SlideShare une entreprise Scribd logo
1  sur  32
Télécharger pour lire hors ligne
Read these later:
                               http://bit.ly/sparklegal2012



                      Legal Training
               …or how to have lots of fun and stay
                         out of trouble



© Spark Learn / R Berry 2012                                  1
The training works
• Spark FM: on-air = 3 years
       – Complaints upheld = 0
• Radio Hartlepool: on-air = 4 years
       – Complaints upheld = 3
• Bishop FM: On-air = 3 years
       – Complaints upheld = 2




© Spark Learn / R Berry 2012                        2
Why are we here?
• Ignorance is not an excuse




© Spark Learn / R Berry 2012                      3
3 Key things to remember

•Think First
•If in doubt, leave it out
•Know your audience
                               And if anything does happen. CONFESS

© Spark Learn / R Berry 2012                                    4
The Law
• This is where YOU can be fined, sued or
  arrested and jailed




© Spark Learn / R Berry 2012                5
#1: Libel
• A civil offence for which you, Spark and the
  University could be sued.
• The best defence against Libel is the truth.




© Spark Learn / R Berry 2012                     6
#1: Libel
• Libel are words (or images) that “tend to”
  disparage a person (or organisation) in their
  profession, trade or personal life or cause
  them to be shunned, avoided or ridiculed.
• Libels are untruths




© Spark Learn / R Berry 2012                      7
#1: Libel
• Myths:
       – If I don’t name them,
         that’s OK
       – If I say “allegedly” first
       – It’s Ok to read stuff out of
         the paper or from Twitter
         because they said it first



© Spark Learn / R Berry 2012               8
Case Study Time…
• We ALL knew it was
  Giggs!
• But only an MP
  could name him
  and not get sued…




© Spark Learn / R Berry 2012                      9
Lessons / Tips
•    Take “reasonable” precautions.
•    Plan content / brief guests / callers
•    Moderate online spaces
•    “Innocent Dissemination” can be a “Get out of
     jail free” card but ONLY if you can prove you
     did all you could to prevent the libel in a LIVE
     programme*
       –   *This doesn’t apply to pre-recorded content, sorry. Or the Internet.




© Spark Learn / R Berry 2012                                                      10
Contempt of Court
• This is where you say things or show things
  that may affect the course of a current or
  pending criminal trial.




© Spark Learn / R Berry 2012                       11
#2 Contempt
• Material which causes a “substantial risk of
  serious prejudice” in a legal case regardless of
  your intent
• Will a jury hear this information?
• Ignore, what you may hear or see online or a
  bloke in the pub tells you



© Spark Learn / R Berry 2012                     12
Can you talk about this?




© Spark Learn / R Berry 2012                              13
Beacon FM: 26/11/03




© Spark Learn / R Berry 2012                         14
Prompting one listener to text…

• "You are at serious risk of prejudicing a trial.
  He [Huntley] could walk free because of what
  u are doing. Don't u know the first thing about
  contempt of court?”
• "If you still have your jobs by the end of
  today, you can buy me a pint for saving your
  career! I hope no one tells the Radio
  Authority. I won't, but sum1 will."

© Spark Learn / R Berry 2012                                 15
Contempt could also be…
• Recording in the courtroom… or taking a
  photo
• Breaking a court order
       – Naming juveniles, victims or revealing information
         when ordered not to
       – Breaking an injunction
• Interviewing witnesses or jurors


© Spark Learn / R Berry 2012                              16
Tips
• Avoid rewriting news copy.
       – There is a difference between saying someone is
         accused or murder and someone who “killed”
• Has a story moved on? Do scripts and online
  copy need updating?




© Spark Learn / R Berry 2012                               17
#3 Copyright




© Spark Learn / R Berry 2012                  18
Myths and Truths
• Myth
       – You can play what you like, up to 30 seconds
       – You can play youtube clips in shows and jingles
• Reality
       – EVERYTHING is covered by copyright
       – You can use ‘reasonable’ amounts for the purpose
         of REVIEW or coverage of CURRENT events



© Spark Learn / R Berry 2012                               19
© Spark Learn / R Berry 2012   20
#4 Regulation
• OFCom issue the FM licence
• A condition is YOUR awareness of the
  Broadcasting Code
• Short-link: http://bit.ly/b-code




© Spark Learn / R Berry 2012                   21
#4 Regulation
• “Broadcasters must take all reasonable steps
  to protect people under 18” (1:2)
• Content must meet “generally accepted
  standards”




© Spark Learn / R Berry 2012                     22
#4 Regulation
• Might children be listening?
• Have your guests been fully briefed about
  language? Have tracks been screened and
  edited?
• Religion and religious programmes should be
  dealt with carefully
• We have “key commitments”
       – http://bit.ly/spark-kc

© Spark Learn / R Berry 2012                    23
Brick FM
• Regarding the material itself, Brick FM said that a “punany” was a
  “sandwich sold locally and is made of Italian bread with cheese and
  tomato which is heated up” and therefore did not accept the song “More
  Punany” had sexual connotations. Brick FM also maintained that the word
  “fuck” is “a commonly used word in Scotland, as a description, when
  something goes wrong or if they get angry or upset” rather than a sexual
  act giving the phrases “f---cars or f---crazy” as examples. It argued that it
  had “the right to use the commonly spoken word which is not considered
  offensively locally” and claimed that Ofcom was “unfamiliar with our *its+
  local dialect”.


Guidance:
http://bit.ly/offensivelyrics
© Spark Learn / R Berry 2012                                                  24
Offensive Language
• There is NO watershed on the Radio
• Warnings can help
• OFCom note: “in live programming, it is
  difficult for broadcasters to prevent the use of
  potentially offensive language, on the
  occasions that this happens. However, in such
  circumstances, listeners would expect to see
  quick action from the broadcaster to prevent
  further incidents and an apology”

© Spark Learn / R Berry 2012                         25
Rage Against 5 Live




© Spark Learn / R Berry 2012                         26
Fairness / Bias
                                 Sections 5, 6, 7 & 8

•    Don’t deceive the audience
•    Truth / Accuracy / Fairness
•    Competition entries MUST be real and fair
•    Never say you’re live, when you’re not
•    The public have a right to privacy
•    Special rules apply to election time
•    There also special laws around racial hatred

© Spark Learn / R Berry 2012                            27
Police Commissioners
• We are now in an “Election Period”
• Sections Five and Six of the Code apply to all Ofcom
  licensed services. However, there is no obligation on
  broadcasters to provide any election
  coverage, including coverage of the PCC Elections.
  Sections Five and Six are quite complex and can be
  challenging to interpret.
• Guidelines: http://bit.ly/vote4cops


© Spark Learn / R Berry 2012                              28
Un-due prominence
• Of a viewpoint on potentially controversial
  topics
• Of businesses / services (No free ads)




© Spark Learn / R Berry 2012                       29
A few simple rules
• Think First
• Ask, if you don’t know
• Take sensible
  precautions
• Know your audience
• Know the law /
  regulations / station
  rules
• Brief guests

© Spark Learn / R Berry 2012                        30
We asked Twitter for tips




© Spark Learn / R Berry 2012                               31
Links
Broadcasting Code: http://bit.ly/b-code
Guidance on Lyrics: http://bit.ly/offensivelyrics
Key Commitments: http://bit.ly/spark-kc
© Spark Learn / R Berry 2012                    32

Contenu connexe

Similaire à Spark compliance training 2012

How PICCOLO™ Can Help You Work More Effectively with Parents of Young Children
How PICCOLO™ Can Help You Work More Effectively with Parents of Young ChildrenHow PICCOLO™ Can Help You Work More Effectively with Parents of Young Children
How PICCOLO™ Can Help You Work More Effectively with Parents of Young ChildrenBrookes Publishing
 
Bell_DiversityInOrg_4e_PPT_CH13.pptx
Bell_DiversityInOrg_4e_PPT_CH13.pptxBell_DiversityInOrg_4e_PPT_CH13.pptx
Bell_DiversityInOrg_4e_PPT_CH13.pptxCaseylyn M. Allen
 
Seven Secrets to Selling with LinkedIn
Seven Secrets to Selling with LinkedInSeven Secrets to Selling with LinkedIn
Seven Secrets to Selling with LinkedInDropbox
 
1B Revision Film (Spectre)
1B Revision Film (Spectre)1B Revision Film (Spectre)
1B Revision Film (Spectre)MsJMcLeod
 
BBFC Film Classification Research
BBFC Film Classification ResearchBBFC Film Classification Research
BBFC Film Classification ResearchSilkproductions_
 

Similaire à Spark compliance training 2012 (10)

Teesdale law 2013
Teesdale law 2013Teesdale law 2013
Teesdale law 2013
 
How PICCOLO™ Can Help You Work More Effectively with Parents of Young Children
How PICCOLO™ Can Help You Work More Effectively with Parents of Young ChildrenHow PICCOLO™ Can Help You Work More Effectively with Parents of Young Children
How PICCOLO™ Can Help You Work More Effectively with Parents of Young Children
 
Unit 14 LO2
Unit 14 LO2Unit 14 LO2
Unit 14 LO2
 
Bell_DiversityInOrg_4e_PPT_CH13.pptx
Bell_DiversityInOrg_4e_PPT_CH13.pptxBell_DiversityInOrg_4e_PPT_CH13.pptx
Bell_DiversityInOrg_4e_PPT_CH13.pptx
 
Final proposal
Final proposalFinal proposal
Final proposal
 
Seven Secrets to Selling with LinkedIn
Seven Secrets to Selling with LinkedInSeven Secrets to Selling with LinkedIn
Seven Secrets to Selling with LinkedIn
 
1B Revision Film (Spectre)
1B Revision Film (Spectre)1B Revision Film (Spectre)
1B Revision Film (Spectre)
 
Procedures, Pitfalls and Costs: Best Practices for Securing Foreign Patents
Procedures, Pitfalls and Costs: Best Practices for Securing  Foreign PatentsProcedures, Pitfalls and Costs: Best Practices for Securing  Foreign Patents
Procedures, Pitfalls and Costs: Best Practices for Securing Foreign Patents
 
Irn bru pro forma
Irn bru pro formaIrn bru pro forma
Irn bru pro forma
 
BBFC Film Classification Research
BBFC Film Classification ResearchBBFC Film Classification Research
BBFC Film Classification Research
 

Plus de Richard Berry

Mac 212 casting, direction - dec12
Mac 212   casting, direction - dec12Mac 212   casting, direction - dec12
Mac 212 casting, direction - dec12Richard Berry
 
MAC212- Radio Advertising - Session 1
MAC212- Radio Advertising - Session 1MAC212- Radio Advertising - Session 1
MAC212- Radio Advertising - Session 1Richard Berry
 
273 contempt of court -2012
273  contempt of court -2012273  contempt of court -2012
273 contempt of court -2012Richard Berry
 
Mac212 adverts - week 1 for web
Mac212   adverts - week 1 for webMac212   adverts - week 1 for web
Mac212 adverts - week 1 for webRichard Berry
 
Placements introduction
Placements introductionPlacements introduction
Placements introductionRichard Berry
 
MAC 212 live tips (week 4)
MAC 212 live tips (week 4) MAC 212 live tips (week 4)
MAC 212 live tips (week 4) Richard Berry
 
Placements introduction
Placements introductionPlacements introduction
Placements introductionRichard Berry
 
MAC196 w2 - podcasts
MAC196   w2 - podcastsMAC196   w2 - podcasts
MAC196 w2 - podcastsRichard Berry
 

Plus de Richard Berry (19)

Reithian Podcasts
Reithian PodcastsReithian Podcasts
Reithian Podcasts
 
Podcast Studies
Podcast StudiesPodcast Studies
Podcast Studies
 
Mac 273 week 1 2013
Mac 273 week 1 2013Mac 273 week 1 2013
Mac 273 week 1 2013
 
Mac 212 casting, direction - dec12
Mac 212   casting, direction - dec12Mac 212   casting, direction - dec12
Mac 212 casting, direction - dec12
 
MAC212- Radio Advertising - Session 1
MAC212- Radio Advertising - Session 1MAC212- Radio Advertising - Session 1
MAC212- Radio Advertising - Session 1
 
Content
ContentContent
Content
 
Podcasting
PodcastingPodcasting
Podcasting
 
Mac 273 copyright
Mac 273   copyrightMac 273   copyright
Mac 273 copyright
 
273 contempt of court -2012
273  contempt of court -2012273  contempt of court -2012
273 contempt of court -2012
 
Mac273 week 3 -2011
Mac273   week 3 -2011Mac273   week 3 -2011
Mac273 week 3 -2011
 
Mac212 adverts - week 1 for web
Mac212   adverts - week 1 for webMac212   adverts - week 1 for web
Mac212 adverts - week 1 for web
 
Writing for Radio
Writing for RadioWriting for Radio
Writing for Radio
 
Community Radio
Community RadioCommunity Radio
Community Radio
 
Mac212 w1 online
Mac212 w1 onlineMac212 w1 online
Mac212 w1 online
 
Placements introduction
Placements introductionPlacements introduction
Placements introduction
 
MAC 212 live tips (week 4)
MAC 212 live tips (week 4) MAC 212 live tips (week 4)
MAC 212 live tips (week 4)
 
196 week 1
196  week 1196  week 1
196 week 1
 
Placements introduction
Placements introductionPlacements introduction
Placements introduction
 
MAC196 w2 - podcasts
MAC196   w2 - podcastsMAC196   w2 - podcasts
MAC196 w2 - podcasts
 

Spark compliance training 2012

  • 1. Read these later: http://bit.ly/sparklegal2012 Legal Training …or how to have lots of fun and stay out of trouble © Spark Learn / R Berry 2012 1
  • 2. The training works • Spark FM: on-air = 3 years – Complaints upheld = 0 • Radio Hartlepool: on-air = 4 years – Complaints upheld = 3 • Bishop FM: On-air = 3 years – Complaints upheld = 2 © Spark Learn / R Berry 2012 2
  • 3. Why are we here? • Ignorance is not an excuse © Spark Learn / R Berry 2012 3
  • 4. 3 Key things to remember •Think First •If in doubt, leave it out •Know your audience And if anything does happen. CONFESS © Spark Learn / R Berry 2012 4
  • 5. The Law • This is where YOU can be fined, sued or arrested and jailed © Spark Learn / R Berry 2012 5
  • 6. #1: Libel • A civil offence for which you, Spark and the University could be sued. • The best defence against Libel is the truth. © Spark Learn / R Berry 2012 6
  • 7. #1: Libel • Libel are words (or images) that “tend to” disparage a person (or organisation) in their profession, trade or personal life or cause them to be shunned, avoided or ridiculed. • Libels are untruths © Spark Learn / R Berry 2012 7
  • 8. #1: Libel • Myths: – If I don’t name them, that’s OK – If I say “allegedly” first – It’s Ok to read stuff out of the paper or from Twitter because they said it first © Spark Learn / R Berry 2012 8
  • 9. Case Study Time… • We ALL knew it was Giggs! • But only an MP could name him and not get sued… © Spark Learn / R Berry 2012 9
  • 10. Lessons / Tips • Take “reasonable” precautions. • Plan content / brief guests / callers • Moderate online spaces • “Innocent Dissemination” can be a “Get out of jail free” card but ONLY if you can prove you did all you could to prevent the libel in a LIVE programme* – *This doesn’t apply to pre-recorded content, sorry. Or the Internet. © Spark Learn / R Berry 2012 10
  • 11. Contempt of Court • This is where you say things or show things that may affect the course of a current or pending criminal trial. © Spark Learn / R Berry 2012 11
  • 12. #2 Contempt • Material which causes a “substantial risk of serious prejudice” in a legal case regardless of your intent • Will a jury hear this information? • Ignore, what you may hear or see online or a bloke in the pub tells you © Spark Learn / R Berry 2012 12
  • 13. Can you talk about this? © Spark Learn / R Berry 2012 13
  • 14. Beacon FM: 26/11/03 © Spark Learn / R Berry 2012 14
  • 15. Prompting one listener to text… • "You are at serious risk of prejudicing a trial. He [Huntley] could walk free because of what u are doing. Don't u know the first thing about contempt of court?” • "If you still have your jobs by the end of today, you can buy me a pint for saving your career! I hope no one tells the Radio Authority. I won't, but sum1 will." © Spark Learn / R Berry 2012 15
  • 16. Contempt could also be… • Recording in the courtroom… or taking a photo • Breaking a court order – Naming juveniles, victims or revealing information when ordered not to – Breaking an injunction • Interviewing witnesses or jurors © Spark Learn / R Berry 2012 16
  • 17. Tips • Avoid rewriting news copy. – There is a difference between saying someone is accused or murder and someone who “killed” • Has a story moved on? Do scripts and online copy need updating? © Spark Learn / R Berry 2012 17
  • 18. #3 Copyright © Spark Learn / R Berry 2012 18
  • 19. Myths and Truths • Myth – You can play what you like, up to 30 seconds – You can play youtube clips in shows and jingles • Reality – EVERYTHING is covered by copyright – You can use ‘reasonable’ amounts for the purpose of REVIEW or coverage of CURRENT events © Spark Learn / R Berry 2012 19
  • 20. © Spark Learn / R Berry 2012 20
  • 21. #4 Regulation • OFCom issue the FM licence • A condition is YOUR awareness of the Broadcasting Code • Short-link: http://bit.ly/b-code © Spark Learn / R Berry 2012 21
  • 22. #4 Regulation • “Broadcasters must take all reasonable steps to protect people under 18” (1:2) • Content must meet “generally accepted standards” © Spark Learn / R Berry 2012 22
  • 23. #4 Regulation • Might children be listening? • Have your guests been fully briefed about language? Have tracks been screened and edited? • Religion and religious programmes should be dealt with carefully • We have “key commitments” – http://bit.ly/spark-kc © Spark Learn / R Berry 2012 23
  • 24. Brick FM • Regarding the material itself, Brick FM said that a “punany” was a “sandwich sold locally and is made of Italian bread with cheese and tomato which is heated up” and therefore did not accept the song “More Punany” had sexual connotations. Brick FM also maintained that the word “fuck” is “a commonly used word in Scotland, as a description, when something goes wrong or if they get angry or upset” rather than a sexual act giving the phrases “f---cars or f---crazy” as examples. It argued that it had “the right to use the commonly spoken word which is not considered offensively locally” and claimed that Ofcom was “unfamiliar with our *its+ local dialect”. Guidance: http://bit.ly/offensivelyrics © Spark Learn / R Berry 2012 24
  • 25. Offensive Language • There is NO watershed on the Radio • Warnings can help • OFCom note: “in live programming, it is difficult for broadcasters to prevent the use of potentially offensive language, on the occasions that this happens. However, in such circumstances, listeners would expect to see quick action from the broadcaster to prevent further incidents and an apology” © Spark Learn / R Berry 2012 25
  • 26. Rage Against 5 Live © Spark Learn / R Berry 2012 26
  • 27. Fairness / Bias Sections 5, 6, 7 & 8 • Don’t deceive the audience • Truth / Accuracy / Fairness • Competition entries MUST be real and fair • Never say you’re live, when you’re not • The public have a right to privacy • Special rules apply to election time • There also special laws around racial hatred © Spark Learn / R Berry 2012 27
  • 28. Police Commissioners • We are now in an “Election Period” • Sections Five and Six of the Code apply to all Ofcom licensed services. However, there is no obligation on broadcasters to provide any election coverage, including coverage of the PCC Elections. Sections Five and Six are quite complex and can be challenging to interpret. • Guidelines: http://bit.ly/vote4cops © Spark Learn / R Berry 2012 28
  • 29. Un-due prominence • Of a viewpoint on potentially controversial topics • Of businesses / services (No free ads) © Spark Learn / R Berry 2012 29
  • 30. A few simple rules • Think First • Ask, if you don’t know • Take sensible precautions • Know your audience • Know the law / regulations / station rules • Brief guests © Spark Learn / R Berry 2012 30
  • 31. We asked Twitter for tips © Spark Learn / R Berry 2012 31
  • 32. Links Broadcasting Code: http://bit.ly/b-code Guidance on Lyrics: http://bit.ly/offensivelyrics Key Commitments: http://bit.ly/spark-kc © Spark Learn / R Berry 2012 32