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Court Ruling “Goes Against Spirit of Justice”, Says Cioj

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Court Ruling “Goes Against Spirit of Justice”, Says Cioj Magazine of the Chartered Institute of Journalists Autumn 2014 TheJServingournal professional journalism since 1912 Court ruling “goes against spirit of justice”, says CIoJ he Chartered Institute of Journalists will normally release information to the “It is up to editors to decide which pre- (CIoJ) has criticised a decision by media if it’s been given in open court, trial details to publish, and accept the Tcourts in Scotland to withhold unless there are any unfair implications consequences if they get it wrong. It is details from journalists before cases start. for an individual. wrong of Lord Gill to introduce the hint of The Institute claims the ruling goes “Up to now, the unfairness test has only prior restraint. against long-standing principles of open been used when deciding whether to “The decision sets a dangerous precedent justice. release information on cases after they had in a democratic society.” The Scottish Lord Justice General, Brian finished some time ago.” The CIoJ also believes that the decision Gill, announced the decision in a circular Thomas added: “Lord Gill’s ruling goes goes against the spirit of transparency and to journalists last month. against the century-old common law rule accessibility for reporting set out in the In the past, journalists in Scotland of open justice, where justice must be 2012 Court of Appeal ruling involving the have been able to see complaints and seen to be done. It will hinder journalists’ Guardian and Westminster Magistrates Continued on page 3 indictments for note-taking purposes ability to cover court cases thoroughly and Court. before cases begin in court. accurately on behalf of the public. The court decided that journalists But Lord Gill reviewed the arrangements “We also do not believe it is acceptable covering court hearings should be able because of “significant concerns” about for Lord Gill to mention the risks of the to see case material to aid that coverage. revealing sensitive and personal data media breaching the Contempt of Court The ruling, however, does not apply to under the Data Protection Act (DPA) 1998. Act. This will create a chilling effect. Scotland. He said: “The current practice gives journalists an opportunity to attend and report on noteworthy cases. But it is now clear that the information being disclosed Institute sides with newspapers is excessive for this purpose.” The decision means journalists will be unable to report the charges faced by an over “post-Leveson paranoia” accused person, often at indictment level, ewspapers were right to blame post- occasion they largely achieved it courtesy before they reach court. Cases may be NLeveson paranoia for the initial of the police. missed entirely if they call in court with no refusal of the police to confirm that they “Is this really what the public want prior notice. were investigating Rolf Harris. or deserve? Do they want journalists CIoJ General Secretary, Dominic Cooper, fearful of putting allegations in the public Absurd said: “These actions are exactly what domain? Are they now happy that during CIoJ Scottish representative, Campbell we warned and feared would transpire this trial a further 12 alleged victims came Thomas, said: “It’s absurd that journalists in the wake of the Leveson Inquiry. The forward which means more cost to the are being prevented from seeing biggest losers in this instance could be the public purse.” information that is going to be made freely additional victims of a sexual predator. Harris was placed on police bail in available in court anyway. “Hacked Off and their acolytes have November 2012 after being interviewed “It has already been established under championed celebrity protection from the the DPA that in current cases, the clerk media and it would appear that on this Continued on page 3 - Have your say: - Save our Sources: - PPB elections: CIoJ AGM - Institute backs Help run the October 25. See the Press Gazette Institute’s back page for details campaign to protect Professional and emergency journalists sources. Practices Board. See resolution. See page 7. page 16 for details. Andy Smith Editor’s Comment Editor wo things are essential at the through the parish or town clerk. This has grass-roots level if we are to have a prompted the editor of the Northern Echo, Tfully-functioning democracy. One Peter Barron, to tell the website Hold the – which we in the Chartered Institute Front Page: “It is completely outrageous of Journalists know only too well – is a to suggest that people who are elected to strong, independent local press. The other represent local communities cannot speak is strong, independent local government. to a journalist – not even their local paper – Anyone who has gone through traditional without being stifled by red tape. Imagine journalism training will know the trying to get a comment on a local issue importance of these two institutions and and having to wait for a council meeting to equally will know that it is vital to have a approve permission for the relevant people Assistant Editor: Stuart Millson healthy interaction between them, based to say something on behalf of those who on openness and mutual respect and elected them.” Production Editor: Dominic Cooper understanding. He added: “The worry is that I’ve already For some time now there has been a come across councils here in the North-East steady erosion of the independence of which don’t like us talking to councillors local government in the UK, especially and say we should direct our questions In this issue: in England. The strings are increasingly to paid officers. We’ve politely told them pulled by central government – to the to get stuffed. Councils and governments Student Video Competition winners p.3 extent that local councils find themselves want to control the media and write their New film school to open p.4 unable to meet local needs unless they first own headlines. We must never let that comply with national diktats, even if this happen.” EU Snooper’s Charter p.5 means that the needs of local communities He is absolutely right, as my CIoJ Media regulation Finnish-style p.6 are disregarded entirely in what is colleague Amanda Brodie, chairman of our supposedly “the national interest”. At the Professional Practices Board, has pointed Save Our Sources p.7 same time there has been a failure of local out. Amanda called the NALC effort to government itself to assert its independence gag councillors “an outrageous attack on Award for freelance p.8 and to stand up for the rights and interests democracy” and said that the requirement Al Jazeera convictions p.9 of local communities. Councillors and to get written consent from the entire council officials at all levels – counties, council before even giving a simple quote Interview with Lord Inglewood p.10 cities, boroughs and districts, towns and to a reporter will make it impossible for parishes – are subject to growing criticism journalists to do their jobs properly. Any Regulatory body launched p.11 for failing to do their duty by the people organisation which spends public money Book Reviews pp.12-14 they supposedly represent. must be transparent in its dealings, and co- It falls, therefore, to the local press to operation with the press is a vital part of Obituaries pp.14-15 highlight the weaknesses of the present that process. These guidelines amount to a situation in local government. This task gagging order on councillors.” CIoJ AGM 2014 p.16 is not helped by the growing number of Parish and town councils are the bedrock council meetings held “in camera” and of local reporting, and councillors must be The views contained in The Journal are those of the decisions taken by local authority free to approach journalists with concerns the Editor and contributors and do not necessarily chief executives behind closed doors, they may have, without fear of being reflect the views or policy of the Chartered Institute citing “commercial confidentiality” or disciplined for doing so. I would urge of Journalists. All rights reserved. © CIoJ 2014 “political sensitivity”. Now we hear that members of the CIoJ who live in areas the National Association of Local Councils with parish or town councils to write to – which represents the lowest tier of local their local council clerk and ask for an government, the town and parish councils assurance that the council will not be – has issued “guidance” to its 8,500 member following the NALC’s “guidance” on press councils across the country to adopt a new relations, and that, on the contrary, they TheJournal “media policy” which effectively bars will be encouraging a healthy, open and ISSN 1361-7656 councillors from speaking to journalists honest relationship between councillors News or views intended for publication without written consent. and journalists. Local government and should be sent to: The NALC also urges councils to adopt local press need one another. And local rules banning journalists from contacting communities need both! The Chartered Institute of Journalists councillors directly, with all contact made Andy Smith 2 Dock Offices, Surrey Quays Road, London SE16 2XU E-mail: [email protected] Tel: +44 (0)20 7252 1187 Fax: +44 (0)20 7232 2302 CIoJ Council Web: www.cioj.co.uk Twitter: @CIoJournalist Your Council members for 2013-15 are: Facebook: https://www.facebook.com/ pages/Chartered-Institute-of- Andy Smith Journalists/108017897514 The Ex Officio members of Council for Mark Croucher LinkedIn: http://www.linkedin.com/ 2013-15 are: Janice Shillum Bhend groups/Chartered-Institute- Paul Leighton, President Journalists-63500 Keith Lockwood Norman Bartlett, Immediate Past President Karen Birch Amanda Brodie, Chairman, Professional Printed by Cool grey display & print Ltd Tel: +44 (0) 1444 474646 Ken Brookes Practices Board The Journal - Autumn 2014 edition Student Video Competition Phone hacking: Six more – Winners announced journalists cleared ix more journalists have been Scleared in the ongoing investigation Competition into phone hacking at the News of finalists from the World.
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