Hull Daily Mail Wins Fight to Name 15-Year-Old Tombstoning Thug
A 15-year-old who pushed another youngster off a 20ft high sea wall leaving him with life-threatening injuries would have remained anonymous if the Hull Daily Mail hadn’t argued for a Section 39 order to be lifted.
Reporter Claudia Tanner handed a note to the legal clerk at Bridlington Magistrates Court after Kyle Farrell was convicted of causing grievous bodily harm to a 14-year-old boy by pushing him off the sea wall in Bridlington.
At the time of the incident, the teenagers were with a group of around 20 youngsters who were tombstoning – a controversial pastime which involves jumping from large heights into the sea .
Claudia’s note highlighted the fact that the victim, who landed on concrete steps after being pushed, could have died from his injuries which included a broken neck, fractured skull, a bleed on the brain and a punctured lung,
Claudia argued that the Section 39 banning Farrell from being identified should be lifted as the case was a matter of public interest. She also cited the general principle of open justice with appropriate case law to back it up.
Claudia said: “I was ready to argue that Farrell had committed a serious offence and I had also been told by the detective in charge of the case that the boy’s mother was very upset and wanted justice to be done, which could be argued involves naming and shaming the offender.
“But the judge asked no further questions and quite quickly decided that it was a serious enough case to warrant the naming of Farrell.”
For more information please contact Paul Sinker on 020 7632 7424 or e-mail sinkerp@newspapersoc.org.uk.
Reading Post Wins Landmark Copyright Battle
The Reading Post has won a landmark copyright battle after publishing pictures taken by “urban explorers” as part of a police appeal.
During one of the Post’s regular briefing sessions with Reading Police, the S&B Media title was directed to a website where pictures of people inside abandoned buildings, sometimes known as “urban explorers”, are posted.
Officers were keen to trace the Reading trespassers as they believed they may have committed criminal damage to get into the secure buildings and could be linked to a spate of graffiti.
The Post took some of the pictures from the website and published them with a story recounting the apparent exploits of the “urban explorers” in August.
But one of the photographers took the Post to the small claims court claiming his copyright had been breached and he should be paid £495 for the seven pictures.
The Post’s defence, aided by the NS Political, Editorial and Regulatory Affairs (PERA) department, was that there was a public interest in identifying individuals whom the police wished to question.
Using a 2001 case law where the judgement said that a court would be entitled to refuse to enforce copyright of work if the work is
- immoral, scandalous or contrary to family life
- injurious to public life, public health and safety and administration of justice or
- incites or encourages others to act in a way referred to in the first point.
Reading Police backed the paper by issuing a statement to the court explaining why they wished to talk to the “explorers”.
Editor Andy Murrill also explained to District Judge Byron Carron, sitting at Swindon County Court, about the campaign in Reading to clamp down on anti-social behaviour and the blight on people in the community’s lives caused by dilapidated buildings and graffiti.
Deputy Judge Kirconel dismissed the claim and said in his judgement: “Whatever view may be taken by individuals on the rules which govern our society … you can’t flaunt them. The civil and criminal law exists to correct that.
“It does seem to me that by posting these pictures on a website the copyright owner is promoting and encouraging his activity. These pictures seem to be worn as a badge of pride.
“And clearly the pictures themselves could make others think it was a jolly good idea to enter abandoned buildings… There also could well be an accident and the public may suffer.
“It’s a serious social problem.”
After the hearing, Post deputy editor Hilary Scott said: “We’re grateful that Judge Carron took the stance he did – it’s essential that newspapers are not hindered in helping the police and protecting the communities we serve.”
For more information please contact Paul Sinker on 020 7632 7424 or e-mail sinkerp@newspapersoc.org.uk.
Central Government Must Take Action on Council Newspapers
The NS has called for an urgent meeting with the Government to ensure appropriate curbs are placed on council publications which take private sector advertising in direct competition with independent regional and local newspapers.
“Central government must not turn a blind eye to this practice any longer,” said NS director David Newell.“It undermines local democracy and must be stopped.”
This week, publishers and politicians publicly condemned council newspapers after the Audit Commission published its research on the issue which, as anticipated, did not address the key issue of the publications’ impact on independent local media.
Although the Commission admitted there were limits to what was included in the councils’ published financial information, recording was not consistent between councils and that “financial information on council periodicals is particularly limited,” it nonetheless concluded that the money being spent by councils in this area was not unreasonable.
The research prompted senior members of the Conservative Party to launch scathing attacks on competing council newspapers with local government minister Bob Neill and mayor of London Boris Johnson branding them a “waste of money”.
The Audit Commission found that only 12 per cent of council newspapers are published once or twice a year – the ideal ‘value for money’ level as specified by LGCommunications’ The Impact of Council Publication research (May 2009).
The Audit Commission’s research found that 90 per cent of councils publish a periodical and that 47 per cent of council periodicals contain private sector advertising. That equates to 150 publications in England alone which compete directly with local papers for advertising revenue. Despite this, the Commission concluded that few council publications were published sufficiently frequently to be viable media for most local advertising.
Trinity Mirror chief executive Sly Bailey branded the research a“complete waste of time” as it did not look at the impact of council newspapers on independent local media.
She added: “The government should stop trying to pass the buck to bodies that cannot tackle the core issues and must take direct action and intervene immediately before it is too late for some local newspapers.”
David Newell said: “In light of the urgency of the problem, widely acknowledged by senior ministers when the Digital Britain report was published last June, and the subsequent catalogue of quango delays and buck-passing, it is vital that the Government intervenes immediately to prohibit local authorities from setting themselves as newspaper publishers and competing with local newspapers for advertising revenues.”
For more information please contact Lynne Anderson on 020 7632 7421 or email lynne_anderson@newspapersoc.org.uk.
Family Courts Bill Won’t Deliver Open Justice and Threatens Freedom of Expression, says NS
Following a series of meetings last week with Bridget Prentice, Minister for Justice, together with Ministry of Justice legal advisors, and with MPs on the Committee scrutinising the Children Schools & Families Bill, the NS remains deeply concerned by the Bill’s proposals for reporting of family courts and their adverse impact upon freedom of expression.
The NS believes that the intention of increased transparency has been lost in the Bill’s drafting, that the aim of achieving privacy for the families has been conflated into a renewed regime of secrecy which will not only fail to deliver the desired public accountability but will represent a major reduction in what can now be lawfully published, and will actually further reduce public debate and discussion of the family justice system.
In a Memorandum submitted to the Bill Committee this week, the NS says “The media have major concerns in relation to the reporting provisions of the Bill which as drafted will prevent the publication of material wholly unconnected with the proceedings, including material which at present could be lawfully published. The Bill will thus not only not achieve any increase in openness and confidence in the family courts but will have a highly detrimental impact in terms of freedom of expression and will infringe Article 10 rights.”
The NS points out that the Bill as drafted is not restricted to impacting upon reports of actual proceedings: its effect would be that to publish any article referring to family proceedings, even if derived entirely from material already in the public domain and even if the parties were not identified, would be a contempt, if it was not derived from an “authorised news report”.
The blanket ban upon publication of information identifying anyone “connected with” or “referred to” in the proceedings will continue indefinitely and for all purposes – reversing the important House of Lords judgment in Clayton V Clayton, and despite the Government’s statement that it would not do so. The NS believes this could lead to absurd results – such as not being able to (ever) name the Judge presiding over the case. It also means that all witnesses (apart from paid expert witnesses)– social services officials, local authority officers, police, teachers, will all have automatic anonymity, even in cases where disclosure of their identity would not identify the child or other parties to the proceedings.
The NS has urged an overhaul of the Bill so as to adopt as a model the reporting restrictions as applied in the youth courts and has proposed amendments which would ensure automatic anonymity for the families involved in the proceedings, with a discretion for the court to extend anonymity for other witnesses if this was necessary for the safety of any person, for the welfare of a child or vulnerable adult, or in the interests of justice, and to also ensure that the court would retain power to order the non-publication of particular evidence (for example sensitive personal /medical reports). In addition, the NS points out, the 2009 Rules already empower the court to exclude the media from all or part of the proceedings
The NS Memorandum states: “There is no agenda on the part of the media to be able to identify children, or immediate parties to the proceedings” “There is no dispute over the need to maintain the privacy of the families who are the subject of the proceedings . Others involved, though, have no claim to a right of “privacy” - the anonymity of non-parties is one of the foremost characteristics of the enshrined nature of secrecy in the family courts which led to the failing of public confidence in the family courts”
“It is wrong to suggest that the interests of the families are best met by a system of secret justice.” “In no other court is there considered to be an inherent tension between the proper administration of justice and open justice – in fact, quite the reverse”
The NS Memorandum will shortly be published on the Parliamentary website for the Bill Committee.
For further information, please contact Sue Oake, PERA Department, on 0207 632 7463 or sue_oake@newspapersoc.org.uk.
Sam Lister Appointed Newspaper Conference Chairman
Sam Lister, parliamentary correspondent for Press Association Lobby Extra, has been appointed chairman of the Newspaper Conference.
She succeeds Matt Chorley, London editor of the Western Morning News, who has held the post for the past year.
Sam said: “It is vital that politicians understand the issues facing the local media industry and the Newspaper Conference plays a key role in ensuring regular access to the most senior government ministers.
“I am looking forward to continuing Matt Chorley’s great work in improving access for regional reporters in the sometimes closed world of Whitehall and want to thank him for his achievements over the past year.”
Sam, 33, was appointed parliamentary correspondent for Press Association Lobby Extra in April 2007. She writes for the Belfast Telegraph, Bristol Evening Post and North Wales Daily Post.
She started her career in journalism as a trainee reporter on the Stockport Express before moving on to the Tameside Advertiser as a senior reporter in 2001.
She later became the Wirral district reporter for the Liverpool Daily Post and the Liverpool Echo before taking a position covering local politics for the Liverpool Daily Post.
The Newspaper Conference annual general meeting was held in Westminster on Tuesday.
For further information please contact Paul Sinker on 020 763 274 24 or sinkerp@newspapersoc.org.uk.
Observer Offers Date with Chief Reporter to Raise Cash for Haiti
A romantic Valentine’s dinner with the Royal Borough Observer’s chief reporter is the top prize in a competition to raise cash for victims of Haiti disaster.
Lovelorn male readers must donate a minimum of £20 to the Haiti Earthquake Appeal for a chance to enjoy a slap-up feed in a luxury hotel with 26-year-old Inderdeep Bains.
“Local business have been kind enough to donate some fantastic prizes to help us raise money which is desperately needed for a very worthy cause,” Inderdeep said.
“Like many people I have been touched by new reports covering Haiti, which is facing a natural disaster of unprecedented proportion. I hope people in Slough and Windsor will dig deep into their pockets to help us raise as much money as possible.”
As well as the date, the winner will scoop a host of other prizes donated by local businesses including Reading Football Club, Ascot Racecourse and Montem Ice Arena.
Donations can be made online here and entrants must then email amasud@berksmedia.co.uk with their contact details to be entered into the date prize draw. Winners are chosen at random and anyone over the age of 18 can enter.
For further information please contact Paul Sinker on 020 763 274 24 or sinkerp@newpapersoc.org.uk.
Entry Form for The 2010 Newspaper Awards Now Available
The entry form for The 2010 Newspaper Awards which celebrate excellence in regional and national newspaper production is now available.
The entry form can be downloaded here and readers of Production Journal will find a copy in this month’s edition of magazine. Closing date for entries is 15 February.
The awards, which consist of 18 categories, will be held on 21 April at the London Hilton.
For more information please contact Helen Hargreaves at helen@newspaperawards.co.uk or 01869 340788.
Archant Holds Annual Awards
Archant held its Annual Awards lunch at the Landmark Hotel in London on Friday.
Editorial, commercial and support staff and teams were presented with trophies at the reception and lunch attended by around 160 divisional winners.
Addressing colleagues, Archant chief executive, Adrian Jeakings, said: “Whilst the impact of the recession is far from over, it is already clear that Archant has made great progress during 2009. We have launched new products and services, including new newspapers, websites and ground-breaking mobile sites.
“This year we will build on the foundations laid in 2009. We will ramp up our investment in business development and will be launching more new products and services.
“But none of this is possible without the people of Archant who, day in day out, work across the country to make us the company we are today. To my mind they are the best people in the industry.”
Fopr further information please contact Paul Sinker on 020 763 274 24 or sinkerp@newspapersoc.org.uk.
NS Calls for Government Intervention on Competing Council Newspapers
Following publication of the Audit Commission’s conclusions on council publications this week, the NS is calling for an urgent meeting with the Government to ensure appropriate curbs are placed on those council publications which take private sector advertising in direct competition with independent regional and local newspapers.
“In light of the urgency of the problem, widely acknowledged by senior ministers when the Digital Britain report was published last June, and the subsequent catalogue of quango delays and buck-passing, it is vital that the Government intervenes immediately to prohibit local authorities from setting themselves as newspaper publishers and competing with local newspapers for advertising revenues,” said David Newell, director of the Newspaper Society. “Central government must not turn a blind eye to this practice any longer. It undermines local democracy and must be stopped.”
The Audit Commission explained last summer that it was not the right body to examine this issue and that it was only able to look at part of the picture regarding council publications. But despite the limited scope of the Audit Commission’s study and the lack of meaningful financial information available on council publications, the Commission has confirmed the industry’s fundamental point of concern: that over 90 per cent of English councils publish a periodical and 47 per cent of them – around 150 council publications in England alone – contain private sector advertising and are therefore in direct and damaging competition with independent local papers in their areas.
Notes:
The Digital Britain report (June 2009) noted “the adverse impact on local newspapers of the increasing role of local authorities in taking paid advertising to support local authority information sheets.” The Audit Commission was invited to undertake a specific inquiry (to be completed by the end of the summer 2009)“into the relationship between advertising in local authority and commercial newspapers, the prevalence of this practice, its impact and to make recommendations on best practice and if restraints should be placed on local authority in this field.”
In a response to the NS (July 2009), Audit Commission chief executive Steve Bundred explained that “the Commission’s role and expertise do not lend themselves to examining the health of local newspapers or isolating the impacts of specific local authority practices on commercial bodies. This element of the Digital Britain invitation appears better suited to regulators with a specific competition remit.” Instead they planned to carry out wider research into the value achieved by council spending on communicating with the public in order to spread good practice.
For further information please contact Lynne Anderson on 020 7632 7421 or e-mail lynne_anderson@newspapersoc.org.uk.
Audit Commission Announcement on Council Publications: NS Response
The Audit Commission has announced its findings in relation to council publications and communication with the public. As expected, these do not address the issue of “adverse impact on local newspapers in taking paid advertising to support local authority information sheets” which the Digital Britain report had identified should be investigated.
The Audit Commission’s letter and evidence supporting the findings are now available on their website here.
David Newell, director of the Newspaper Society, said:
“The NS has been aware since last summer that the Audit Commission was only able to look at part of the picture regarding council publications. The Commission’s research has however confirmed that 90 per cent of councils publish a periodical and that 47 per cent of them – some 150 publications in England alone – contain private sector advertising. It is quite wrong that local authorities should compete directly with independent regional and local newspapers for advertising revenue in this way.
“The Commission’s recommendation, that councils review the value of their spending on communication with the public and their editorial policies to ensure these are politically neutral and publicly defensible, must be implemented. The question of damaging impact on local media should now be referred to the Office of Fair Trading, as announced by the Government in the Commons debate on local newspapers on 13 January, as a matter of urgency.”
Sly Bailey, Trinity Mirror chief executive, said:
“The Audit Commission’s involvement has been a complete waste of time as we knew it would be. It was obvious they were the wrong body to assess competition in the local media market or the impact of local activities on commercial entities. In some cases, council newspapers are using tax-payers’ money to compete directly with the independent free press.
“This is damaging to local commercial publishers and is a real threat to local democracy. The abuse of tax-payers’ money to peddle council propaganda dressed up as journalism is an outrage which must be stopped. The government should stop trying to pass the buck to bodies that cannot tackle the core issues and must take direct action and intervene immediately before it is too late for some local newspapers.”
Note:
The Audit Commission has found that 5 per cent of council publications in England are published more frequently than monthly, 14 per cent are published more than 10 times a year and 27 per cent more than quarterly. Only 12 per cent are published at the ideal ‘value for money’ level of once or twice a year, as specified by last year’s research into The Impact of Council Publications by LGComms. This found that residents are more likely to be informed about council services and benefits, satisfied with the council and feel it offers value for money if the publication comes out once or twice a year and less likely if it is published 7-12 times a year.
- NS Letter to Audit Commission, 1 December
- War Rages over Council-Run Newspapers (Media Guardian)
- Background and Submissions
For more information please contact Lynne Anderson on 020 7632 7421 or email lynne_anderson@newspapersoc.org.uk.