Friday 9 May 2014

Innovation in the Magazine Industry: how magazine publications are keeping pace with the evolving world of online platforms

It is a well understood concept that we live in a multimedia universe that is driven by the constant development of technology; in this digital era the magazine industry has had to adapt and evolve to provide consumers with efficient and innovative ways of reading and accessing their chosen medium.   

Over the last few years the advances in technology have had a direct impact on the magazine industry and their constant battle to further develop interesting and ground-breaking ideas in order to keep pace with the ever expanding digital market. From 3D covers and “intelligent photos”, to talking ads, “click to buy” technology and augmented reality, magazine publishers continue on the road to innovation through the evaluation of growing trends and detailing the changes that have taken place in the formatting and marketing of magazines.

In this day and age of data overload it is inexcusable for publishers and editors to not know the analytical behaviour of their consumers, from content to advertising to new products and trends it is key that magazines appeal to what the readers want in order to stay competitive in their market. Consumers will be more inclined to re locate to online platforms as they can now choose what article they want, by which publication and on what device, whether that is a tablet device or smartphone they wish to read it on.

The transgression from print to online tablet subscriptions has been hugely significant in the last few years due to the fact that more and more people own an interactive device that integrates touch-screen technology. As well as being convenient for users who are constantly on the move it is also revolutionary in the way that it has the potential to transform how consumers view magazines.

Publishers have realised that in a society where the majority of reading is transitioning from printed to electronic formats, the potential to increase readership via tablet magazines is a major opportunity. The uniqueness shown in tablets and mobile devices to easily navigate, transport and access information has re-modelled how consumers view media sources online.

As well as online magazines and newspapers that can be accessed via a smartphone or tablet, there has also been an app specifically designed to become your own personal magazine. Flipboard allows users to ‘flip’ through their social networking sites such as Facebook or twitter as well as letting users fill the app with content they want to read whether it’s a blog, audio, video, magazine or newspaper source. Flipboard has from its inception, been a great tribute to the innovation of the  magazine industry as it continues to maximise the strengths of quality design and magazine layout as well as becoming a unique ‘make it your own’ experience for consumers. It is essentially a metaphor for the kind of creative content Flipboard encourages users to build, with the option to create, edit and share your own magazines with other users from the web.

With the ever increasing advances into the online world it begs the question as to whether the print industry will survive. The death of the printed word has been predicted for a while now and there is no doubt that the industry has suffered however publishers are delving into a range of “paper innovations” that explore the use of tactile front covers that strive to give readers a more immersive experience.

A front cover designed by any publication has one sole objective, and that is to grab the consumers’ attention. Whether that is through the colours, headlines, graphics and images used the magazine needs to be aesthetically interesting enough that we the buyer will pick it up and purchase it. Whilst good photography is still one of the most important aspects to produce an effective front cover, publishers are keen to explore and experiment with different ways of making magazine covers stand out.

3D magazine covers and feature articles were the first initial steps into developing the magazine industry to become more exciting and engaging for the reader. Dazed and Confused magazine launched its August 2009 issue complete with 3D glasses which allowed readers to view images of the futuristic and sci-fi clothing collection by Marios Schwab that practically jumped out of the page at them. 

A traditional magazine is rectangular in shape and often A4 in size; it is not designed for quick reading and convenience but for leisure and enjoyment. Various magazine publications such as Cosmopolitan have re-evaluated their dimensions and have created a smaller A3 size magazine that is perfect for fitting into a standard sized handbag. These are only small steps into updating the usability of a standard magazine however Hungarian fashion publication, Lack has pushed the boundaries of creativity by designing a magazine to look like a handbag, complete with handle.  

This progressive cover concept has not only rejuvenated the standard image surrounding fashion magazines but has also created a solution to how women are often inconvenienced when trying to juggle their magazines when out and about. Women are more likely to buy a magazine that enables them to operate in a quicker and more convenient way as well as being able to read their magazine when and where they want too.  This unique idea is genius in so many ways; aesthetically it is minimal, modern and edgy yet it is highly practical for readers on the move as well as becoming a live walking advertisement for Lack publication.

In a similar attempt the  June 2011 edition, Esquire Spain took its consumers senses to a whole new level, not only creating a visually appealing cover of Chef Ferren Adrià but a “scratch and sniff” logo that transported its readers to restaurant El Bulli in Roses, Spain. This playful and somewhat childish concept allowed readers to inhale a combination of the ocean as well as the eucalyptus and pine trees found in the bay of Cala Montjoi where the famous restaurant is based. This innovative idea gave readers a fun and unique experience that was also memorable not only to the reader but to Esquire and feature profile Chef Adrià, as well as creating a distinct connection between publication and consumer.

In this day and age it is normal to see the majority of the younger generation constantly attached to their smart phone or tablet as if it were a lifeline. Users are more likely to pull out their mobile device and use online media or social platforms to access news stories or articles rather than flick through a magazine laid out on a coffee table. This adopted attitude has left publishers no choice but to incorporate the use of smart phones with magazines, commencing the birth of QR codes, augmented reality and the development of digital space. 

QR codes, otherwise known as quick response codes are icons that users can scan via an app on their smartphone or tablet to view a video, often an advertisement or campaign in an attempt to bring print to life. QR codes burst into the digital sphere as an innovative way of advertisement and as a clever way of bringing attention to certain campaigns however they are now in their third generation of life which means they can include video or GIF-style animation.

The progression from QR codes to AR, more commonly known as augmented reality is another step in keeping the print industry alive with the purpose of streaming videos via a smartphone on each page of a magazine. Weekly ‘celeb gossip’ magazine Heat has teamed up with Engine Creative, a company specialising in AR who were given the task of bringing excitement and innovation to the magazine whilst maintaining its quirky and witty brand style. Working alongside the Heat editorial team Engine Creative have produced exclusive augmented content for readers to access via their smartphone or tablet. The creation and development of the ‘heat extra’ app has allowed users to unlock an interactive and engaging reading experience. The first augmented edition of Heat magazine featured a twelve page entertainment special with AR content including an insight into celeb David Walliams as well as evolving a ‘scan it!’ feature that allows users to engage with new heat content and participate in competitions.

Unsurprisingly AR is now looking outdated compared to the development and progression of Digital space. Using an app, digital space allows users to scan featured items in a magazine to see how much they cost and where they can be bought from. Editors and publishers are particularly keen to incorporate this technology within their magazines as it makes readers spend more time on each page as well as being able to monitor what each reader interacts with and efficiently keep track of the content readers are most interested in.


The question left unanswered is whether the magazine industry can continue to create new and exciting ideas to keep pace with the ever advancing technology that threatens to dominate the printed word. Whilst smartphones and tablets are very much the rising stars of this digital era they are not infallible and in this competitive market magazine publications need to be innovative so they are not left behind, become out of date and eventually expire. 
Confessional Interview: Gabi Cox, living with Crohn's disease

Six years ago Gabi was diagnosed with the inflammatory bowel condition Crohn’s disease, since then she’s been on an emotional journey learning to live with the symptoms, medication and the surgery carried out to fit an ileostomy bag.

I was sixteen and it was around June time and I thought it was just a nervous stomach so I didn't go to the doctor or anything, I thought it was just a bug. Then when I went to the doctor they told me ‘oh no it’s nothing, there’s nothing wrong with you’ so they sent me away.

I was having all sorts of symptoms, the main ones being stomach cramps, a loss of appetite and a funny tummy that kept getting worse and worse. My doctor did a blood test to rule out any food intolerances like wheat or dairy so I had the test and the results showed that there was something wrong, my inflammatory markers were up which meant there was inflammation in my body somewhere.

I was then booked in for a colonoscopy which is where they put a tube into your body with a camera so they can have a look and see what’s going on so they put me to sleep. I was knocked out and I was so ill I really didn't care; I was just lying there feeling horrendous.  I was asleep so it was fine but apparently they said straight away, it took them less than thirty seconds to diagnose me with Crohn's disease.

Attributed to Gabi Cox
At first I felt relieved to finally have a diagnosis but when I was put on various medications and steroids the stress of that and being on the steroids made all my hair fall out at the front. I've been on steroids four times and now I refuse to go on them because I hate them, the first time I put on two stone in weight and my face swelled up and I felt an absolute mess.

My first year at university I wasn't ill at all and then in my second year, which was last year was when I was really, really ill and ended up in hospital. It was the start of the year when everything started going downhill, I got arthritis in my knee and my wrist which can happen if you have inflammation in the stomach as other parts of you can get inflamed but it was mainly my joints which completely seized up and I couldn't walk so I had to use a wheelchair. 

Attributed to Gabi Cox
The first day my doctor got back my mum wheeled me in to the surgery; my doctor took one look at me and was like ‘you've got to come into hospital immediately’.
I had infected arthritis which meant there was an infection in my knee which is why I felt so ill, I had an extremely high temperature and I was so weak as my body was trying to deal with all of this as well as the normal Crohn's symptoms. It was really scary because my doctor said to me if I had waited another day I might have gone into sceptic shock which meant going in to intensive care. Afterwards I had to have physio to get the strength back in my knee as it was so weak from the infection.

It all got ten times worse than that in April last year; I was doing work either from home or from the hospital depending on where I was. I had to inject myself and take tablets every day just to try and control the Crohn's but then my symptoms started flaring up again. The doctors told me that none of the medication was working, but the problem was that they had actually run out of medication to give me.

So on June 6th, last year, at Oxford hospital I had an ileostomy bag fitted, I went in on the Monday to discuss with the consultant what was going to happen and the consultant was like ‘yep you've got to have the ileostomy, this is a really severe case’.

I was told two months before I had the ileostomy surgery that this was the only option I had left; it’s weird because my first reaction was that I laughed! Whether it was out of shock or disbelief I don’t know but my doctor was really worried because it wasn't a normal reaction so they had to refer me to IBD (irritable bowel disease) counselling to discuss the fact that I clearly wasn't dealing with the situation.

I had the surgery on the Thursday morning, it was surreal because I found out I was having the surgery on one Monday and then a week later id been in, had the surgery and was going home the following Monday, it was literally the quickest thing. I don’t think I really got my head round it, I remember I think I cried for the first time about having it on Tuesday night at around two in the morning and I woke up and was like ‘oh my god, this is really major stuff.’ I remember I kept looking at my stomach and I even took photos of it because I knew it would never look the same again.

When I woke up I refused to look for at least twenty four hours because I was so scared, I never thought I would be because I've seen photos and I'm not squeamish at all so I wasn't that bothered, I was more fascinated! Obviously I saw it for the first time when the nurses had to check everything was functioning and it really wasn't as bad as I thought it was going to be.

It was weird when I woke up because the bag had already been named which took my mind off of the pain. It was called Margaret because when I used to get in a strop my ex-boyfriend would call me that, I have no idea why but it just stuck so that’s what it ended up being called, although I completely forgot that my consultants name is Margaret as well.

Attributed to Gabi Cox
Now I have a bag with a cover on it so I can’t see anything, which is better because when you’re getting changed at friend’s houses and when I was with my boyfriend you don’t want to have this clear bag that everyone can look into, it’s not anything any one wants to see. Some of my family and close friends have seen it but I don’t make a habit of going round showing everyone. I mean if someone asked me to see it I would show them and when there’s a cover on the bag that doesn't bother me at all. I mean it’s still a level of privacy; you wouldn't go around getting naked would you?

It’s weird because when I was told I had the slimmest chance of having it reversed I was okay with it but that’s before I had it and now I've got it I would love for it to be reversed. It’s the first summer with Margaret and all of my friends are going off travelling but I could never go and be like ‘oh I'm off travelling for a month’ because of all the crap I’d have to take with me. I can’t eat certain things either so I couldn't go to Thailand and eat whatever I wanted because there’s certain things I'm not allowed so it definitely restricts you in that way.

Attributed to Gabi Cox
I'm staying positive though because my consultant has said that in a year they might consider reversing it. They’ll have to do loads more tests to see if that’s possible so about a year from now they’ll re-evaluate and hopefully I won’t have to have Margaret, I’d rather have the scar!

Crohn's is a tricky one, I think if you’re okay to talk about it and you don’t make it awkward then no one else is awkward around you with it. If you just tell everyone and you’re open about it then no one actually cares that much and no one is like ‘oh yeah that’s the girl with Crohn's’ no one actually thinks anything of it whereas if you keep it a secret it makes your life so much more stressful, like unnecessarily stressful and it honestly doesn't need to be that bad!

Since doing my blog I think people are more aware and through the blog I did an interview with radio Berkshire that went out to a lot more people. It just gets people talking about it more, I mean I'm not embarrassed at all and I don’t want people to be wondering ‘what is Crohn's? What’s it all about?’ and not want to ask me. I’d rather people ask me then talk behind my back and not understand it properly or be told something that’s not true In some ways it’s made me less self-conscious which is weird but Margaret’s is now a part of me and I've adapted to having her.

Attributed to Gabi Cox 
Gabi Cox, 22, Newbury
As told to Emma Jefferies



Feature Interview: Liz Boulter

From studying a degree in languages to working in insurance, starting her journalism career as a trade magazine reporter and then progressing to the business section of The Observer, I had lunch with Liz Boulter to find out what it entails to get to the position she has achieved as a travel writer and sub-editor for the Guardian.

Sat in the corner of a bustling London Café, a mere fifty metres from the towering head offices of The Guardian I wait apprehensively for Liz to join me at our table. The lively sound of conversation and the clash of cutlery fill the air as I observe the hectic lunchtime rush, an insight into the working day of employees situated on York Way, Kings Cross.

I find Liz to be at ease when she sits down opposite me, confessing that her path to where she is now was not at all planned, ‘I did a language degree, not a journalism one. I just wanted to come to London so I got a job working in insurance in the city which as you can imagine is deadly boring.’

After four years of tolerating the insurance industry Liz eventually left and began working for a trade magazine, ‘it doesn't exist any more, it was called Solid Fuel, but it was brilliant because there was only two of us, me and the editor so we did a bit of everything, the layout, took our own photographs and went out to do our own interviews.’

She explains to me how the experience taken from working in such a niche market gave her the skills she needed to advance in her career, ‘I began working at the Observer on the business section because I've been in trade mags so it made sense for me to go into the business side of things’ which leaves me asking the question as to how she ended up being the sub-editor of the travel section, ‘I just fell into it really, it was just around the time when the budgets really started to be cut and it was the travel insurers who didn't have enough money to pay a load of people to fill up the travel section, I remember my boss just started asking people if we wanted to do anything in particular and that’s where travel writing began for me!’

Liz explains to me that for people to read your work ‘you must have an angle’ it has to be interesting, different and creative with ‘a bit of personality in it’ so readers wont flick over the page to a different article or story. Modestly she adds ‘I'm not kidding myself people don’t regularly read or recognise my style or anything like that but I think it needs an edge otherwise it can just read like a guidebook or something!’

Liz is no stranger to negative comments, working in the field of journalism you learn to have a thick skin but I wanted to know how she dealt with this aspect on a personal level, ‘Oh I don’t let it bother me, I just let it slide, I'm quite surprised at myself because I am sort of insecure and a bit pathetic sometimes but you just think that those people who are trolling online need to get a life. You just have to think whose reactions you care about, and really ignore the rest. People very rarely read something again; they think ‘oh that was good’ and move on to the next thing.’

After building up a reputable range of articles I can see the nostalgia appear on Liz’s face as I begin asking her about her trips, watching her re-live those memories made me only more curious to find out what it entails to be a travel writer. ‘Being the Guardian the sort of things you need are the authenticity, the traditional values and the community involvement rather than the cruising or golf and we rarely do luxury hotels unless there’s some other reason for doing it. We aim for more budget level travelling as well because we are obviously aimed at a certain readership’.

Attributed to Liz Boulter 
I find it refreshing on how Liz approaches her articles and what she determines will engage the readers interest, ‘You have to go and see the sights, you have to do those things as they are great to see but I find it just as interesting to walk down the streets and look at people’s houses, local markets and peoples everyday living, stuff like that. Its finding things that people haven’t experienced before’

As well as enlightening her readers, Liz herself has had her fair share of new experiences travelling to places such as Asia which she admits ‘ I don’t think I’d ever have gone to otherwise, but contrary to my initial perception I thought it was wonderful and I've absolutely fallen in love with South East Asia, I've been back three times!’ I ask Liz about her favourite trip and I can see her reminiscing over Asia once more ‘I would have to say Thailand was the best as id never been to Asia before then so I had no idea what to expect, we went to Bangkok and then went to the north where we stayed in the tribes lodges which was an amazing experience in itself.’

Attributed to Liz Boulter
Liz kayaking at Funaura Bay
Along with the good experiences, you also get the more challenging as Liz began to describe her memorable trip to Cuba ‘You read about the green eco-tourism and places but I've never stayed anywhere quite as basic as this as obviously a lot of Cuba is very poor and undeveloped.  I remember having to go up to what had previously been a farm, up in the mountains which is now run by the government and was mostly done by the state so there were no luxuries at all, there was no hot water, there was a bit of running water but it was cold, there might have been some electricity if you were lucky and there were just a load of mattresses you could sling out on the veranda and that was your bed for the night. It definitely was the experience I went for.’

Attributed to Liz Boulter

I asked Liz what her favourite piece she had written was to which she paused, clearly deep in thought, this question deserved a well refined answer ‘Definitely the Vietnam piece, I loved doing it and that got a lot of comments, you know I was doing it for the trade craft and they were extremely pleased with it so that was very gratifying. They also had it framed and it’s now up in their offices in the trade craft headquarters in the north east, so that is probably my favourite.’

It is obvious to me that travel writing is Liz’s passion and that she thrives off of feature writing and editing but I'm keen to know if she would ever consider moving to another position or publication,  ‘travel writing is what I know and it’s what I enjoy so probably not at this stage. I'm a sub editor most of the time and I do maybe four or five trips a year but you would have to be very, very skilled to make a living just from travel writing, you’d have to be able to go to say Thailand and in your fortnight there be writing for at least four different publications’. 

Working at the Guardian would be an aspiring journalist’s dream opportunity but what I wanted to know from Liz is what you can expect when working for such a huge publication, ‘Yes it can seem very, very big, it’s a huge organisation and you can feel a bit invisible within in but also mainly it’s just quite nice if you’re at a party and someone says oh what do you do and you say you work at the Guardian it’s just quite a nice thing to be able to say really, so I do get a bit of a kick out of that. It helps that people are pretty friendly and inclusive here. It does mean once you’re within a big organisation when you've got your foot in the door, you’re pretty much set’


So, the much anticipated question from a budding journalist: how do you get into the industry? ‘Just try and find some way of getting into an organisation really, it was different in the 80’s where you could open the guardian and see lists of editorial assistant jobs. I would recommend going through the website as it is quite labour intensive and the Guardian will take on quite a few young people. You have to be passionate and also prepared to put the time and work into achieving what you want. I mean there’s someone working on travel who works two days a week at the moment who came in through doing stuff for the website, it can happen for you if you put in what you want to get out.’

Wednesday 19 March 2014

Media Law & Ethics - Lecture 9, 12/03/14

Media Law Revision session;

Before starting work as a journalist you must have a firm understanding of the key parts of media law which you must know to operate safely.
You do not want to risk your own career or bring costly litigation upon your employer.

The legal framework in the UK;

Hierarchy of courts, the structure represents a pyramid with the Supreme Court at the top. Underneath the Supreme Court is the court of appeal that deals with both criminal and civil law.
  •  Split into two divisions; criminal and civil.
  • Civil division focuses on family law and contractual disputes between people and organisations. Heard in a County Court. Often judged on the balance of probabilities.
  • Criminal division focuses on state offences: murder, burglary, fraud. Often judged on the court standard beyond reasonable doubt.
  • Criminal law and civil law – what’s the difference?
  • Need to know where the cases are going to be heard therefore you need to know what all the courts are…


Who brings the decisions?
  • The CPS, crown prosecution service is headed by the DPP, director of public prosecutions who is Alison Saunders. The David Lee Travis trial had to go back to the DPP and Alison Saunders had to personally decide what to do; she opted to press ahead with the trial. She is a regarded as a high profile media figure as she has to to explain why or why not she is taking the person to trial.
  • Ministry of Justice – Chris Grayling is overseeing administration of the courts.
  • The other law officer in government; The Attorney General. Their function is to make sure the ministers of government are legally correct when acting. The Attorney General is always an MP, at the moment it is Dominic Grieve. 
Sources of law; 
  • The statute law which originates from parliament
  • Judicial law also known as case law
  • Common law dating from the middle ages
  • The body of European law; which particularly focuses on commercial matters about how trade should be carried out in Europe and the UK.
Potential questions;

·         What’s the highest court in the UK? Where does it sit? How many justices?
The Supreme Court located in central London, Middlesex Guild Hall on one side of Parliament Square. There are twelve justices in total.

·         Three functions of the Crown court?
- Indictable offences are tried at a Crown Court; these are serious crimes where sentencing is longer than five years.
- Hear appeals from Magistrates courts
- Sentencing


Reporting Crime and the Courts;

Key concepts to understand are PREJUDICE and CONTEMPT.
These are the danger areas, why is this?

Prejudice – where the publication of certain information will make it difficult for an accused person to be treated fairly at trial i.e. the jury already knows background facts about the defendant.

Contempt – where information is published in breach of the rules on crime or court reporting, this can result in a high risk of prejudicing legal proceedings.

When does a case become legally active?

  • When the person is charged
  • When an arrest warrant has been issued
  • When an arrest has been made
  • When a summons has been issued

As a journalist reporting on a case you must construct a plan B if the charges or an arrest is imminent. You must prepare a new script that does not include any details that could potentially damage the legalities of the case. Discuss with your lawyer what to keep and what to take out in your script/report as you always need to be one step ahead.

Stage 1 - The crime is reported, the police begin appeal for witnesses

Stage 2 - Police make an arrest, issue a warrant or say a person is ‘helping with inquiries’ this is when the case becomes legally active. There is a risk of prejudice so take advice before publishing all facts, especially any descriptions of subjects.

Stage 3 – Police lay charges meaning a trial is a definite prospect. You can only report the facts which you will be certain will be uncontested. Other aspects such as community ‘colour’ angles can be reported e.g. shock, distress, laying flowers.

Stage 4 – Magistrates court hearing, this is restricted to seven points only;

-          Name of defendants, ages, addresses, occupations
-          Charges faced or a close summary
-          Name of court and magistrates names
-          Names of solicitors or barristers present
-          Date and place to where case is adjourned too
-          Bail (only whether granted or not) and bail arrangements
-          Whether legal aid was granted

Types of offence;

·         Indictable
·         Either way
·         Summary


Magistrate’s courts; potential questions

What is the maximum sentence a magistrate can impose?
·  Six months

What is meant by a conditional discharge?
·         If you walk free today then you cannot commit another crime again. This differs from a suspended sentence as this is linked to a timeframe. It is a way of keeping people out of jail. Judges are encouraged to use suspended sentences due to the prisons already being full.

What is the purpose of a section 49 order?
·         Giving anonymity to under 18s in youth courts.

What is the purpose of a section 39 order?
·         Giving anonymity to under 18s in adult courts.

What do we mean by jigsaw identification?
· The innocent reader on the bus may be able to deduce who the publications/press is talking about when reporting on a trial.

Crown courts;

  • If the jury is not present proceedings should not be reported.
  • Reporters in covering court proceedings enjoy ABSOLUTE PRIVILEGE – ‘a complete defence against any action for defamation’
  • But it depends on the report being ‘fair, accurate and contemporaneous (fast)’
  • Defamatory shouts from the public gallery are not privileged.


The protection we have as a journalist when reporting from court is absolute privilege, if you are not reporting accurately you will lose your absolute privilege.

·         What is required of your court report for it to attract absolute privilege?
·         In this context explain what is meant by ‘fair’?
·         During a murder trial a family member shouts at the defendant from the public gallery. “You lying bastard – you killed our boy” Is that safe to report?

Libel and defamation;

Libel is a civil wrong resulting from a published defamatory statement which identifies a person or company. A defamatory statement can cause individuals or an organisation to be;

  • Lowered in the mind of right thinking members of the public
  • Causes them to be shunned or avoided
  • Damages their reputation, disparages them in their business, trade, office or profession.
  • Exposes someone to hatred, ridicule or contempt


Publication + Identification + Defamation = Libel

This is a low standard of proof.

Beware inference (secondary meaning) and innuendo (possible defamatory suggestion). 

In broadcast be careful of picture libel, careless use of inaccurate shots that are out of context with your voice over or script, for example if you are talking about fraud and have shots of shop signs and businesses that have nothing to do with the report can cause huge libel problems.

The New Act of Libel;

The defences of libel; It has to be proved that it has caused you or your company serious harm, this is one of the new thresholds as it has to have affected your lifestyle either through loss of trade or income.

Truth or at least substantial truth.

Honest opinion – The statement must be clearly an honestly-held opinion based upon a fact or facts which existed at the time of the statement, it no longer had to be a matter of public interest but as before there must be no malice.

Publication on matters of public interest;

This new section enshrines principles behind previous judgements. If material is published because 'it is reasonably believed' to be in the public's interest i.e. of value for the public to know. 

Website defence and peer reviewed journals. 

Qualified privilege – The defamation took place in a situation where QP applies e.g. council meeting, police statement, press conference.

Potential questions;

How would you define libel?
How do we know when a statement is defamatory? (four tests used by judges)
What particular danger is there of libel for TV journalists?
What the three major libel defences?
Something regarding the McAlpine affair

Qualified privilege;
  • Privilege offers day to day protection for many routine journalistic activities. E.g. reporting public meetings, council hearings, press conferences and police statements.
  •  Allows journalists to write or broadcast material which may be defamatory or untrue. We have legal protection from being sued as long as reports are ‘fair, accurate and with malice’ (intent to harm) and are a matter of public concern.
  • Remember there are two levels of Qualified Privilege – with and without explanation and contradiction. 
  • An example of qualified privilege without explanation or contradiction would be proceedings of a legislature anywhere in the world.
  • Comments outside the public meeting do not attract qualified privilege. 

Copy right;

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film or record literary, artistic or musical material, and to authorize others to do the same.

Purpose is to protect intellectual property - the product of skill, creativity and labour of time. Journalism as a business could not exist without it but undeveloped ideas, brief slogans or catchphrases are not protected. 

Ignorance is no defence. 

'Fair dealings' allows other media outlets to lift journalistic material but 
  • Work cannot be passed off as your own
  • Usage must be fair - not greater than originator
  • Material must be in the public interest
You cannot fair deal photographs or in normal circumstances TV news pictures. You must always attribute to the creator. 
Internet material is still subject to copyright. 


Possible questions;

·         What is the purpose of copyright law?
·         You use a photo off of the internet, is it free of copyright?
·         Why is the principle of fair dealing important and what are its limitations?


Confidentiality; breach of confidence

Law of confidence safeguards information obtained in confidential circumstances e.g. between private individuals or between a company and its employees. 

For journalists there are three areas of concern;

  1. Revealing state secrets or 'official' secrets
  2. Revealing commercial secrets
  3. Revealing facts about a person they would have expected to remain private
The Official Secrets Act protects state secrets (military or intelligence matters) Beware of inadvertent breach by publishing photos of sensitive military installations. Breaches are a criminal offence.

But the act is rarely used as juries have been reluctant to convict 'whistleblowers' (Clive Ponting) or others who can be 'victims' of the state. 

Commercial confidentiality is normally protected by the contract of employment. Staff will not do things detrimental to their employers interests e.g. reveal finance information helpful to competitors. 

But this interest must always be balanced against the public interest which might dictate that publication is desirable. E.g. the 1985 case which ruled that it was in the public's interest to reveal that a police breathalyser did not work. 

Personal confidences or privacy; now also protected under Article 8 of the European Convention on Human Rights. 


Elements of breach of confidence; (page 297)

  •  Information must have ‘quality of confidence i.e. not trivial
  • Circumstances must impose an ‘obligation of confidence’
  • Unauthorised use of the information must cause ‘detriment’
  • Personal confidences or privacy – now also protected under Article 8 of European Convention on Human Rights. (Privacy page 307)


Breach of confidence and the journalist’s dilemma;

Journalists must decide when newsworthy confidential information is uncovered to either;

  • Risk an injunction (legal stop) by seeking a response to an allegation OR
  • Publish material and take the risk of legal action for breach of confidentiality.


Case studies;
  • Max Mosley VS The News of the World. In 2008 the paper printed the story of Mosley's sado – masochistic orgy with five women saying it had a Nazi theme. But the high court ruled that there was no public interest in revealing the activities so Mosely had a right of privacy and damages were awarded. 
  • Naomi Campbell VS The Mirror Group. In 2004 The Mirror had published photographs of Campbell leaving a meeting of Narcotics Anonymous and reported her therapy for drug addiction. The House of Lords ruled there was a breach of confidence and that she could have expected privacy. 


The PCC, OFCOM and BBC Guidelines;

  • Covers journalistic behaviour in getting a story, what is justified and what is not. E.g. secret recording. 
  • Under OFCOM rules there is an absolute requirement for accuracy and impartiality. 
  • Press Complaints Commission discredited post-Levenson, the next move is unclear. 
  • BBC Editorial Guidelines are also designed as a system of self regulation. 
  • OCOM code has STATUTORY power. OFCOM can impose large fines and remove broadcast licenses. 
  • Examples include the fines on BBC for the Sachsgate scandal, £400,000 for fake phone ins and ITV's Ant and Dec who were fined £5.6 million for abusing phone-in votes to make money. 
Potential questions;


·         What bodies are responsible for regulating the professional conduct of journalism?
·         Which body has the most power and why?
·         Define impartiality.


Reporting elections;

Remember journalistic obligations for accuracy and impartiality is greater than ever at election time - our reporting will assist the democratic process to allow voters to make choices.

Key danger areas for journalists;
  • False statements about candidates
  • Maintaining impartiality
  •  Reporting election polls

  • Remember broadcasters are obliged to maintain strict impartiality. This is done by assessing coverage daily and over several days. Also by keeping a log.
  • Major party candidates and minor party or fringe candidates do not have to be treated equally. 
  • It is an offence to refer to exit polls (about how real votes were cast) until close of polling. 
  • No coverage of political issues or argument on polling day itself. 

     Possible questions;

Why is accuracy and impartiality especially important at election times?
What are the danger areas for journalists during campaign reporting?
Must all candidates standing in a constituency be covered equally?
On polling day when can we start reposting exit polls? 
On polling day a candidate makes a final plea to voters - can we report this?

      
     The public interest - defining it;

  • Where it is to the advantage of the public to know certain information: e.g. that there has been a case of bird or swine flu in Winchester. Shopkeepers in the town will not like the loss of visitors, but it is clearly in the interest of residents to know so they may take precautions.

Wednesday 12 March 2014

Magazine Journalism - Lecture 9, 10/03/14

Assessment requirements;

1.      Confessional Interview – this can be submitted as a video interview of between three and ten minutes; or as a written article of 1500 words in total with or without photos. You must research and set up interview yourself, carrying out the interview, write and/or edit the interview and post it on your blog and/or on YouTube. Deadline MONDAY 12th MAY 9AM. This work constitutes 35% of the credit available for this module.

  • Need to get clean ‘in’s’ from your interviewee.
  • Good example of a confessional interview is Tom Morgan’s interview with Paul Blackman.
  • Must make sure to get all the emotion when videoing
  • Close ups of facial expressions
  • Clear in’s and out’s – this will make it easier to edit when videoing.
  •  Get an emotive response (don’t tell people what it is)

      Interview with an editor or senior journalist – This is a second interview which can be used both as a piece of journalist, but more importantly will enable you to make contact with an editor or senior journalist with a view to furthering your contacts at a senior level in the industry. This interview can conform to either the confessional generic type or the feature interview. It can be produced as a video of between three and ten minutes; or as a written article with or without photos of 1500 words. Deadline MONDAY 12TH MAY 9AM. This work constitutes 35% of the credit available for this module.

  • Talk about their role within the job
  • Flattery is key, it will encourage them to respond to you
  • Good example is Luke Garret’s interview with The Independent.
  • Use it as an opportunity
  • Interview an editor in a particular field you are interested in.


Write a 1500 word news feature on the direction being taken by the magazine industry as a whole, dealing with some specific aspects of innovation on a particular aspect of innovation or marketing strategy of a particular magazine or magazine publisher. The aim will be to publish the article on Journalism Now. Deadline MONDAY 12TH MAY 9AM. This work constitutes 30% of the credit available for this module.

·         The transgression from print to online platforms – more interactive mediums
·         iPhone reporting
·         Websites with innovative aspects
·         Geo locations and reporting

Media Law & Ethics - Lecture 8, 05/03/14

Reporting elections;

 “The law is the representation of the people”

Why as a journalist is it so important to report elections?

It is our duty and responsibility to raise awareness for the public. Voters get their information from journalists writing and broadcasting about the election. The electoral process runs on journalism as the build-up to the election is hyped up by the press.

The hard truths of reporting on an election;
  • Citizens base choices on your reporting
  • Accuracy and impartiality even more vital
  • Politicians love to shoot the messenger
  • Campaign language is often ‘heated'


To keep debate down you throttle the press, this is more common in less economically developed countries where dictation is rife, however in Britain and other more economically developed countries it is the opposite. The subject of elections is becoming more relevant as the European election comments later this year on the 22nd May.

There are certain rules on how to report an election; these rules are in place to differentiate between broadcasters and print journalists. OFCOM and the BBC guidelines are to be adhered to by broadcasters which state that as a broadcaster you cannot be biased, you must be impartial. Newspapers however can be one sided and are free to write partially.

Cases;

Former labour minister and MP for Oldham East Phil Woolas, was found to have breached the representation of the People Act 1983 in the course of the 2010 election. He breached the primary rule as he made false statements about other candidates, implicating that the lib-dem party candidate had ‘wooed’ Islamic extremists. He was ejected from his seat in parliament following this.

Miranda Grell was accused of slandering gay lib-dem candidate Barry Smith calling him a ‘paedophile’ and stating that he ‘had sex with teenage boys’ whilst she was campaigning for the Leyton Ward in Waltham Forest.

Voting;

When the campaigning takes place, the public are encouraged to vote for the party they wish to win, this is done through poll votes, however not all polls are the same. Some are extremely reliable but others are distinctly dodgy, they can be subject to margins of error and elements such as where the poll took place and how big the poll actually is which can affect the overall votes.

Opinion polls;

When the campaigning takes place the opinion polls will begin. You will conduct your own opinion poll however it is important to remember that;

  • Not all opinion polls are reliable
  • In your report you will have to frame an angle such as ‘you were just getting a sense of what people were thinking/feeling about the election’
  • The sample needs to be fair; this includes age, range, position etc.
  • Need to be able to give context


Exit polls;

An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voters plan to vote for or some other similar formulation, an exit poll asks whom the voter actually voted for. You cannot broadcast the exit poll until the voting for the election has finished.

Coverage;

As a journalist covering the campaigns you will be able to create your complete package report each night by reporting on what the parties have been doing during the day. The time devoted to the major party will need to be the same as the minor parties in order for you to come across as impartial in your report. It is essential to keep an accurate log of party coverage so you know that you have given each party the same amount of time.

Other kinds of reporting could be a discussion show which would consist of a panel of three to four guests to create a debate like report. It is important to question whether the panel will be compliant to what the editorial directors will want. Making up the panel needs to be well constructed and thought out. It needs to be demographically varied so support is shown across all parties in order to get a credible and fair debate.

As a journalist, you will be reporting on the elections and it is important to cover the different aspects, these will include the debates, leaders visiting, campaigns, polls, and profiles of the different campaigners that are situated in the safe seats. You will want to reflect the reality of the election so if you know a particular party isn’t going to do that well you do not have to feel obliged to give them the same amount of coverage time as the other parties, you can just briefly acknowledge them on the report. Due to editorial reasons such as tactical voting you may want to give that party accused more coverage time as it is in the public’s interest.  

Summary;
  • Get to know election procedures
  •  Learn to judge the differences between election ‘banter’ and ‘false statements’
  • Remain impartial.