Tag Archives: data protection

What you need to know about the laws on harassment, data protection and hate speech {UPDATED: Stalking added}

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The following is taken from the law chapter of The Online Journalism Handbook. The book blog and Facebook page contain updates and additions – those specifically on law can be found here.

Harassment

The Protection From Harrassment Act 1997 is occasionally used to prevent journalists on reporting on particular individuals. Specifically, any conduct which amounts to harassment of someone can be considered to a criminal act, for which the victim can seek an injunction (followed by arrest if broken) or damages.

One example of a blogger’s experience is illustrative of the way the act can be used with regard to online journalism, even if no case reaches court. Continue reading →

Councils should allow public meetings to be recorded, says Pickles

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A welcome window of clarity on the issue of whether bloggers can record public council meetings today: Local Government Secretary Eric Pickles has weighed in to say that public meetings should be open to bloggers and that they should “routinely allow online filming of public discussions as part of increasing their transparency”

It’s an issue that I’ve been investigating for a while on Help Me Investigate: while some councils actively stream their own meetings, and others allow members of the public to do the same, some councils explicitly forbid recording, others allow audio but require mayoral permission for video, and a few have conducted ‘investigations’ of citizens for daring to record public proceedings (and councillors), or ejected them from the room (see video above).

Pickles’ guidance – and the accompanying letter sent to all councils – provides useful material to show uncooperative councils.

The letter calls on councils to give “credible community or ‘hyper-local’ bloggers and online broadcasters the same routine access to council meetings as the traditional accredited media have”

It also reassures councils that “giving greater access will not contradict data protection law requirements”. This is a key part, as data protection is often used as an excuse to prevent filming. The Help Me Investigate investigation revealed a worrying ignorance regarding data protection laws by councils even in formal internal reports. Other areas, including privacy, copyright, defamation and “procedural matters” are covered in this blog post rounding up some of the investigation’s findings.

Other material that bloggers may find useful are mentioned in Pickles’ announcement. They include The Public Bodies (Admission to Meetings) Act 1960; The Local Government Act of 1972 and The Local Government (Access to Information) Act 1985.

I’m working on producing a cribsheet for bloggers wanting to record their local council’s public meetings. If you want to help, please leave a comment or subscribe to the investigation blog.

UPDATE: Philip John is compiling a list of who’s doing what in terms of recording, streaming, tweeting and liveblogging council meetings.

Presentation: Law for bloggers and journalists (UK)

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Yesterday I hosted a session on law for my MA Online Journalism students, which I thought I would embed below.

Some background: I teach all my sessions in a coffee shop in central Birmingham – anyone can drop in. This week I specifically invited local bloggers, and so the shape of the presentation was very much flavoured by contributions from The Lichfield Blog‘s Philip John; Nick Booth from Podnosh and BeVocal; Talk About Local‘s Nicky Getgood; Hannah Waldram of the Bournville Village Blog; Gavin Wray, Matthew Mark, and Mike Rawlins of Stoke’s Pits N Pots. The editor of the Birmingham Post Marc Reeves also came for an hour to share his own experiences in the regional press.

Two things occurred to me during the process of preparation and delivery of the session. The first is that law in this context is much broader: as well as the classic areas for journalists such as defamation, you have to take into account online publishing issues such as terms and conditions, data protection and user generated content.

Secondly, I’ve long been an advocate of conversational teaching styles (one of the reasons I teach in a coffee lounge) and this was a great example of that in practice. The presentation below is just a series of signposts – the actual session lasted 4 hours and included various tangents (some of which I’ve incorporated into this published version). Experiences in the group of students and guests ranged across broadcasting, print, photography, online publishing, academic study, and international law, and I came out of the session having learned a lot too.

I hope you can add some more points, examples, or anything I’ve missed. Here it is: