UK Media Law Pocketbook Second Edition 30th November 2022
By Tim Crook
Explaining the media law on attending and reporting all forms of local authority executive, committee and chamber meetings.
Analysing the three key pieces of legislation covering a variety of local government structures and styles of administration and additional Acts and statutory instruments applying rules of access for NHS health trusts, and police bodies- now under the regulation of Police Commissioners.
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Bullet points summarizing key aspects of the media law of Reporting Local Government and access to meetings (including professional disciplinary/misconduct hearings):
- Local and regional government bodies in the UK are responsible for spending billions of pounds of central government funds and council tax revenue and journalists have statutory, case law and freedom of expression rights in law to attend meetings and committees discussing and making their decisions;
- They are responsible for vital and critical public services in terms of social services, education, housing, planning, transport and environment.
- For example, in England alone there are 333 local authorities made up of 5 different types: county councils; district councils; unitary authorities; metropolitan districts; London boroughs and there are thousands of Town and Parish councils.
- Statutory legislation in the UK means any person who attends principal council proceedings can use any communication method, including the internet, to publish, post or otherwise share the results of their reporting activities. Publication and dissemination may take place at the time of the meeting or afterwards. This includes tweeting, live blogging, filming, photographing or making an audio recording. And the law allows for ‘any other means for enabling persons not present to see or hear proceedings at the meeting as it takes place or later.’ See https://www.legislation.gov.uk/ukpga/1972/70/section/100A. The Act also says ‘A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.’
- The devolved nations of Wales, Northern Ireland and Scotland have their respective structures of local authorities. Legislation passed in Wales in 2021 obliges principal councils, fire and rescue authorities and the national park authority to broadcast their public meetings online (https://www.legislation.gov.uk/asc/2021/1/section/46).
- In Wales there are 22 unitary (principal council) authorities and more than 730 community and town councils. In Scotland there are 32 unitary authorities in Scotland, and around 1200 community councils. In Northern Ireland there are 11 elected district councils. There has therefore never been an equivalent of the directly- elected English parish council in Northern Ireland.
- The combined budgets of all 32 London boroughs, The City of London, the Greater London Authority and Mayor of London’s office exceed that of some small sovereign states and this vast range of governmental activity and representative democracy clearly needs reporting and journalistic coverage. The Greater London Authority and Mayor of London’s Office are constituted by the Greater London Authority Act 1999 (https://www.legislation.gov.uk/ukpga/1999/29/contents) and 2007 (https://www.legislation.gov.uk/ukpga/2007/24/contents) Sections 45 to 48 provide for ‘public accountability’ (https://www.legislation.gov.uk/ukpga/1999/29/part/II/crossheading/public-accountability) and the law relating to ‘openness’ of the authority’s meetings and procedures under Section 58 avers to Part VA of the Local Government Act 1972 as if it were a ‘principal council’ (https://www.legislation.gov.uk/ukpga/1999/29/section/58);
- The law on access for the media and members of the public is set out in acts of parliament, statutory instruments and regulations and broadly means exclusion of attendance or non-disclosure of information can only be justified on the grounds of privacy, confidentiality and commercial confidentiality. (See: Part VA of the Local Government Act 1972- https://www.legislation.gov.uk/ukpga/1972/70/part/VA, for post 2011 cabinet style councils in England see: The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012- https://www.legislation.gov.uk/uksi/2012/2089/contents/made, for cabinet style councils in Wales see: Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001- https://www.legislation.gov.uk/wsi/2001/2290/contents, for Parish Councils and other forms of local government see Public Bodies (Admission to Meetings) Act 1960- (https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/contents);
- Journalists have legal rights to access financial and accounting records and are entitled to apply public interest scrutiny to investments a local authority body might make. (See section 26 of the Local Audit and Accountability Act 2014- https://www.legislation.gov.uk/ukpga/2014/2/section/26, and Local Audit (Public Access to Documents) Act 2017- https://www.legislation.gov.uk/ukpga/2017/25/contents/enacted) ;
- The UK government’s Department for Communities and Local Government has published a guide on ‘Open and Accountable local government’ which can be referenced in the event of any disputes. (See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/343182/140812_Openness_Guide.pdf) The Department also published a Local government transparency code in 2015 (See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/408386/150227_PUBLICATION_Final_LGTC_2015.pdf) ;
- The Local Government Association publishes guides and advice to members on best practice in media and public relations. (See Code of Recommended Practice on Local Authority Publicity in 2011- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/5670/1878324.pdf);
- Case law challenges of closed meetings and denials of information by way of judicial review are rare though there have been notable test case histories where litigation and/or Freedom of Information Act requests and tribunal appeals have overcome legally untenable exclusion and denial of information decisions;
- The collapse in the local and regional journalism industry has led to a reduction in professional reporting of public authorities though the Local Democracy Scheme funded by the BBC has maintained a specialist corps of journalists covering local government in many parts the UK. The Local Government Association has been encouraging its members to connect with hyper-local and community journalism. (See the LGA’s ‘Modern media relations – a content-driven approach to communications’ at https://www.local.gov.uk/our-support/guidance-and-resources/comms-hub-communications-support/futurecomms-building-local-15) Journalists who report on London’s local politics have launched their own organisation inspired by the Westminster lobby. It includes accredited reporters covering the Mayor of London and Greater London Authority which in 2022 managed an annual budget of around £19 billion. (See: https://www.holdthefrontpage.co.uk/2022/news/local-journalists-launch-new-group-inspired-by-westminster-lobby/ & https://www.holdthefrontpage.co.uk/2022/news/lobby-inspired-local-journalists-hold-first-huddle-with-politicians-they-cover/);
- Journalists are entitled to argue that local authorities should not use what is known as ‘election purdah’ periods to close important meetings from media and public access. The ‘election purdah’ concept should only apply to avoiding public body public relations services being used to campaign for councillors or Mayors standing in elections and thereby giving them an unfair advantage. But some principal councils have been criticised for excluding public and journalistic access to actual decision making meetings during election campaigns. Rather than use the word ‘purdah’, they have begun replacing it with the terms ‘pre-election period’ and ‘heightened sensitivity’ and it does look like they may be determined to make previously public meetings private if they believe this is the only way to comply with their understanding of pre-election restrictions governed by Section 2 of the Local Government Act 1986. (See: Local Government Association ‘Short guide to publicity during the pre-election period’- https://www.local.gov.uk/publications/short-guide-publicity-during-pre-election-period);
- Journalist and news publishers sometimes have to assert their public interest and freedom of expression rights to attend police officer misconduct hearings and identify those officers involved;
- There is a varied framework of journalistic access and open justice rights to hearings and decisions by professional disciplinary bodies with some being more transparent and open than others. This includes complaints and disciplining of solicitors, barristers, teachers, medics and judges.
- Many aspects of the governance of the National Health Service, fire, rescue, and police bodies are run by trusts, police commissioners and oversight bodies that, again, provide a varied framework of journalistic and public access to management and decision-making meetings. Some of these are covered by the Public Bodies (Admission to Meetings) Act 1960 (England, Wales and Scotland). (See: https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/contents and ‘Bodies to which this Act applies’ https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/schedule);
- Journalists, and members of the public have rights to visit council offices if they wish to inspect agendas, minutes and relevant documents relating to decisions during what is described as ‘reasonable hours.’ Under the Local Government Act 1972 there are rights of access to council agendas and connected reports, inspection and publication of minutes and other documents after meetings, background papers, and these are set out under Sections 100B to 100G of Part VA ‘Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees’. (See: https://www.legislation.gov.uk/ukpga/1972/70/part/VA) For cabinet council bodies See Section 7 of the 2012 regulations for ‘Access to agenda and connected reports for public meetings’ at https://www.legislation.gov.uk/uksi/2012/2089/regulation/7/made and Section 9 ‘Publicity in connection with key decisions’ at https://www.legislation.gov.uk/uksi/2012/2089/regulation/9/made and Section 21 ‘Inspection and supply of documents’- (See https://www.legislation.gov.uk/uksi/2012/2089/regulation/21/made);
- There are access rights to financial documents not usually published during one specific time period each year. For example, the Local Government Transparency Code 2015 sets out categories of expenditure that must be published quarterly and this includes spending exceeding £500, Government Procurement Card transactions, and Procurement information. (See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/408386/150227_PUBLICATION_Final_LGTC_2015.pdf) The Code recommends that local authorities go further than the minimum publication requirements and publish information on a monthly instead of quarterly basis, or ideally, as soon as it becomes available and therefore known to the authority (commonly known as ‘real-time’ publication);
- Local authorities are obliged to provide notice periods which include five clear days for public meetings and 28 clear days for private meetings.
- Although journalists and members of the public are entitled to electronically record public council proceedings by filming, photographing, or audio recording, councils also have powers to prevent disruption of meetings and this would include any attempt to provide an oral commentary while the meeting is in progress.
- Most local authorities in the UK are run by cabinet style executive committee meetings rather than full meetings of all elected councillors in the style of Westminster’s House of Commons or Lords. This was brought about by the Local Government Act 2000 which changed the style, structure and nature of governance. (See: https://www.legislation.gov.uk/ukpga/2000/22/contents). Under sections 97 and 98 Parliament synchonised rights of access to meetings and information to the situation with local government legislated for in the Local Government Act 1972. (See: https://www.legislation.gov.uk/ukpga/2000/22/part/V/crossheading/access-to-information);
- The 1996 Defamation Act provides the qualified privilege protection in libel (subject to explanation or contradiction) for accurate and fair reports of local authority meetings and documents and this should apply to public bodies such police forces. If there is any doubt double-check with the Act’s Schedule 1, Parts 1 and 2. The critical phrase in Part 2 is ‘an authority anywhere in the world performing ‘governmental functions’ and this includes ‘police functions.’ (See: https://www.legislation.gov.uk/ukpga/1996/31/schedule/1);
- It is worth bearing in mind that public authorities and police forces employ highly skilled cadres of well remunerated and securely employed press officers, usually ‘poachers turned gamekeepers’ in terms of having been experienced journalists and they also have the financial muscle to engage the best legal advice and representation available in media law disputes;
- Central government in recent years has sought to discourage and prevent local authorities financing their own local newspaper publications- critically described as ‘Pravdas’ by independent publishers and journalism bodies such as the Chartered Institute of Journalists and News Media Association. This is because of their potential for being propaganda arms of local government and competing in the advertising and circulation market of local and regional newspaper media. In 2011 the UK government published a ‘Code of Recommended Practice on Local Authority Publicity’ which said ‘Local authorities should not publish or incur expenditure in commissioning in hard copy or on any website, newsletters, newssheets or similar communications which seek to emulate commercial newspapers in style or content.’ The Code said publication of newsletters, newssheets or similar communications, should not be issued ‘more frequently than quarterly.’ (See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/5670/1878324.pdf). However, controversy about the practice remains. The Welsh government issued a ‘Code of recommended practice for local authority publicity’ in March 2022 and made no reference to any issues concerning councils that published their own newspapers. (See: https://www.gov.wales/sites/default/files/publications/2022-03/code-recommended-practice-for-local-authority-publicity.pdf);
- Another subject of controversy is when political parties such as the Liberal Democrats publish and distribute newspapers with titles and layout designs which look like established independent papers. Local newspaper editors and groups criticize this as ‘passing off’ to deceive voters, though during the 1960s and 70s National Young Liberals used community politics and newspapers as methods of social and political activism.
- Journalists and members of the public have statutory rights of access to planning applications and registers, registers of interests of councillors, disclosure of pecuniary interests, and personal expenses. These can be the source of impactful public interest sources. See: Sections 69 and 188 of The Town and Country Planning Act 1990 for rights of access to planning information (https://www.legislation.gov.uk/ukpga/1990/8/section/69 & https://www.legislation.gov.uk/ukpga/1990/8/section/188). See Sections 27 to 29 of the Localism Act 2011 on rights of access to the register of local authority members’ interests (https://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/7/enacted). See The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012/1464) on disclosure of councillors’ pecuniary interests (https://www.legislation.gov.uk/uksi/2012/1464/made) and Regulation 15 and 16 of the Local Authorities (Members’ Allowances) (England) Regulations 2003 (SI 2003/1021) for access and publicity in respect of the register of council members’s expenses (https://www.legislation.gov.uk/uksi/2003/1021/regulation/15/made & https://www.legislation.gov.uk/uksi/2003/1021/regulation/16/made);
- Journalists in the UK have uneven rights and access to the disciplinary bodies of professions. Some permit and encourage attendance by the media of hearings; others do not, but do publish adjudications. Professional misconduct by police officers is very much a public interest in recent years; particularly when the Metropolitan Police Commissioner Sir Mark Rowley has publicly complained of his force’s difficulties in dismissing rogue officers who should no longer be serving or even have been recruited. Police forces in the UK have a varied approach to journalistic access to disciplinary proceedings;
- The Metropolitan Police employs 31,000 officers and operates a policy of holding misconduct hearings in public where at all possible. This is facilitated on an application basis with a capacity at each session of eight places for members of the public and four places for members of the press. (See: https://www.met.police.uk/advice/advice-and-information/mis/misconduct-hearings/about-misconduct-hearings/)
- The chairs of the Met Police misconduct hearings can determine the proceedings before them and occasionally, a misconduct hearing is not held in public or only a part is heard in public because of reasons of national security; potential interference with the prevention or detection of crime and the welfare of parties involved. The Chair also exercises the power to preserve the anonymity of vulnerable witnesses. Recording and photography is not permitted though accredited members of the press will be allowed to use text-based communications to report the proceedings. The Met Police gives notice of the hearings at https://www.met.police.uk/foi-ai/af/accessing-information/published-items/?q=&dt=Misconduct+hearing&fdte= , publishes hearing outcomes at https://www.met.police.uk/foi-ai/af/accessing-information/published-items/?q=&dt=Misconduct+outcome and enables application to attend hearings via online application at https://www.met.police.uk/advice/advice-and-information/mis/sf/apply-to-attend-a-hearing/;
- The following coverage by Hold The Front Page demonstrates some of the frustrations professional journalists have challenging secrecy and restrictions at police misconduct hearings across the UK: ‘Journalists thwarted after bid to name sex case sergeant’ (see: https://www.holdthefrontpage.co.uk/2023/news/sex-case-sergeant-given-anonymity-as-journalists-lose-secrecy-fight/); ‘Daily editor demands greater transparency from ‘toxic’ police force’ (see: https://www.holdthefrontpage.co.uk/2022/news/daily-editor-demands-greater-transparency-from-toxic-police-force/); ‘Reporter barred from covering police hearing after secret meeting’ (see: https://www.holdthefrontpage.co.uk/2021/news/reporter-barred-from-covering-police-hearing-after-secret-meeting/) ‘Daily slams ‘murky’ police practices as sacked cop given anonymity’ (see: https://www.holdthefrontpage.co.uk/2022/news/daily-slams-murky-police-practices-as-sacked-dodgy-copper-given-anonymity/) In May 2023 journalists continued to be concerned about the inconsistency in open justice at police misconduct hearings. In Derby journalists were refused the right to identify details about a police officer, including gender, who was disciplined for making discriminatory and offensive remarks to a colleague. See: https://www.holdthefrontpage.co.uk/2023/news/journalists-barred-from-revealing-gender-of-disgraced-police-officer/ In March 2023 Brighton & Hove News editor Jo Wadsworth complained that Sussex police refused to give locations of police misconduct incidents. See: https://www.holdthefrontpage.co.uk/2023/news/editor-slams-police-over-refusal-to-give-location-of-incidents/;
- The Hold The Front Page law column reported a legal victory at the High Court to identify a police officer subject to misconduct proceedings in March 2022- ‘Newsquest’s court battle to name police officer dismissed for gross misconduct’ (see: https://www.holdthefrontpage.co.uk/2022/news/law-column-newsquests-court-battle-to-name-police-officer-dismissed-for-gross-misconduct/) It was noted Mrs Justice Ellenbogen observed that the dismissed police officer, Terry Cooke, ‘does not have a reasonable expectation of privacy “in relation to acts of serious misconduct committed in the context of his professional activities”, and that his identity was an integral part of the story’;
- The government regulates teacher misconduct hearings in England and Wales, and like with police misconduct hearings, attendance and coverage by the public and media is possible on application. (See: https://www.gov.uk/government/collections/teacher-misconduct). Online notice of hearings is provided (See: https://www.gov.uk/guidance/teacher-misconduct-attend-a-professional-conduct-panel-hearing-or-meeting) and hearing outcomes are published (https://www.gov.uk/search/all?parent=&keywords=panel+outcome+misconduct&level_one_taxon=&manual=&organisations%5B%5D=teaching-regulation-agency&organisations%5B%5D=national-college-for-teaching-and-leadership&public_timestamp%5Bfrom%5D=&public_timestamp%5Bto%5D=&order=updated-newest) As of 12th February 2023, there were 1,258 decisions published online. Teacher serious misconduct hearings can be held either virtually (online) or in person and remote hearings are also accessible by application on the part of the public and media. (See: https://www.gov.uk/government/publications/teacher-misconduct-information-for-observers/teacher-misconduct-hearings-information-for-observers) The use of mobile telephones during the hearing is prohibited. The physical in person hearings are usually held at the Teaching Regulation Agency’s headquarters in Coventry;
- The judiciary in England and Wales is regulated for discipline and misconduct by the Judicial Conduct Investigations Office. (See: https://www.complaints.judicialconduct.gov.uk/) Hearings are not open to media reporting and attendance by the public, but outcomes are published online. (See: https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/) Since its formation in 2013, the JCIO has dealt with over 10,000 complaints. Over the same period, chamber presidents and advisory committees have dealt with thousands of complaints about tribunals’ office-holders and magistrates. At around 50 cases a year, misconduct by judicial office-holders is rare;
- A consultation into judicial discipline conducted between 2021 and 2022 concluded: ‘while it would be wrong to describe the system as closed, we recognise that more could be done to aid public understanding of disciplinary decisions.’ (Se https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1033392/judicial-discipline-consultation.pdf) It might be argued that the system operates as closely to secret justice as it is possible to achieve. The outcome statements are minimalist in the extreme- just a name and one line reference to the alleged misconduct, no detail of the charge, evidence, defence and even the location and time of the court hearing;
- The General Medical Council regulates the medical doctors’ profession with hearings and decisions operated by way of Medical practitioners tribunals and Interim order tribunals. The system is explained with extensive online resources. (See: https://www.gmc-uk.org/sitecore/content/mpts-website/home/hearings-and-decisions);
- They generally take place in public with all in-person hearings heard in Manchester and there is the option to attend virtual hearings which can be observed remotely via MS Teams. Attendance by the public is by application 48 hours in advance and prior agreement to terms of access. Members of the press need to contact the GMC’s press office pressoffice@mpts-uk.org. Notice of hearings and decisions are issued online. (See; https://www.mpts-uk.org/hearings-and-decisions/medical-practitioners-tribunals);
- The Nursing and Midwifery Council regulates professional discipline and misconduct matters with hearings and sanctions publicised online with notices and decisions. (See: https://www.nmc.org.uk/concerns-nurses-midwives/hearings/hearings-sanctions/) The NMC says its ‘hearings are usually held in public. However, a panel can hear all or part of a hearing in private when it is satisfied that it is reasonable and proportionate to do so, and it is justified in the interests of any party (including any third party) or is in the public interest.’ Attendance by media and public is facilitated by prior application and when remote the connection is audio only. (See https://www.nmc.org.uk/concerns-nurses-midwives/hearings/attending-a-hearing/);
- Lawyers in England and Wales are regulated by their respective professional bodies- The Bar Council for barristers operates The Bar Tribunals and Adjudication Service (‘BTAS’). (See: https://btasrecruitment.org/) The BTAS publicises advanced notice of hearings and decisions online. (See: https://www.tbtas.org.uk/hearings/how-the-hearings-process-works/) Disciplinary Tribunal hearings are held in public unless there has been a specific order that a particular hearing be held in private. Members of the public, press and the profession are welcome to attend hearings, although it should be noted that seating is usually limited to 6 observers per hearing. (https://www.tbtas.org.uk/hearings/how-the-hearings-process-works/guidance-on-attending-a-hearing/);
- Professional misconduct by solicitors are adjudicated by ‘Prosecution before the Solicitors Disciplinary Tribunal.’ (See: https://www.sra.org.uk/solicitors/enforcement/solicitors-disciplinary-tribunal/) The Tribunal gives advanced notice of its hearings and its judgements online and permits limited attendance by members of the public and journalists. (See: https://www.solicitorstribunal.org.uk/) In July 2022 the Ministry of Justice increased the Solicitors Regulation Authority’s fining powers from £2,000 to £25,000 for solicitors and traditional law firms. Live tweeting is not permitted during the tribunal hearings. Hearings are usually in public both in person and remotely. But, on application of either party, the tribunal can consent to a private hearing in exceptional cases.
- Professional misconduct by dentists in the UK is regulated by the General Dental Council which seeks to publicise its hearing and outcomes online. (See: https://olr.gdc-uk.org/hearings) This website also provides a database record of past hearings and outcomes and pdf file setting out the detail of the cases. As of March 2023 the GDC said: ‘will continue to hold hearings remotely, especially interim order and review hearings, where there are clear benefits in expediting proceedings. We are also holding hearings at our London offices, and will continue to do this when it is clear that the evidence would be best heard in person, to ensure fairness to all parties involved.’ Requests to attend hearings remotely can be made at https://contactus.gdc-uk.org/Hearing/Attend/AttendRemoteHearing Its disclosure and publication policy 2018 is set out at https://www.gdc-uk.org/docs/default-source/information-we-hold-about-you/disclosure-and-publication-policy.pdf The policy states at paragraph 106: ‘All media queries must be directed to the GDC press office (pressoffice@gdc-uk.org). All disclosures to the media will follow this policy’;
- Professional misconduct by opticians in the UK is regulated by the General Optical Council. (See: https://optical.org/en/raising-concerns/raising-concerns-about-an-optician/) The GOC explains ‘The majority of our hearings are held in public and in certain instances, part or all of a case may be heard in private. All hearings will be carried out by our independent Hearings Panel.’ Hearings usually take place at the offices of the General Optical Council, 10 Old Bailey, London, EC4M 7NG very close to the Central Criminal Court. (See: https://optical.org/en/raising-concerns/hearings/how-to-attend-a-hearing/) The GOC explains how the hearing panels are constituted at https://optical.org/en/raising-concerns/hearings/hearings-panel/, publicises forthcoming hearings at https://optical.org/en/raising-concerns/hearings/future-hearings/ and decisions/outcomes of past hearings at https://optical.org/en/raising-concerns/hearings/past-hearings/ It should be noted how many of the hearings are held in private and the extent of redactions in outcome/decisions statements and summaries which arguably restrict the effectiveness of reporting. It is also whether these redacted details could have been reported had a reporter been present.
Links
Admission to meetings of principal councils. Section 100A Local Government Act 1972
https://www.legislation.gov.uk/ukpga/1972/70/section/100A
Section 46 Local Government and Elections (Wales) Act 2021 Electronic broadcasts of meetings of certain local authorities
https://www.legislation.gov.uk/asc/2021/1/section/46
Greater London Authority Act 1999
https://www.legislation.gov.uk/ukpga/1999/29/contents
Public accountability Greater London Authority Act 1999. Section 45 The Mayor’s periodic report to the Assembly, Section 46 Annual report by the Mayor, Section 47 The annual State of London debate, and Section 48 People’s Question Time
https://www.legislation.gov.uk/ukpga/1999/29/part/II/crossheading/public-accountability
Greater London Authority Act 2007
https://www.legislation.gov.uk/ukpga/2007/24/contents
Section 58 ‘Openness’ Greater London Authority Act 1999.- ‘Part VA of the M1Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if— (a)the Assembly were a principal council, and (b)any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part, but with following modifications…’
https://www.legislation.gov.uk/ukpga/1999/29/section/58
Local Government Act 1972- ‘Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.’
https://www.legislation.gov.uk/ukpga/1972/70/part/VA
The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012
https://www.legislation.gov.uk/uksi/2012/2089/contents/made
Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001
https://www.legislation.gov.uk/wsi/2001/2290/contents
Public Bodies (Admission to Meetings) Act 1960
https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/contents
Section 26 Local Audit and Accountability Act 2014- Inspection of documents etc
https://www.legislation.gov.uk/ukpga/2014/2/section/26
Local Audit (Public Access to Documents) Act 2017
https://www.legislation.gov.uk/ukpga/2017/25/contents/enacted
Open and accountable local government- A guide for the press and public on attending and reporting meetings of local government
Department for Communities and Local Government: Local Government Transparency Code
Department for Communities and Local Government: CODE OF RECOMMENDED PRACTICE ON LOCAL AUTHORITY PUBLICITY
Local Government Association: Modern media relations – a content-driven approach to communications
Local journalists launch new group inspired by Westminster lobby by David Sharman Published 22 Jul 2022
Local journalists hold first lobby-inspired ‘huddle’ with politicians by David Sharman Published 19 Oct 2022
Local Government Association- This guide provides advice and guidance on the publicity restrictions that should be observed by local authorities during the pre-election period.
https://www.local.gov.uk/publications/short-guide-publicity-during-pre-election-period
Public Bodies (Admission to Meetings) Act 1960
https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/contents
‘Bodies to which this Act applies’
https://www.legislation.gov.uk/ukpga/Eliz2/8-9/67/schedule
Local Government Act 1972, Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees
https://www.legislation.gov.uk/ukpga/1972/70/part/VA
The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012- Access to agenda and connected reports for public meetings
https://www.legislation.gov.uk/uksi/2012/2089/regulation/7/made
Section 9 ‘Publicity in connection with key decisions’
https://www.legislation.gov.uk/uksi/2012/2089/regulation/9/made
Section 21 ‘Inspection and supply of documents’-
https://www.legislation.gov.uk/uksi/2012/2089/regulation/21/made
Department for Communities and Local Government: Local Government Transparency Code 2015
Local Government Act 2000
https://www.legislation.gov.uk/ukpga/2000/22/contents
Under sections 97 and 98 Parliament synchonised rights of access to meetings and information to the situation with local government legislated for in the Local Government Act 1972.
https://www.legislation.gov.uk/ukpga/2000/22/part/V/crossheading/access-to-information
The 1996 Defamation Act Schedule 1, Parts 1 and 2.
https://www.legislation.gov.uk/ukpga/1996/31/schedule/1
Department for Communities and Local Government- CODE OF RECOMMENDED PRACTICE ON
LOCAL AUTHORITY PUBLICITY
Welsh Government: GUIDANCE Code of Recommended Practice for Local Authority Publicity
Town and Country Planning Act 1990- Section 65 Publicity for applications and Section 69 Register of applications etc
https://www.legislation.gov.uk/ukpga/1990/8/part/III/crossheading/publicity-for-applications & https://www.legislation.gov.uk/ukpga/1990/8/section/69
Town and Country Planning Act 1990 Section 188- Register of enforcement and stop notices and other enforcement action
https://www.legislation.gov.uk/ukpga/1990/8/section/188
Sections 27 to 29 of the Localism Act 2011 on rights of access to the register of local authority members’ interests https://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/7/enacted
The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012/1464) on disclosure of councillors’ pecuniary interests
https://www.legislation.gov.uk/uksi/2012/1464/made
Regulation 15 and 16 of the Local Authorities (Members’ Allowances) (England) Regulations 2003 (SI 2003/1021) for access and publicity in respect of the register of council members’s expenses
https://www.legislation.gov.uk/uksi/2003/1021/regulation/15/made & https://www.legislation.gov.uk/uksi/2003/1021/regulation/16/made).
Metropolitan Police Misconduct Hearings
Notice of hearings at https://www.met.police.uk/foi-ai/af/accessing-information/published-items/?q=&dt=Misconduct+hearing&fdte=
Hearing outcomes at https://www.met.police.uk/foi-ai/af/accessing-information/published-items/?q=&dt=Misconduct+outcome
Application portal to attend hearings via online application at https://www.met.police.uk/advice/advice-and-information/mis/sf/apply-to-attend-a-hearing/
‘Journalists thwarted after bid to name sex case sergeant’
‘Daily editor demands greater transparency from ‘toxic’ police force’
‘Reporter barred from covering police hearing after secret meeting’
‘Daily slams ‘murky’ police practices as sacked cop given anonymity’
‘Journalists barred from revealing gender of disgraced police officer’
‘Editor slams cops over refusal to give locations of police misconduct incidents’
Hold The Front Page law column March 2022- ‘Newsquest’s court battle to name police officer dismissed for gross misconduct’
Teacher Serious Misconduct Hearings in England and Wales.
https://www.gov.uk/government/collections/teacher-misconduct
Online notice of hearings is provided
Hearing outcomes are published online
Access for journalists and public to in person and remote hearings
Judicial Discipline Consultation on proposals about the judicial disciplinary system in England and Wales. A consultation by the Lord Chancellor and Lord Chief Justice of England and Wales.
Judicial Conduct Investigations Office
https://www.complaints.judicialconduct.gov.uk/
Disciplinary statements from the JCIO published online
https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/
The General Medical Council regulates a system of Medical practitioners tribunals and Interim order tribunals usually sitting in public in Manchester.
https://www.gmc-uk.org/sitecore/content/mpts-website/home/hearings-and-decision
Notice of hearings and decisions are issued online.
https://www.mpts-uk.org/hearings-and-decisions/medical-practitioners-tribunals
The Nursing and Midwifery Council online notices and decisions
https://www.nmc.org.uk/concerns-nurses-midwives/hearings/hearings-sanctions/
Attendance by media and public
https://www.nmc.org.uk/concerns-nurses-midwives/hearings/attending-a-hearing/);
The Bar Council for barristers operates The Bar Tribunals and Adjudication Service (‘BTAS’) Advanced notice of hearings and decisions online.
https://www.tbtas.org.uk/hearings/how-the-hearings-process-works/
Access to public hearings
https://www.tbtas.org.uk/hearings/how-the-hearings-process-works/guidance-on-attending-a-hearing/);
Professional misconduct by solicitors are adjudicated by ‘Prosecution before the Solicitors Disciplinary Tribunal.’
https://www.sra.org.uk/solicitors/enforcement/solicitors-disciplinary-tribunal/)
Advanced notice of public hearings and judgements online
https://www.solicitorstribunal.org.uk/
Professional misconduct by dentists in the UK is regulated by the General Dental Council with a database of past and forthcoming hearings and decisions.
https://olr.gdc-uk.org/hearings
Requests to attend hearings remotely can be made online
https://contactus.gdc-uk.org/Hearing/Attend/AttendRemoteHearing
General Dental Council disclosure and publication policy 2018
Professional misconduct by opticians in the UK is regulated by the General Optical Council
https://optical.org/en/raising-concerns/raising-concerns-about-an-optician/
How to apply to and access GOC disciplinary hearings
https://optical.org/en/raising-concerns/hearings/how-to-attend-a-hearing/
How GOC hearing panels are constituted
https://optical.org/en/raising-concerns/hearings/hearings-panel/
Forthcoming GOC disciplinary hearings
https://optical.org/en/raising-concerns/hearings/future-hearings/
Decisions and outcomes of past GOC hearings
https://optical.org/en/raising-concerns/hearings/past-hearings/
Secondary Media Law Codes and Guidelines
IPSO Editors’ Code of Practice in one page pdf document format https://www.ipso.co.uk/media/2032/ecop-2021-ipso-version-pdf.pdf
The Editors’ Codebook 144 pages pdf booklet 2023 edition https://www.editorscode.org.uk/downloads/codebook/codebook-2023.pdf
IMPRESS Standards Guidance and Code 72 page 2023 edition https://www.impress.press/wp-content/uploads/2023/02/Impress-Standards-Code.pdf
Ofcom Broadcasting Code Applicable from 1st January 2021 https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code Guidance briefings at https://www.ofcom.org.uk/tv-radio-and-on-demand/information-for-industry/guidance/programme-guidance
BBC Editorial Guidelines 2019 edition 220 page pdf http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/bbc-editorial-guidelines-whole-document.pdf Online https://www.bbc.com/editorialguidelines/guidelines
Office of Information Commissioner (ICO) Data Protection and Journalism Code of Practice 2023 41 page pdf https://ico.org.uk/media/for-organisations/documents/4025760/data-protection-and-journalism-code-202307.pdf and the accompanying reference notes or guidance 47 page pdf https://ico.org.uk/media/for-organisations/documents/4025761/data-protection-and-journalism-code-reference-notes-202307.pdf
The featured image for this chapter is ‘Looking across the waters of the Royal Victoria Dock to The Crystal’, which is now the City Hall building for the Greater London Authority. The move from the south bank building opposite Tower Bridge took place in 2021. The photograph’s credits are: Date 19 September 2015, 12:12:05
Source https://www.flickr.com/photos/mattbuck007/22080707771/ Author Matt Buck and the use of it is by Creative Commons Attribution-Share Alike 2.0 Generic The author of the image is also credited in the file name.
UK Media Law Pocketbook Second Edition 