THE UK MEDIA LAW POCKETBOOK
by Tim Crook
Published by Routledge 30th November 2022
If you are reading and accessing this publication as an e-book such as on the VitalSource platform, please be advised that it is Routledge policy for clickthrough to reach the home page only. However, copying and pasting the url into the address bar of a separate page on your browser usually reaches the full YouTube, Soundcloud and online links.
The companion website pages will contain all of the printed and e-book’s links with accurate click-through and copy and paste properties. Best endeavours will be made to audit, correct and update the links every six months.
Chapter 5
Protecting Children
The special protection that UK media law offers in shielding and guarding the interests of children through statute, case law and secondary media regulation.
The restrictions imposed in the Youth Court system of England and Wales and how the anonymity provisions continue to protect their welfare in the adult courts.
Ofcom’s section on ‘protecting the under eighteens.’
The priority in protecting children and young people’s interests in developing privacy law. The special obligations and liabilities in photography, filming and image publication in relation to children.
The emphasis by print self-regulation in protecting children involved in journalistic news gathering and story publication.
How the family legal system sets its restrictions, anonymity and privacy arrangements to protect children and young people.
Video-cast on Protecting Children in Media Law
5.0 Key legal points and concepts protecting children from media harm, intrusion and identification
A downloadable sound file of bullet points summarizing media law protection for children
5.1 Children in the criminal justice system
Online Links Printed Book
Pages 174 and 175
Crown Prosecution Service – Legal guidance on Reporting Restrictions – Children and Young People as Victims, Witnesses and Defendants
https://www.cps.gov.uk/legal-guidance/reporting-restrictions-children-and-young-people-victims-witnesses-and-defendants
Trinity Mirror & Ors, R (on the application of) v Croydon Crown Court [2008] EWCA Crim 50 (01 February 2008)
http://www.bailii.org/ew/cases/EWCA/Crim/2008/50.html
L and R, R. v [2017] EWCA Crim 2129 (23 November 2017)
http://www.bailii.org/ew/cases/EWCA/Crim/2017/2129.html
Markham & Anor v R (Rev 1) [2017] EWCA Crim 739 (09 June 2017)
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2017/739.html
RXG v Ministry of Justice & Ors [2019] EWHC 2026 (QB) (29 July 2019)
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/QB/2019/2026.html
D & Anor v Persons Unknown [2021] EWHC 157 (QB) (04 February 2021)
https://www.bailii.org/ew/cases/EWHC/QB/2021/157.html
A & B v Persons Unknown [2016] EWHC 3295 (Ch) (19 December 2016)
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2016/3295.html
5.2 Ofcom and UK broadcasting ‘protecting the under-eighteens’
Online Links Printed Book
Page 176
Ofcom Broadcasting Code Section One: Protecting the under-eighteens
https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code/section-one-protecting-under-eighteens
BBC Editorial Guidelines Section 9 Children and Young People as Contributors
https://www.bbc.co.uk/editorialguidelines/guidelines/children-young-people
5.3 High priority for care of children in privacy case law
Online Links Printed Book
Page 177
S (a child), Re [2004] UKHL 47 (28 October 2004) http://www.bailii.org/uk/cases/UKHL/2004/47.html
A Local Authority v W [2005] EWHC 1564 (Fam) (14 July 2005)
http://www.bailii.org/ew/cases/EWHC/Fam/2005/1564.html
Rhodes v OPO & Anor [2015] UKSC 32 (20 May 2015)
http://www.bailii.org/uk/cases/UKSC/2015/32.html
JS (Disposal of Body), Re [2016] EWHC 2859 (Fam) (10 November 2016)
http://www.bailii.org/ew/cases/EWHC/Fam/2016/2859.html
5.4 Independent press regulation – high protection of children
Online Links Printed Book
Page 178
Clauses 6 and 7 of the Editor’s Code- Children and Children in sex cases
https://www.ipso.co.uk/editors-code-of-practice/
IPSO Guide for the public on Journalism and Children’s rights
https://www.ipso.co.uk/media/1967/children-pub-info-v4.pdf
IPSO Guide on sourcing social media
https://www.ipso.co.uk/member-publishers/guidance-for-journalists-and-editors/social-media-guidance/
IPSO Guidance on reporting of sexual offences
https://www.ipso.co.uk/member-publishers/guidance-for-journalists-and-editors/guidance-on-reporting-of-sexual-offences/
IPSO ruling 2015 A man v Wilts & Gloucestershire Standard Decision: Breach – sanction: publication of adjudication
https://www.ipso.co.uk/rulings-and-resolution-statements/ruling/?id=00768-15
5.5 Children and pictures
Online Links Printed Book
Page 179
Broadcast Bulletin Issue number 77 – 29 January 2007, Complaint by Ms V on behalf of her daughter (a Minor) Dispatches, Channel 4, 7 July 2005 at pages 15 to 29
https://www.ofcom.org.uk/__data/assets/pdf_file/0015/45330/issue77.pdf
IPSO ruling 2014 A woman v Derby Telegraph Decision: Breach – sanction: publication of adjudication
https://www.ipso.co.uk/rulings-and-resolution-statements/ruling/?id=01866-14
IPSO ruling 2016 Rooney v Daily Mail Decision: No breach – after investigation
https://www.ipso.co.uk/rulings-and-resolution-statements/ruling/?id=14261-16
5.6 Children and family courts
Online Links Printed Book
Pages 181 and 182
Section 12 Administration of Justice Act 1960 Publication of information relating to proceedings in private
https://www.legislation.gov.uk/ukpga/Eliz2/8-9/65
Section 97 Children Act 1989 Privacy for children involved in certain proceedings: https://www.legislation.gov.uk/ukpga/1989/41/section/97
Section 1 Judicial Proceedings (Restriction on Reports) Act 1926 Restriction on publication of reports of judicial proceedings
https://www.legislation.gov.uk/ukpga/Geo5/16-17/61/section/1
Examples of family court rulings released to the media
Norfolk County Council v Webster & Ors [2006] EWHC 2733 (Fam) (01 November 2006) https://www.bailii.org/ew/cases/EWHC/Fam/2006/2733.html
Re E (Medical treatment: Anorexia) (Rev 1) [2012] EWHC 1639 (COP) (15 June 2012)
https://www.bailii.org/ew/cases/EWHC/COP/2012/1639.html
President of the Family Division: Guidance as to reporting in the Family Courts
https://www.judiciary.uk/wp-content/uploads/2019/10/Presidents-Guidance-reporting-restrictions-Final-Oct-2019-1.pdf
HM Courts and Tribunals Service Jurisdictional guidance to support media access Family courts
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/869798/HMCTS_media_guidance_-_Family_Court_Guide_March_2020.pdf
Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam) (05 August 2020)
https://www.bailii.org/ew/cases/EWHC/Fam/2020/2103.html
Newman v Southampton City Council & Ors (COSTS and PTA) [2020] EWHC 2148 (Fam) (05 August 2020)
https://www.bailii.org/ew/cases/EWHC/Fam/2020/2148.html
Confidence and Confidentiality: Transparency in the Family Courts, October 2021
https://www.judiciary.uk/wp-content/uploads/2021/10/Confidence-and-Confidentiality-Transparency-in-the-Family-Courts-final.pdf
Griffiths v Tickle & Ors [2021] EWCA Civ 1882 (10 December 2021)
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2021/1882.html
Hold The Front Page Jaffa Law Column: New drive to transparency in reporting the Family Court
https://www.holdthefrontpage.co.uk/2022/news/law-column-new-drive-to-transparency-in-reporting-the-family-court/
5.7 Updates and stop press
The Information Commissioner fines the social media platform TikTok 12.7 million pounds 4th April 2023 for misusing children’s data.
The ICO found that more than one million UK children under 13 estimated by the ICO to be on TikTok in 2020, contrary to its terms of service.
Personal data belonging to children under 13 had been used without parental consent and TikTok “did not do enough” to check who was using their platform and take sufficient action to remove the underage children that were. See: https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2023/04/ico-fines-tiktok-127-million-for-misusing-children-s-data/
The initial fine had been set at £27 million. See: https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2022/09/ico-could-impose-multi-million-pound-fine-on-tiktok-for-failing-to-protect-children-s-privacy/ Taking into consideration the representations from TikTok, the regulator decided not to pursue the provisional finding related to the unlawful use of special category data. Special category data includes: ethnic and racial origin, political opinions, religious beliefs, sexual orientation, Trade union membership, genetic and biometric data or health data.
UK data protection law says that organisations that use personal data when offering information society services to children under 13 must have consent from their parents or carers. Companies who breach the UK GDPR and/or the Data Protection Act can be fined up to £17.5 million or 4% of the company’s annual global turnover, whichever is higher.
Information Commissioner, John Edwards said: ‘I’ve been clear that our work to better protect children online involves working with organisations but will also involve enforcement action where necessary. In addition to this, we are currently looking into how over 50 different online services are conforming with the Children’s code and have six ongoing investigations looking into companies providing digital services who haven’t, in our initial view, taken their responsibilities around child safety seriously enough.’ See ICO’s Children’s code at: https://ico.org.uk/childrenscode
This is just one of several setbacks in state regulation of TikTok across the global sphere. See Arab News ‘TikTok hit with UK fine, Australia government ban’ at: https://www.arabnews.com/node/2281316/media Italy’s competition watchdog had opened an investigation into TikTok for failing to enforce its own rules on removing “dangerous content” related to suicide and self-harm.
Australia joined a list of Western nations banning the Chinese-owned apps from government devices. The United States has been urging TikTok to split from its Chinese parent company, Bytedance. See the Guardian’s analysis by Kevin Rawlinson: “How TikTok’s algorithm ‘exploits the vulnerability’ of children.” See: https://www.theguardian.com/technology/2023/apr/04/how-tiktoks-algorithm-exploits-the-vulnerability-of-children
ICO fines TikTok £12.7 million for misusing children’s data
ICO could impose multi-million pound fine on TikTok for failing to protect children’s privacy
ICO Children’s Code for Digital online services
https://ico.org.uk/for-organisations/childrens-code-hub/
Arab News: ‘TikTok hit with UK fine, Australia government ban’
https://www.arabnews.com/node/2281316/media
Guardian’s analysis by Kevin Rawlinson: “How TikTok’s algorithm ‘exploits the vulnerability’ of children.”
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
UK Media Law Pocketbook Second Edition 