updated; suicide, inquests, copyright

why is suicide regulated

prevent copycat behaviour and protect vulnerable audiences. research shows irresponsible reporting can increase suicide rates, especially following celebrity deaths

which codes regulate suicide reporting

1. IPSO EDITORS CODE OF PRACTICE - CLAUSE 5

2. OFCOM BROADCASTING CODE - SECTION 2

editors code clause 5 -suicide

when reporting suicide, to prevent stimulative acts, care should be taken to avoid excessive detail of the method used, while taking into account the media right to report legal proceedings

ofcom code section 2 - suicide

methods of suicide and self-harm must not be included in programmes expect when they are editorially justified and justified by the context

what counts as excessive detail

information that could enable or encourage other to copy the method:

• naming specific drugs

• quantities needed to cause death

• instructions of diagrams

• how a suicide device was constructed

• detailed descriptions of the mechanism

exmaple: stating “death by hanging” is acceptable: describing the ligature or knot is not

what is acceptable to report

• general method

• factual cause of death in an inquest

• legal proceedings

reporting location of suicide

• generally unethical to name locations frequently used for suicide

• risk of creating ‘suicide hotspots’

exception - public interest

if naming the location is necessary (eg community campaign for barriers or patrols

language to avoid

dont say ‘committed suicide’ hasn’t been a crime since 1961

instead: ‘took their own life’ or ‘died by suicide’

samaritans media guidelines

help report media sensitively and responsible

media should not:

• portray methods as quick,painless or certain

• oversimplify causes

• suggest suicide achieved a result

• romanticise death (eg now an angel)

• publish suicide notes

• publish heights of bridges or cliffs

• use repeated or prominent images of deceased

what do the samaritans say you can include

• emphasise suicide is preventable

• provide support resources

• include mental health context

case law: Mr & Mrs Marsh v Reading Chronicle

the PCC upheld a complaint where a report:

• named poisonous leaves

• explained ingestion

• identified specific toxins

• said death was quick and untreatable

what law governs copyright

the copyright, designs and patens act 1988 (CDPA)

• civil law, heard in civil courts

copyright is owned by the creator of any piece of work created using skill, labour or judgement

if that work is stolen or reproduced by someone else’s then the creator can sue for damages

works protected by copyright

• literary works

• musical works

• artistic works

• films and broadcasts

• databases and computer programmes

• websites, layouts and templates

assignment and licensing

assignment: permanent sale of copyright

license: permission to use work under agreed terms

ownership of copyright

creator owns the copyright but if the work has been created in the course of their employment, the employer owns the copyright

not freelancing - creator owns copyright in case of freelance work

penalties for copyright

• injunction granted to prevent further copying

• damages

• claim on profits earned by the infringement

• order for possession of infringing copies

when is copyright breached

if all or a ‘substantial part’ of the work is copied without permission from the copyright owner

‘substantial’ - in relation to text can apply to a single sentence or even just a headline if very original

rock city case

rock city used a photographers image of Kesha and LMFAO without permission

unauthorised use of images for promotion is a clear copyright breach, even if taken from online sources

what is not protected by copyright

• facts

• new events

• news itself

the skill in reproting, layout, quoted and headlines are protected

internet images

• copyright belongs to the person who took the photo

• online availability does not equal free use

older photographs

pre 31st july 1989: commissioner own photo

post 31st july 1989: photographer owns photograph

fair dealing

applies for the purpose of news reporting ‘news and current events’

the media organisation must publish sufficient acknowledgement of the work and its author

• media must not publish more then is ‘necassery’ to report the story

• allows unauthorised use of a few seconds of footage but only enough to tell the story

• photos are excluded

public interest and copyright

very narrow defence

may succeed if:

• exposes wrong doing

• protects public health, safety and justice

what is an inquest

a public inquiry held in coroners court to establish:

• who died

• where, when and how

not to assign blame

when must an inquest be held

• cause of death unknown

• death violent or unnatural

• death in custody or state detention

types of deaths investigated

• accidents

• suicide

• drug or alcohol misuse

• neglect or lack of care

• poisoning

role of coroner

• judicial powers

• can jail witnesses for contempt

• can impose reporting restrictions

• can make section 11 orders

juries in inquests

required when:

• death in custody

• death caused by police or armed forces

• workplace fatalities

• if corner sees sufficient reason

media right at inquest

• usually held in public

• journalists entitled to inspect document

• request evidence under article 10

outcomes of inquests

• short form determination

• narrative verdict

• record of inquest must be accessible

treasure inquests

determine if items are treasure (gold/silver or 300+ years old)

museums may acquire items; finder may receive rewards