MINISTRY OF JUSTICE

Study of media attendance rule changes in family proceedings
Date: 21 January 2010

An evaluation of the impact of changes to rules on media attendance in family courts

New court rules were implemented in April 2009 to provide for media attendance at most family proceedings at all tiers of court except, for the time being, placement and adoption proceedings. Six months on, we conducted the study to assess the impact of the new rules.
The change to the rules is just one of a number of new measures that aim to build a transparent, accountable family justice system which inspires the confidence of those it serves, while protecting the privacy of the children and families involved.
http://webarchive.nationalarchives.gov.uk/20110201125714/http://www.justice.gov.uk/publications/docs/media-family-proceedings.pdf

Family courts openness

We [the Ministry of Justice] are committed to making procedures and the principles behind decisions in the family justice system more open and clear to users, and more open to scrutiny from the wider public.

We [the Ministry of Justice] have consulted twice in recent years on improving the openness of family courts. The government's response paper 'Family Justice in View' outlines the way forward in this very sensitive and important area of policy.
http://webarchive.nationalarchives.gov.uk/20110201125714/http://www.justice.gov.uk/about/family-courts-openness.htm

A report by the Libel Working Group looking at reforms of the law on libel. (2010)

The Libel Working Group was set up by the Justice Secretary in response to concerns about the possible effect of our libel laws on freedom of expression.
The report analyses a number of key areas, in particular:

1. - libel tourism
2. - the role of public interest considerations in establishing a defence to a libel action
3. - the rule about multiple publication with particular reference to the internet
4. - procedural and case management issues relating to the conduct of libel litigation.

The report gives an indication of the range of views that exist on these and identifies options for action.
http://webarchive.nationalarchives.gov.uk/20110201125714/http://www.justice.gov.uk/publications/docs/libel-working-group-report.pdf

Freedom of Information Executive Override Policy – Guidelines Issued by Ministry of Justice as to when a Minister will use veto power under s53 FOIA to override a decision of the Information Tribunal or Information Commissioner ordering disclosure of a document under s35 FOIA 2000 (disclosure of ministerial communications) – the policy indicates such a veto should only be used in ‘exceptional circumstances’ and after a collective decision of the Cabinet.

http://www.justice.gov.uk/downloads/publications/policy/moj/foi-veto-policy.pdf

HOUSE OF LORDS SELECT COMMITTEE ON COMMUNICATIONS

STRICTLY FAIR PLAY (2011) an examination of complaints system operated by BBC

The convoluted and overly complicated complaints process at the BBC must be improved, say the Lords Communications Committee in a report published on Wednesday 29 June 2011. The Committee has conducted an inquiry into the governance and regulation of the BBC, and have identified a number of areas of governance that the BBC needs to upgrade.
http://www.parliament.uk/business/committees/committees-a-z/lords-select/communications-committee/news/strictly-fair-play-bbc-lords-report/

HOUSE OF LORDS SELECT COMMITTEE ON FUTURE OF INVESTIGATIVE JOURNALISM (JULY 2011)

What does the future of investigative journalism look like?

The House of Lords Communications Committee has launched its new inquiry into the future of investigative journalism this week. Economic and technological changes in the media sector in recent years, and the extent to which investigative journalism has been thrown into the spotlight recently, mean that now is an appropriate time to consider the future of journalism in a difficult media environment.

Investigative journalism is vital for a healthy democracy. However, traditional business models for delivering this content are under threat from declining newspaper readership, migration of print advertising to online and fragmenting TV audiences. These trends – coupled with the events of the last few weeks - raise urgent questions about the potential to harness the power of new technologies to complement traditional media in ensuring the continuation of a strong journalistic culture.

The Committee will consider “citizen journalism” and participatory journalism, which have emerged with the rise of social media, and will look at what role these elements might play in the future of investigative journalism.
http://www.parliament.uk/business/committees/committees-a-z/lords-select/communications-committee/news/investigative-journalism-inquiry-launch/

Regulation of Video On Demand Services Under Communications Act 2003 (as amended)
Co-regulatory system OFCOM designates Advertising Standards Authority and Association for Television-On-Demand Services (now known as The Authority for Television and Video On Demand ‘ATVOD’) as first tier regulators subject to overriding statutory jurisdiction of OCCOM.

Designation of  ASA under s368B Communications Act 2003
http://stakeholders.ofcom.org.uk/binaries/broadcast/tv-ops/asa.pdf

Designation of Association for Television-On-Demand (ATVOD) under s368B Communications Act 2003
http://stakeholders.ofcom.org.uk/binaries/broadcast/tv-ops/designation180310.pdf

The Family Courts: Media Access and Reporting by Wolanksi and Wilson (July 2011)

There is no more difficult issue in family justice than the reporting of cases. There is a tension between concerns about ‘secret justice’ and legitimate expectations of privacy and confidentiality for the family. Both standpoints are valid, and the question is whether they are irreconcilable. This report seeks to state the current position and is being used as part of discussions about further reforms that may be necessary. It is published under the auspices of the Judiciary of England and Wales:
http://www.judiciary.gov.uk/publications-and-reports/guidance/family-courts-media-access-reporting

Text of report itself:
http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/family-courts-media-july2011.pdf

Advertising Standards Authority Codes (www.asa.org.uk/asa/codes/) on Broadcast and non-Broadcast Advertising. They are available to read online or to download in PDF format.

Radio Advertising Standard Code
Online version: www.asa.org.uk/asa/codes/radio_code/
PDF version: www.asa.org.uk/NR/rdonlyres/41D3786B-1B9A-4C6A-B2E9-09C6C5EB928C/0/BCAP_Radio_Advertising_Standards_Code_20060703.pdf

Non-broadcast Advertising Codes
Online version: www.asa.org.uk/asa/codes/cap_code/
PDF version: www.asa.org.uk/NR/rdonlyres/A44808F1-1573-482A-A0E5-D8045943DA57/0/The_CAP_Code_Ed11_20060703.pdf

Sensitive Reporting in Coroners Courts, Discussion Paper, Ministry of Justice, 2008

In 2007 the Government dropped what was then cl.30 of the Draft Coroners Bill which entitled coroners to impose reporting restrictions where there was no public interest in reporting events which might cause great distress to relatives, particularly where children were involved.  The dropping followed intense media pressure – the Discussion Paper proposes changes to the Industry self-regulatory Press Complaints Commission Code: in effect requesting the media to act in a more restrained and sensitive manner in their reporting.

www.justice.gov.uk/docs/sensitive-reporting-coroners.pdf

Video Games Classification: a consultation, Department of  Media Culture & Sport, 31 July 2008

The DCMS has published proposals in relation to the classification of video games and examines the current mixture of statutory and self-regulation systems both in the UK and the EU – the statutory system under the Video Recordings Act 1984 is operated by the British Board of Film Classification.  The document proposes four options for possible adoption.

www.culture.gov.uk/reference_library/consultations/5345.aspx

Public Consultation on Implementing the EU Audiovisual Media Services Directive, Department of Media Culture and Sport, 25 July 2008

The Department of Culture, Media and Sport has published the first consultation document of the revisions to the Broadcasting Directives 1989 & 1997 by the EU Audiovisual Media Services Directive (a consolidated version of all three directives is in the 2nd edition of the statute book).  The Consultation Document focuses on three areas of implementation: firstly the concept of co-regulating video-on-demand services (so-called non-linear services which are brought within the scope of EU broadcasting regulation for the first time) - co-regulation is basically first tier industry self-regulation overseen with backstop powers by a statutory body (a UK example is the co-regulation of television and radio advertising by the self-regulatory Advertising Standards Authority and the OFCOM); secondly whether the UK should take up the option of allowing greater use of product placement (UK Government initially hostile to the notion); and thirdly the regulation of channels from outside the UK which uplink from the UK.

www.culture.gov.uk/reference_library/consultations/5309.aspx

Implementation of the Audiovisual Media Services Directive:

The Department of Culture, Media and Sport has issued a number of consultation documents on how the UK will implement the new Directive which will amend the Broadcasting Directives 1989 & 1997 (‘Television Without Frontiers’ Directives) and which the UK has to implement by 19 December 2009 – the consolidated Directives aim to create an internal single market in television and internet broadcasting in the European Union – the various consultation papers can be accessed on the DCMS website:
www.culture.gov.uk/reference_library/consultations/5309.aspx

Reform of Television Advertising and Introduction of Product Placement in UK
The new AVMSD provides for liberalization of the rules on advertising and their extension to internet broadcasting services and also the optional possibility of permitting product placement in certain categories of programmes, which is currently prohibited under UK broadcasting – OFCOM have published two consultation documents on the topic:
www.ofcom.org.uk/consult/condocs/rada/  &
www.ofcom.org.uk/consult/condocs/rada08/

Council of Europe Transfrontier Television Convention (TTF)
The Council of Europe has published a Preliminary Consultation Document which seeks to align the current version of the TTV with the European Union’s Audiovisual Services Media Directive – the document can be accessed on the DCMS website:
www.culture.gov.uk/reference_library/consultations/5489.aspx

This will have important implications for those countries in the Council of Europe but not in EU such as Ukraine, Russia, and Serbia etc.

Open Justice in the Family Courts
The Ministry of Justice has published a second consultation paper – ‘Family Justice in View’ which considers responses to the first paper on the topic and how to carry forward ideas to open up the family courts to greater public scrutiny but also, particularly in the case of children, to ensure suitable protection for the privacy of often vulnerable parties – the consultation document and responses from interested parties can be accessed on
www.justice.gov.uk/publications/cp1007.htm

Data Protection
Following several highly publicized scandals by public authorities such as the Inland Revenue in losing subject data information a variety of proposals have been to strengthen the powers of the Information Commissioner who is also the Data Protection Commissioner and oversees the operation of the Data Protection Act 1998. The Ministry of Justice has published a Consultation Document and the Responses to it in relation to the ‘Inspection Powers and Funding Arrangements for the Information Commissioner’ which can be accessed on:
www.justice.gov.uk/publications/cp1508.htm

Section 368B Communications Act 2003
Regulation of Television on Demand
OFCOM adopts co-regulation of on-demand television under new Audiovisual Media Services Directive powers.

OFCOM, adopting a similar co-regulatory model to that used with the Advertising Standards Authority in relation to broadcast advertising, has designated the Association for Television On-Demand to carry out some of the supervisory functions in regulating web-based television services which as non-linear services are now within the scope of the ‘Television Without Frontiers’ EU regime. The delegated function are set out in paragraph 5 of the designation and as with broadcast advertising regulation OFCOM can use back-up statutory enforcement powers if providers do not comply with decisions and directions issues by ATVOD.

www.ofcom.org.uk/tv/ifi/vod/designation180310.pdf

Section 264 Communications Act 2003
Public Sector Broadcast Requirements varied for Channel 4

OFCOM has the power under s264 Communications Act 2003 to vary the public service broadcasting obligations of PSBR channels such as Channel 4. In this case variations have been made in relation to the Channel’s quota of time allocated to schools programmes. This has been reduced reflecting that an amount of material has been placed on-line by the Channel so there is less need for broadcast programmes for schools

www.ofcom.org.uk/tv/ifi/tvlicensing/c4/Variation_13.pdf