.ac.uk/cmle – providing complementary resources and updated developments on the topics explored. If you need to compare different law and ethics systems, are studying interna- Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 tional journalism or want to understand the legalities of working in the media in different jurisdictions, then you should find this an important and useful guide. Tim Crook is Senior Lecturer in Media Law and Ethics and Head of Radio at Goldsmiths College, University of London, as well as being a Visiting Instructor on Media Law to the British Broadcasting Corporation. He has worked profes- sionally in radio, theatre, television and film as a journalist, producer, director and sound designer for more than 30 years and has won more than 60 awards for drama, journalism and production. His previous publications include Radio Drama (1999) and International Radio Journalism (1997). Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 COMPARATIVE MEDIA LAW AND ETHICS Tim Crook Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 First published 2010 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an Informa business This edition published in the Taylor & Francis e-Library, 2010. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. © 2010 Tim Crook All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Crook, Tim, 1959- Comparative media law and ethics/Tim Crook. p. cm. Includes bibliographical references and index. 1. Mass media–Law and legislation. I. Title. K4240.C76 2009 343.09’9–dc22 2009027136 ISBN 0-203-86596-0 Master e-book ISBN Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 ISBN 10: 0-415-55157-9 (hbk) ISBN 10: 0-415-55161-7 (pbk) ISBN 10: 0-203-86596-0 (ebk) ISBN 13: 978-0-415-55157-1 (hbk) ISBN 13: 978-0-415-55161-8 (pbk) ISBN 13: 978-0-203-86596-5 (ebk) CONTENTS List of illustrations vi Acknowledgements x List of abbreviations xi 1 Primary media law of the UK and USA 1 2 Media jurisprudence, media ethicology and media ethicism 155 3 Defamation law 234 4 Contempt/protecting fair trial law 262 5 Privacy law 274 6 Media regulation 295 7 State and national security law 316 8 Media law and ethics: four genres of jurisdiction 334 9 The legal problematizing of journalism 348 10 Human rights and international law for journalists 370 11 Racial and religious hatred 387 Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 12 Copyright and intellectual property law 400 13 Freedom of information legislation 412 Select glossary 431 Bibliography 451 Index 474 v IlluSTRATIONS Figure 1.1 Legal system of the state of Texas 65 Tables 1.1 The differences in defining UK and US freedom of expression 2 1.2 Expected learning outcomes from reading this book 13 1.3 Social, cultural and legal dynamics of free speech human communication 16 1.4 Metropolitan Police statement regarding complaints about misuse of MPs’ expenses 18 1.5 The distinction between primary and secondary media law 23 1.6 Comparison of the constitutional contexts of UK and US media law 24 1.7 The democratic index in media law and ethics 27 1.8 The Inter-American Convention on Human Rights, Article 13 36 1.9 Civil rights concepts in the US Constitution 37 1.10 European Convention for the Protection of Human Rights and Fundamental Freedoms 49 1.11 Legal system of England and Wales within the United Kingdom and Europe 62 Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 1.12 US federal legal system 66 1.13 Television and radio access to court proceedings 69 1.14 The Attorney General’s letter to the Times, September 2008 84 1.15 Comparison of UK and US media contempt law (protecting the fair trial) 87 1.16 Selective summary of additional UK court reporting laws 90 1.17 The essentials of English and Welsh defamation law 96 1.18 Media privacy law in the United Kingdom 110 vi IlluSTRATIONS 1.19 Privacy law in the USA 112 1.20 The Scottish legal system 136 1.21 Distinctive differences between Scottish law of defamation and that of England and Wales 141 1.22 Media reporting restrictions in the Scottish legal system 148 1.23 Sources of Scottish media law 154 2.1 The three traditions of media ethicological discourse 156 2.2 Immanuel Kant’s ethics (A) 181 2.3 Immanuel Kant’s ethics (B) 182 2.4 John Stuart Mill’s ethics 185 2.5 Pall Mall Gazette 6 July 1885 208 2.6 The Warren Commission on the killing of Lee Harvey Oswald 224 2.7 Resolution 1165 (1998) of the Council of Europe 230 3.1 Advantages of defamation law for US journalists 237 3.2 Advantages of defamation law for UK journalists 238 3.3 Disadvantages of defamation law for US journalists 239 3.4 Disadvantages of defamation law for UK journalists 241 3.5 Debating the justice and injustice of the libel system for claimants and defendants 242 5.1 Dame Butler-Sloss: reasons for lifetime anonymity injunction for child killer Mary Bell 286 5.2 Timeline of events in Maxine Carr case 288 6.1 Who’s to watch the watchdog? The story of The Connection and the Guardian 307 6.2 The Press Complaints Commission’s existing framework of restorative justice remedies in privacy 312 7.1 The case of Mordechai Vanunu: from the Israeli nuclear research centre to the Sunday Times (to jail in Israel) 318 7.2 The case of David Shayler: from MI5 to the Mail on Sunday (and then to jail) 325 9.1 Protection of journalists’ sources: UK and USA 359 10.1 Ethical approaches to peace journalism 371 10.2 Journalism/media and the Geneva Conventions 372 10.3 The International Criminal Court (ICC) 375 12.1 Common law copyright jurisdictions compared: the UK Downloaded by [Saudi Digital Library] at 06:59 13 November 2013 and USA 403 12.2 Intellectual property and copyright transnational agreements 405 12.3 Authors’ rights jurisdictions of France and Germany 405 13.1 Freedom of information legislation – unfolding internationally 413 13.2 Freedom of information: drawbacks for journalism 418 13.3 Comparison of UK and USA freedom of information operations and exemptions 420 vii IlluSTRATIONS 13.4 Guidance table on using the British Freedom of Information Act 2000 422 13.5 Guidance table on using US Freedom of Information Act 1966 and Electronic FOIA Amendments of 1996 424 Plates 1 The non-blindfolded ‘Lady of Justice’ atop the dome of the Central Criminal Court, London. (Copyright Tim Crook, 2007) 3 2 US Supreme Court building, Washington, DC, 1943. Farm Security Administration – Office of War Information Collection 12002-68 (DLC) 93845501. No known restrictions on publication. Library of Congress creative commons 3 3 First woman jury, Los Angeles, November 1911. George Grantham Bain Collection, Library of Congress creative commons. Prints and Photographs Division, Washington, DC, 20540 USA.
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