Current issues

Reporting Family Proceedings

There has been immense controversy in recent times over the question of access to and reporting of family proceedings, especially those involving children. This has been highlighted by pressure groups such as 'Fathers for Justice' and others. In the light of these concerns the Department of Constitutional Affairs has published a Consultation Paper -Improving Transparency and Privacy in Family Courts [CP 11/06 - the consultation period closes on 30 October 2006] - the paper can be downloaded by going to:
www.dca.gov.uk/consult/courttransparency1106/cp1106.htm

Information Tribunal

Appeals from the Information Commissioner in relation to decisions under the Data Protection Act 1998 & Freedom of Information Act 2000 can be found at:
www.informationtribunal.gov.uk/

Defamation – Cost Control

Somewhat ironically, given that the tort action for defamation was considered only something for the rich given the large costs involved, the media are now complaining that the costs are too oppressive; particularly given that the Conditional Fee Agreements (popularly but misleadingly referred to as ‘no-win, no-fee’ agreements) can be used by both rich and poor alike - and that the effect is that the risk of these costs is having a chilling effect on them – those acting for claimants argue that what they are really irritated about is the ‘equality of arms’ it gives claimants of more moderate means. Various solutions are being propounded including tighter controls on the so-called ‘success fee’ or ‘uplift fee’ that can be charged by the solicitors acting for the claimant and more extensive use of cost-capping orders.
The Ministry of Justice issued a consultation document on the issue and is now considering its response.

‘Controlling costs in defamation proceedings’ –
www.justice.gov.uk/consultations/controlling-costs-in-defamation-proceedings.htm

Broadcasting – Public Sector Broadcasting Requirements

The main terrestrial channels (BBC, ITV, Channel 4, & Channel 5) have certain public sector broadcasting requirements imposed on them – with the BBC having the most obligations and Channel 5 the least. With increasing competition from digital non PSBR channels and the effects of economic recession increasing demands are being made either to limit or remove PSBR requirements or allocate some of the licence fee currently being paid exclusively to the BBC to other channels, e.g Channel 4, and to support the loss-making ITV regional news operation. Under s264 CA 2003 the OFT publishes regular assessments of how the PSBR requirements are being met – see Third Report:
www.ofcom.org.uk/consumer/2009/07/psb-report/

The Department of Culture Media & Sport have also published a consultation on the launching and funding of independent local news consortia – see ‘Sustainable independent & impartial news; in the Nations, locally and in the regions’ (June 2009)
www.culture.gov.uk/images/consultations/cons_sustainableindependentnews.pdf

Broadcasting – Free-To-Air Events Review

One of the most controversial issues in broadcasting over recent decades has been the fact that more and more live sporting events are only available on a pay-per-view or subscription channel basis. Ss97-104 Broadcasting Act 1996 and Article 3j Audiovisual Media Services Directive require or at least permit free to air broadcasting of certain major national or international events such as the Olympics or FIFA Soccer World Cup. The Government periodically reviews the list but this time is carrying out a major consultation on whether the list system which exists in the UK should continue, be amended, or abolished. See ‘Free-to-air Events Review (April 2009):
www.culture.gov.uk/freetoair/Consultation/introduction.html

Broadcasting – Implementation Of Audiovisual Media Services Directive

The UK Government needs to implement the new AVMDS Directive by December 9th 2009 – the Government has issued a statement about how they intend to proceed
www.culture.gov.uk/reference_library/minister_speeches/5932.aspx

OFCOM will be responsible for regulating the newly regulated video-on-demand services but it is expected they will do this in a co-regulatory process, with bodies such as the Advertising Standards Authority being the primary body of complaint with OFCOM having back-stop powers if self-regulation fails. In a disappointment to the television industry the Government has decided to exercise the option for Member States not to permit the use of product-placement in such things as television drama.

Reporting Family Proceedings – Access to the Media

The controversial question of permitting more openness in the reporting of family proceedings – particularly those involving children – is being done in a gradualist manner. In April 2009 rules were made to permit accredited press representatives to attend hearings at all levels. See Family Proceedings (Amendment) (No 2) Rules 2009 & The Family Proceedings Courts (Miscellaneous Amendment) Rules 2009.
www.justice.gov.uk/consultations/controlling-costs-in-defamation-proceedings.htm

However reports have been received of patchy enforcement – ushers refusing reporters admission etc.
See ‘Media rules cause chaos in family courts’ Afu Hirsch, The Guardian 26 July 2009 –
www.guardian.co.uk/uk/2009/jul/26/media-rules-chaos-family-courts

More proposals are expected in autumn 2009 to generally overhaul the patchwork quilt of separate proceedings and provide a more coherent and open framework while protecting the interests of the parties.

See Government’s general approach in ‘Family Justice in View’ (Dec 2008) CP(R) 10/07, Cm 7502.
www.justice.gov.uk/consultations/docs/family-justice-in-view.pdf

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