Comply with UK legal and regulatory requirements when working in journalism
URN: SKSJ3
Business Sectors (Suites): Journalism
Developed by: ScreenSkills
Approved on:
31 Mar 2019
Overview
This Standard is about complying with the aspects of UK legal requirements which apply to journalists and content creation – and how they affect what can and cannot be done as part of that process.
It is about the relevant legal restrictions relating to securing and disseminating information about crime, the police and court cases as well as the law protecting national security, public order, intellectual property rights, the rights of commercial enterprises, the rights of individuals, and the rights of minorities and vulnerable people such as children.
This Standard applies to all those working in journalism.
Performance criteria
You must be able to:
1. use accurate information to assess the legality of your activities and outputs
2. seek advice from qualified people when you are uncertain of the legality of your activities
3. use appropriate channels to secure basic details from court officials and court documents when attending court cases
4. comply with the legal restrictions attached to each case or story when court reporting
5. ensure your sources and source information are relevant and reliable at all times
6. ensure that your reporting does not affect any ongoing investigations or active criminal cases
7. use appropriate channels to make legal challenges when efforts are made to limit your access
8. seek advice from appropriate people before embarking on internet research which could put you in breach of legislation
9. check you have the necessary licenses or permissions to use copyright material to create content
10. comply with relevant regulatory requirements and industry codes of conduct at all times
Knowledge and Understanding
You need to know and understand:
1. current legislation relevant to journalists including those relating to defamation, contempt, copyright, intellectual property, privacy, freedom of expression, data protection, equality, discrimination, obscenity, official secrets act, trespass, photography of children, property release, rights and permissions, contracts, public liability, sexual offences.
2. the principles of the Rule of Law in the UK
3. the broad structure of the legal system in the UK and specific legal requirements, legal roles and terminology for the nation in which you are working
4. the concept of open justice and the rights, responsibilities and restrictions involved in court reporting, publication, access to information and freedom of expression
5. your legal rights to attend court cases, and to secure basic details and other information from court officials and court documents
6. the reporting restrictions to protect the legal process when reporting active criminal cases
7. the reporting restrictions to protect the identity of juveniles and victims of crime
8. the general principles of defamation
9. when your sources and notes may become subject to legal or police scrutiny for criminal investigations
10. the scope and
requirements of the defences which can be used in defamation cases, including
justification, honest comment, absolute and qualified privilege, the mitigating
actions available to broadcasters
11. dangers of
libel in editorial content, archive or online material
12. the use of court injunctions to constrain journalists unless a public interest argument can be won
13. the role of
regulators and their codes of practice including Ofcom
14. rights of
access to information under freedom of information legislation and the legal
limitations on such access
15. the scope of
intellectual property rights and what is protected by copyright, including
social media and user generated content
16. the relevant remedies
for, and defences relevant to, breaches of confidentiality
17. how relevant
legislation differs in other countries and territories in which you are working
or operating
18. how to refer
issues for expert advice within your organisation - or how to access such
advice independently
Scope/range
Scope Performance
Scope Knowledge
Values
Behaviours
Skills
Glossary
Links To Other NOS
External Links
Version Number
2
Indicative Review Date
30 Mar 2022
Validity
Current
Status
Original
Originating Organisation
Screen Skills (formerly Creative Skillset)
Original URN
SKSJ1
Relevant Occupations
Media and Communication, Media Associate Professionals
SOC Code
2492
Keywords
Law, Regulation, Journalism, Legal, Court