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Don’t fall foul of the cookie monster

Posted by Cleland Thom on 14 May 2012 at 07:51
Tags: B2B Magazines, Broadcast, Consumer Magazines, Customer publishing, Free Newspapers, Journalism Technology, Law, Magazines, Media Business, Media Metrics, Mobile, National Newspapers, New Media, Newspapers, Online, Radio

Time is running out for media webmasters to make sure their sites comply with EU cookie regulations that are being enforced from May 27.

The regulations mean that websites must get visitors’ consent for placing certain types of cookies in their browsers. (more…)

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Free comprehensive guide to election laws

Posted by Cleland Thom on 8 May 2012 at 08:36
Tags: Broadcast, Journalism, Law, Newspapers, Radio, Regional Newspapers, Television

I have produced a free eBook to help journalists and publishers through the election legal minefield.

It covers every law that could be a problem in local election coverage, including: (more…)

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Photographers harassed at stations while terrorists can work from home

Posted by Cleland Thom on 30 April 2012 at 08:10
Tags: Journalism, Law, Magazines, National Newspapers, Regional Newspapers, press freedom

British Transport police have reminded press photographers about restrictions on taking photos at railway stations.

The force has warned them they are not allowed to take photographs of security equipment like CCTV cameras or use flash photography on platforms. (more…)

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Police criticised for delay in quizzing ‘assault’ claim officer

Posted by Cleland Thom on 25 April 2012 at 07:47
Tags: Journalism, Newspapers, Photography

Greater Manchester Police have been criticised for taking three months to interview an officer accused of assaulting a press photographer.

GMP’s Professional Standards Branch finally interviewed the officer under caution last month.

But Stuart Littleford, editor of the Government and Public Sector Journal, first lodged the complaint back in November 2011. (more…)

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The question that no-one dares to answer

Posted by Cleland Thom on 25 April 2012 at 07:46
Tags: Journalism, Law, Magazines, National Newspapers, Newspapers, press freedom

New guidelines to prosecutors on whether to charge journalists with criminal offences committed in the course of their work raise a crucial question that just won’t go away.

That question - yet again - is: who, or what, is a journalist?

The guidelines were published by the director of public prosecutions Kier Starmer last week. (more…)

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Five ways for photographers to ensure they don’t breach privacy provisions of Editors’ Code

Posted by Cleland Thom on 11 April 2012 at 08:25
Tags: Journalism

The PCC dealt with a case last week that hinged on the ‘consent’ obtained by a photographer before taking someone’s photograph.

The judgement provides useful guidance for photographers:

  1. (more…)

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Security services to get power to see journalists’ emails and web browsing history

Posted by Cleland Thom on 19 March 2012 at 07:47
Tags: Journalism

Government plans to introduce wide-ranging powers to monitor people’s emails, web history, phone calls and text messages could pose a new threat to journalists.

The rules mean that the ‘who, when and where’ of every electronic message will be stored - including direct messages on Facebook and other social media sites including Twitter.

Journalists would not be exempt.

The plans, called the Communications Capabilities Development Programme, are part of the government’s Counter Terrorism Strategy. But they can be used for other purposes.

The are likely to be included in the Queen’s Speech in May and have been condemned by Society of Editors chief executive Bob Satchwell.

He said: “It’s ironic that at a time when the media is under fire for intruding into people’s privacy, there are a growing number of official organisations who do so routinely under the protection of the law.

“Normally journalists do not ask for any privileges above those that the ordinary citizen is entitled to. But this is an instance where there must be an exemption – safeguards must be put in. Sources could be compromised.”

The plans are similar to the  Intercept Modernisation Programme, which was ditched by the last Labour government in 2009.

They are back on the agenda, despite the Coalition Government promising in 2010: “We will end the storage of internet and email records without good reason.”

Labour’s original plan meant that all e-records would be kept on a central database.

The new proposals will require communications companies to keep the records instead. Security services would then be granted live access to phone and internet records of people under surveillance.

They would also be able to access databases held by Facebook, BT and mobile phone operators to run a ‘trace’on people.

The companies will not store the content of individual messages – just who sent them, where from and when. This will enable police and security services to track people’s geographical movements and who they were in touch with.

Satchwell added: “This Government and the forces of law and order are riding roughshod over the rights of the individual.

“Ironically, the ECHR was introduced after the last war to protect the citizen against state interference of this kind. Instead, it is being used by the state against the individual.”

Jim Killock, executive director of the Open Rights Group agreed. He said: “Labour’s online surveillance plans have hardly changed but have been rebranded. They are just as intrusive and offensive.

“The plans are a huge waste of time and money, as well as being a huge intrusion on our civil liberties.”

A Home Office spokesman said: “Being able to show that a mobile phone belonging to one individual was used to contact another suspect’s phone just before a murder or terrorist attack can be vital evidence.

“And not only is it used as evidence, but it can also provide vital intelligence in stopping a serious crime and saving lives.”

Cleland Thom is a trainer and consultant in media law


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Ruling appears to signal end to copyright on football fixture lists

Posted by Cleland Thom on 9 March 2012 at 09:46
Tags: Journalism, Law, Media Business, Mobile, New Media, Newspapers, Online, Regional Newspapers

The media is likely to be a big winner after a European Court ruling on the copyright of sports fixtures this week.

The court ruled last week that fixture lists are not covered by copyright law, as claimed by the organisation Football Dataco, who provide fixtures for the major football leagues in England and Scotland. (more…)

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Copyright issues are starting to attract Pinterest

Posted by Cleland Thom on 7 March 2012 at 10:02
Tags: B2B Magazines, Consumer Magazines, Customer publishing, Journalism, Journalism Technology, Law, Magazines, Mobile, National Newspapers, New Media, Newspapers, Online


The social networking site Pinterest is likely to have media lawyers watching closely for breaches of copyright.

The site is a “virtual pinboard” that allows users to post pictures and other content onto their personal pages and display them to other people.

Users post everything from their favourite recipes to photographs and just about anything else that has caught their interest.

(more…)

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Government backs away from including public interest defence in Defamation Bill

Posted by Cleland Thom on 2 March 2012 at 16:26
Tags: Journalism

The Government’s looks set to abandon plans for a new defence of qualified privilege for responsible reporting in the public interest in the final version of its Defamation Bill.

The defence - which would be a boon to journalists - was included in the draft Bill, first published last year and endorsed by a Joint Review Committee last October (more…)

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Journalists reminded of ACPO guidelines: ‘Police have no power to stop journalists taking pictures’

Posted by Cleland Thom on 2 March 2012 at 09:39
Tags: Journalism, Law, National Newspapers, Newspapers, Photography, Regional Newspapers, press freedom

Journalists and photographers across the UK are being given wallet-sized guides outlining their legal rights to take photographs in public places.

The Chartered Institute of Journalists is circulating the guidelines to all its members after photographer Stuart Littleford was obstructed by Greater Manchester Police offices three times in two months.

The guidelines were originally issued by the Association of Chief Police Officers in 2010. But the CIOJ believes it is time to re-distribute them.

General secretary Dominic Cooper said: “This is an essential and timely reminder of photographer’s rights.  Sadly, however, elements of the GMP do not seem to want to recognise the law in this regard.

“It is to be hoped that the GMP hierarchy can educate their officers on the street as to the correct procedure when dealing with journalists during the course of their duties.”

The guidelines, originally issued by Andy Trotter, chairman of ACPO’s media advisory group, state: “Members of the media have a duty to take photographs and film incidents and we have no legal power or moral responsibility to prevent or restrict what they record.

“It is a matter for their editors to control what is published or broadcast, not the police.

“Once images are recorded, we have no power to delete or confiscate them without a court order, even if we think they contain damaging or useful evidence.”

It also states: “Members of the media do not need a permit to photograph or film in public places.”

Stuart Littleford, who has three complaints being considered by GMP’s Professional Practices Board, has welcomed the CIOJ’s move. But he is not convinced the message will get through.

He said: “I hope it has the desired affect. I shall wait and see. But memos from the chief constable to his officers have not worked - there is obviously an issue getting the message to the bobbies on the street.”

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Will English court rule that Tweet was just not cricket?

Posted by Cleland Thom on 27 February 2012 at 14:20
Tags: Journalism, Law, Online

England’s first Twitter libel (or twibel, to the converted) trial starts in the next few weeks, and could be a key ruling for journalists.

The case will establish the extent of libel risk on Twitter.

It involves former New Zealand cricketer Chris Cairns, who is suing ex-Indian Premier League commissioner Lalit Modi for stating on his Twitter page that Cairns had a ‘past record in match fixing in the Indian Premier League.’ (more…)

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How to avoid catching a cold on medical complaint stories

Posted by Cleland Thom on 20 February 2012 at 15:20
Tags: Journalism

People with a complaint about their treatment by a doctor or a hospital usually approach the press for coverage that will help their claim - especially if they’re asking for compensation.

There are a number of legal issues with these stories: (more…)

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Some good news for journalists from the European Court of Human Rights

Posted by Cleland Thom on 13 February 2012 at 11:22
Tags: Journalism, Law, National Newspapers, Newspapers, People, Photography, press freedom

Legal experts are waiting to see what effect a privacy ruling in Germany last week has on English courts.

The ruling – the second in eight years involving Princess Caroline of Monaco – favoured the media, at a time when privacy law in the UK is under serious scrutiny at the Leveson inquiry.

The European Court of Human Rights dismissed the Princess’ claim that publication of a photo of her and her husband on holiday in Switzerland in 2002 breached their rights to privacy under the ECHR.

(more…)

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Dale Farm disclosure ruling puts photographers in the firing line again

Posted by Cleland Thom on 9 February 2012 at 10:15
Tags: Journalism

A decision by magistrates earlier this week to order three broadcasters to hand films of the Dale Farm evictions over to police yet again puts photographers in the firing line.

Essex police asked Chelmsford magistrates to issue a court order on Sky News, ITN and the BBC after all three refused to voluntarily give their footage to Essex Police. (more…)

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New guidelines for officials provide handbook for journalists on how to get around FoI delays

Posted by Cleland Thom on 8 February 2012 at 12:26
Tags: Freedom of Information, Journalism, Journalism education, Law

Journalists who get frustrated by delays and obstructions when they use the Freedom of Information Act have a valuable new tool.

Ironically, it’s been issued to public authorities by the Information Commission.

They have produced a new ‘plain English’ guide for public authorities. It sets out their obligations and gives practical advice on dealing with problems.

(more…)

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How Twitter’s new ‘censorship’ policy could be a journalists’ goldmine

Posted by Cleland Thom on 1 February 2012 at 09:10
Tags: Consumer Magazines, Journalism, Journalism Technology, National Newspapers, New Media, Newspapers

Twitter’s decision  to introduce a new “censorship policy” could prove to be a blessing in disguise to enterprising journalists.

The US-based social network has decided “to reactively withhold” content from users on a country-by-country basis.

It says the change will enable it to “enter countries that have different ideas about the contours of freedom of expression”.

(more…)

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Is it time to end the online comments free-for-all on news websites?

Posted by Cleland Thom on 30 January 2012 at 08:50
Tags: Journalism, Journalism Technology, Law, National Newspapers, New Media, Newspapers, Online, Regional Newspapers

A relaxation in the rules on handling user-generated content on media websites is proving to be a mixed blessing.

It is just over two years since the High Court ruled that newspaper and magazine websites qualified as internet service providers (ISPs) and were NOT responsible for readers’ posts on talk boards. (more…)

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Does Egypt want a free press like ours?

Posted by Cleland Thom on 26 January 2012 at 09:34
Tags: International, Journalism, Newspapers, People, Photography, press freedom


I was chatting to an Egyptian journalist, George al Masry, recently. He works for Al gomhuria, the state-owned Egyptian daily newspaper and has been active in the Tahrir Square revolution.

He is now helping to establish a free press in a country where the media has been heavily controlled.

He had just read one of my law updates, where I mentioned that a new European Union directive on data retention enabled 795 public bodies to request journalists’ phone records going back a year.

(more…)

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Ten ways for journalists to protect themselves and their contacts online

Posted by Cleland Thom on 24 January 2012 at 11:15
Tags: Journalism, Law

Protecting a source used to be easy. You just kept your mouth shut – even if it meant being fined or being threatened with prison.

The internet has made it harder. It’s easy to disclose a source without even realising it. And that could have serious consequences for someone who had leaked you some information in confidence.

This checklist will help to keep you out of trouble: (more…)

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