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SELF SERVING EXPERT - BRITISH JOURNALIST

Data: 2011-02-08 07:25:03
Autor: ,
SELF SERVING EXPERT - BRITISH JOURNALIST
SELF SERVING EXPERT - BRITISH JOURNALIST ( innymi slowy - sam sobie
sedzia; sam zeznaje dla sie i juz; sam jest, jak mawiaja w USA, "Judge
and Jury'.)

                   Below from blogger - hard to say whose; knows the
market somewhat and somewhat from British perspective; we are waking
up - they lie and smear, issue not conceivaable 20 years ago in USA;
now washing of more and more. HOW MANY VICTIMS OUT THERE?


      "British Journalism: some views from the States

 In the continuing debate about libel reform there has been
substantial reliance on the legal approach in America, where the First
Amendment normally trumps other rights and interests. Since the
decision in New York Times v Sullivan public figures cannot sue for
defamation unless they can establish malice.
Inforrm has approached leading American journalists for their views on
the British Press and the differences in between journalism in the
United States and journalism in the UK . There are only a few national
papers, the New York Times (circulation about 1 million) , the Wall
Street Journal (circulation about 2.1 million copies , including
400,000 online paid subscriptions) Washington Post (circulation about
580,000) and USA Today (circulation about 1.9 million). The Washington
Post reports more local news and is also focused on Government issues.
All national papers have some staff foreign correspondents but these
are less than before because of falling revenue. They also use
stringers abroad.

The Chicago Tribune, The Boston Globe, LA Times and the Baltimore Sun
are the other major local newspapers. They have Washington Bureaus and
some foreign correspondents but less foreign correspondents than a few
years ago. There are also the Miami Herald and the St Petersburg Times
and there are numerous other local newspapers. In contrast to the UK
there is only a limited tabloid market in the US. The National
Enquirer magazine is the most “tabloid” outlet in the US, and it was
recently nominated for a Pulitzer Prize for its reporting on the
Senator John Edwards affair. The nomination was controversial and it
did not win the Prize. The New York Post is also tabloid but mild in
comparison to the British press. There is also a few other tabloid
magazines such as Star magazine , OK! (US), People magazine and US
magazine which focus on celebrities.

There was consensus among the American Journalists that we spoke to
that there are number of fundamental ethical rules and methods of
American journalism which are very different from the approach
followed by the majority of the British Press (particularly the
tabloid press).

First Rule – Don’t pay for the story:  The US newspapers do not pay
for stories. One reason they do not pay for stories is that if payment
is offered then the person tends to provide the story that they think
the journalists want. Also the payment and the newspapers then becomes
part of the story. US newspapers would not have paid the reported
£300,000 that the Telegraph paid for the data on the Members of
Parliament. They would also not pay for kiss and tell stories for two
reasons. They do not pay for stories and they are generally reluctant
to run article about peoples private lives. It appears that the
National Enquirer does pay for stories.

Second Rule – Don’t reveal sources: Like in the UK US journalists do
not reveal their sources. However the US Courts appear more willing to
order source disclosure and over the last few dacades a substantial
number of US journalists over the past decades have been imprisoned
for refusing to hand over notes or for refusing to reveal sources. Eg
Judith Miller of the New York Times. In July 2005, Miller was jailed
for contempt of court for refusing to testify before a federal grand
jury investigating a leak naming Valerie Plame as a covert CIA agent.
Plame’s CIA identity was divulged publicly in a column by conservative
political commentator Robert Novak on July 14, 2003. The First
Amendment Center has a detailed discussion about US source disclosure
cases including the Judith Miller case here.

Third Rule – Don’t lie or use deception to get a story: In the US
journalist believe that they should not lie or deceive in order to get
a story. They don’t engage in stings or entrapment. Such tactics are
unethical. Stings involve deception and the journalist becoming part
of the story. If you entrap someone you would not know whether the
target would do the actions but for the entrapment.

Fourth Rule- Don’t cooperate with the Police: US journalists don’t
cooperate with the police. If the police want to see the journalist
notes the journalist will refuse to hand over the notes but this may
well result in journalist /paper publishing all the notes in an
article to prevent a court ordering the journalists to hand over the
notes.

Fifth rule- Prior Notification: Always seek the comment from the
target and it should generally go high up in the article – something
like the third paragraph. The response should not be buried at the
bottom of the article. Obviously if the target refuses to give a
response then at least they have been given an opportunity. Another
fundamental difference between the US and the UK concerns sex stories.
In general, US Journalists are very reluctant to cover sex stories
unless there is hypocrisy by a politician and it is a newsworthy
story.

The US view of the UK press

US newspapers journalists don’t do stings, entrapments, payments to
sources, kiss and tells, and find the obsession of the UK press with
sex stories difficult to comprehend. They think that this is perhaps a
basic cultural difference.There is a much stronger and more powerful
tabloid tradition in the UK, which would not succeed in the US because
it is different culture. The UK press sometimes appear to act as
reporters, police judge and Jury whereas the US reporter is trying to
be a neutral observer, trying not to affect the story or be part of
the story.

One US journalist said to us that the difference between US and the UK
is that in the US , you never let the story get in the way of the
facts whereas in the UK the opposite was true. The US journalists
referred to the notorious case of Jason Blair who worked for the New
York Times as a journalist but was later exposed as a plagiarist and
fantasist who fabricated parts of stories. Jason Blair resigned and
now works as a life coach. The New York Times reported on Blair’s
misdeeds in a lengthy front page article on 11th May 2003 entitled
“Correcting the Record; The Times Reporter Who resigned leaves a Long
Trail of Deception”. One US based reporter said while Jason Blair was
the exception in the US such practices were much more frequent in the
UK.

Conclusion

There are certainly very different cultural values in play in the US
and UK but also very different approaches to journalism. ethics and
the role of the media. Maybe the media in both countries get the law
that they deserve. Comparisons between the two legal systems are only
useful in the context of what actually happens in each country. Here
are some interesting links: Reuters Handbook, The Pew Center, New York
Times Policy on Ethics in Journalism, and finally a collection of
links on Journalism Ethics. "

SEE EXPERTS ON ETHICS. IN USA THIS IS STRAIGHT LEFTIES POSITION -
TOLERATED BUT NOT THAT EXITING. THAT BLOOGER MIGHT HAVE FED THIS INTO
THE INTERNET LINES AS IF ALL - THAT SI WAHT USUALLY OCCURS THIS DAYS,
DUE TO COMPLETE FLOADING OF THE USDA INTERNET WITH ETICAL GARBAGE. IT
IS NOT LIKE THAT ELSWHERE. THERE IS NO RULE THAT ALL INTERNET
EMNTIOTIES ARE 'SPIES', SLLEZY, INDIRECT AND LYING FOR CREATING
TEHSTEAR, BUT THE SITUATION NOW IS ALARMING - IT SEEM THAT MOSTHLY WEM
DEALING WOTH PROVOCATION.
LET SEE  IN A FEW INTERNET CORE POINTS IF THEY, TEH PROCATOUS ARE
BRITISH.

....MORE REFERENCES OF TAHT BLOGGER:Bookmarks
» Lionel Barber's Cudlipp Lecture, Index on Censorship Blog
» News International moves on from the dark arts to dirty tricks -
Greenslade Blog
» How News of the World stole kiss-and-tell story through phone-
hacking - Greenslade Blog
» BBC Media Show, 2 February, Steve Hewlett - iplayer
» News of the World phone-hacking scandal Timeline
» British Hacking Scandal Turns to Charge of a Stolen Scoop -
NYTimes.com
Search Inforrm’s Blog

Home Inforrm News and EventsTable of Cases 2010-2011
Table of Forthcoming CasesAbout Inforrm
...
IF YOU ENTER THEIR HOME ; SUPREME COURT!
I MAGED TO GET OUT QUITE A BIT; YES, THEY ARE BRITISH RULLING THE
WORLD ON THE BLOG! I COPY ALL AS THEY MOST LIKELY DISSEAPER OR LIE LIE
AND LIE AGAIN.

"Times Newspapers – the Appeal Documents
8

02

2011
 We reported yesterday that the Supreme Court has given Times
Newspapers permission to appeal against the decision of the Court of
Appeal in Flood v Times Newspapers ([2010] EWCA Civ 804). Permission
has been granted on condition that the “Times” agrees to pay Mr
Flood’s costs in any event. The “Times” has now provided us with
copies of the relevant Supreme Court appeal documents: sections 5 and
6 of its Notice of Appeal and its submissions on the proposal to grant
conditional permission to appeal. Read the rest of this entry »


Comments : 1 Comment »

Categories : Libel

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Opinion: “Don’t be fooled by the media” – Steven Heffer
8

02

2011
 “When I read Anthony Lester’s Bill back in May my first thought was
that this is a Bill for Journalists.  A Bill for the Media”.  Those
are not my words but those of Senior BBC Journalist, Kevin Marsh in a
recent debate on libel reform.

It’s not that surprising. Lester’s Bill was conceived out of years of
relentless campaigning by media organisations.  The Government is now
drafting its own Bill, using this as the starting point. Read the rest
of this entry »


Comments : 1 Comment »

Categories : Legal, Media

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Law and Media Round Up – 7 February 2011 [Updated]
7

02

2011
 In this regular feature we draw attention to the last week’s law and
media news and next week’s upcoming events. If readers have any news
or events which they would like to draw attention to please add them
by way of comments on this post.

News

The most important case of the week was Monday’s “anonymity” decision
of the Court of Appeal in the JIH case. Edward Craven’s Inforrm post
about the decision attracted a record number of hits.  Unfortunately,
neither the decision itself nor this post appears to have been read by
many journalists who produced characteristically inaccurate and one-
sided analyses of the case the following day (see our post here).
Read the rest of this entry »


Comments : 1 Comment »

Categories : Legal, Media

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News: Libel in the Supreme Court [Revised]
7

02

2011

Gary Flood
On 24 January 2011, the Supreme Court gave permission to appeal in the
case of Flood v Times Newspapers. Lords Hope, Brown and Mance
originally proposed to grant permission on the condition that the
“Times” agreed to pay Mr Flood’s costs in any event. The Court has now
granted permission on these terms.  The “Times” has to decide whether
to pursue the appeal on this basis.  We commented on the Court of
Appeal decision at the time and other discussions of it can be found
in the “Table of Recent Cases” above. There is a report on the initial
permission decision in the Press Gazette. Read the rest of this entry
»


Comments : 1 Comment »

Categories : Libel

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Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 2 International Instruments and other Jurisdictions
– Hugh Tomlinson QC
6

02

2011
 In this feature we revisit older posts which remain of current
interest.  In this updated series of posts from May 2010 Hugh
Tomlinson QC considers the relationship between freedom of expression
and freedom of information in European, international and domestic
law. Part 1 was posted on 5 February.


The cautious approach of the European Court of Human Rights to freedom
of information can be contrasted with the approach of other
international bodies.  Read the rest of this entry »


Comments : 1 Comment »

Categories : Freedom of expression, Government and Policy, Human
Rights

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News: Home Affairs Select Committee Publishes Phone Hacking Evidence
5

02

2011
 On 4 February 2011, “because of the continuing public interest” in
the subject, the House of Commons Home Affairs Committee published all
the written evidence it has received to date.  The short written
evidence of former “News of the World” journalist Paul McMullan has
received publicity in some newspapers.  There were reports in the
Guardian, the Independent, the Daily Telegraph, and in the Financial
Times.   As usual, there was no mention of this “phone hacking” story
in the “Sun”, “The Times” or the “Daily Mail”. Read the rest of this
entry »


Comments : 1 Comment »

Categories : Legal, Media

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Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 1 The European Convention – Hugh Tomlinson QC
5

02

2011
 In this feature we revisit older posts which remain of current
interest.  In this revised and updated series of posts from May 2010
Hugh Tomlinson QC considers the relationship between freedom of
expression and freedom of information in European, international and
domestic law.
Introduction

In contrast to modern human rights instruments, the European
Convention on Human Rights does not contain any express right to
freedom of information. This has often been identified as an important
weakness in the Convention. Read the rest of this entry »


Comments : 1 Comment »

Categories : Freedom of expression, Government and Policy, Human
Rights

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Opinion: “Freedom of Information in the Wikileaks era” – Andrew Murray
4

02

2011
 This is the text of Andrew Murray’s opening statement  at the BIICL
debate on Freedom of Information in the WikiLeaks Era.   It was
originally posted on his blog, “The IT Lawyer” and is reproduced with
permission and thanks.  There was a report of the full debate by
Judith Townend posted on Wednesday.

Introduction

I am pleased to be here tonight among a panel of expert commentators.
I believe the role of the academic on occasions such as this is to
provide the broader viewpoint that is afforded by the freedom of not
having to support either a client viewpoint or a professional one.
Read the rest of this entry »


Comments : 3 Comments »

Categories : Journalism, Media

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Case Law: Wallis v Meredith – another libel strike out – Sara Mansoori
4

02

2011
 The recent decision of the Mr Justice Christopher Clarke in Wallis v
Meredith ([2011] EWHC 75 (QB)) resulted in the Claimant’s case being
struck out on the basis that there had been no real or substantial
tort following Jameel v Dow Jones & Co Inc ([2005] QB 946).   The
Defendant, Mr Meredith, had been an employee of the claimant company
which had been founded by Mr Wallis. Following Mr Meredith’s
redundancy the relationship between the parties broke down and the
Claimants instructed Mishcon de Reya who began to correspond with Mr
Meredith on their behalf. Read the rest of this entry »


Comments : 1 Comment »

Categories : Libel

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Opinion: “Daily Mail on the naughty step over domestic violence case”
– Adam Wagner
4

02

2011
 In an entertaining post which also raises the serious issue of
journalistic responsibility, the Nearly Legal blog has put a Daily
Mail “family law expert” on the naughty step in relation an article on
a recent Supreme Court decision on the meaning of domestic violence in
housing cases.

According to the respected housing law blog, the Mail article,
entitled “Shout at your spouse and risk losing your home: It’s just
the same as domestic violence, warns woman judge”, demonstrates“why
the Mail is not a paper of record for case reports”. Read the rest of
this entry »


Comments : 1 Comment »

Categories : Legal, Media

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« Previous Entries

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Bookmarks
» Lionel Barber's Cudlipp Lecture, Index on Censorship Blog
» News International moves on from the dark arts to dirty tricks -
Greenslade Blog
» How News of the World stole kiss-and-tell story through phone-
hacking - Greenslade Blog
» BBC Media Show, 2 February, Steve Hewlett - iplayer
» News of the World phone-hacking scandal Timeline
» British Hacking Scandal Turns to Charge of a Stolen Scoop -
NYTimes.com
Search Inforrm’s Blog


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Top Posts
Law and Media Round Up - 7 February 2011 [Updated]
Opinion: "Don’t be fooled by the media" - Steven Heffer
News: Libel in the Supreme Court [Revised]
Flood v Times Newspapers - the Appeal Documents
Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 2 International Instruments and other Jurisdictions
– Hugh Tomlinson QC
Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 1 The European Convention – Hugh Tomlinson QC
News: Home Affairs Select Committee Publishes Phone Hacking Evidence
Opinion: "Daily Mail on the naughty step over domestic violence case"
- Adam Wagner
Opinion: "Freedom of Information in the Wikileaks era" - Andrew Murray
Case Law: Wallis v Meredith - another libel strike out - Sara Mansoori
Inforrm Law and Media Weekly Round Ups

31 January 2011 Round Up

24 January 2011 Round Up

17 January 2011 Round Up

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Recent Judgments

7 February 2011 McKeown v Attheraces Ltd

4 February 2011 Thornton v Telegraph Media Group

31 January 2011 JIH v News Group

28 January 2011 Wallis v Meredith

18 January 2011 MGN v United Kingdom

13 January 2011 POI v Person Known as "Lina"

12 January 2011 Cambridge v Makin

21 December 2010 Clift v Slough BC

16 December 2011 CDE v MGN Ltd

15 December 2011 Shergill v Purewal

13 December 2010 Smith v ADVFN

Recent Posts
Flood v Times Newspapers – the Appeal Documents
Opinion: “Don’t be fooled by the media” – Steven Heffer
Law and Media Round Up – 7 February 2011 [Updated]
News: Libel in the Supreme Court [Revised]
Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 2 International Instruments and other Jurisdictions
– Hugh Tomlinson QC
News: Home Affairs Select Committee Publishes Phone Hacking Evidence
Revisited and Revised: Freedom of Expression and Freedom of
Information: Part 1 The European Convention – Hugh Tomlinson QC
Opinion: “Freedom of Information in the Wikileaks era” – Andrew Murray
Case Law: Wallis v Meredith – another libel strike out – Sara Mansoori
Opinion: “Daily Mail on the naughty step over domestic violence case”
– Adam Wagner
Matrix Media Update – 3 February 2011
Announcement: Sara Mansoori joins Matrix Media Team
Case Law: Farrall v Kordowski – assessment of libel damages
Reporting Privacy: JIH “Privacy Madness”? – Mark Thomson
Opinion: “The PCC’s working group on phone hacking – too little too
late” – Martin Moore

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