6F Programmes Involving or Concerning Crime : Media Law
Programmes Referring to Legal Proceedings
- All references to active criminal legal proceedings must be referred to the programme lawyer for advice as early as possible. Proceedings become active when someone is arrested or charged with an offence. Nothing must be broadcast which creates a substantial risk of serious prejudice to active legal proceedings.
- Indeed, any reference to legal proceedings, active or concluded, in particular those involving sexual offences or any proceedings involving under 18s must be referred to the programme lawyer for advice at the first available opportunity.
- Never approach jurors (past or present) or potential jurors without first seeking legal advice. Soliciting information from jurors about their deliberations is a criminal offence.
- Do not take any kind of recording device into a court room unless you have the explicit consent of the court to do so.
- If you seek to rely on documents or information sourced from documents which have been obtained through the legal disclosure, whether in civil or criminal proceedings, seek legal advice immediately. Use of the documents/information may be an offence.
- When referring to legal proceedings, programme-makers must check with the relevant court to ensure that there are no specific court orders in place relating to media reporting of a particular case.
- See Chapter 5B, Contempt and Reporting Legal Proceeedings
- See Chapter 4B, Crime
Terrorism & Official Secrets
- Programme-makers working on programmes investigating matters of terrorism must seek legal advice at the earliest opportunity and preferably before research begins. Unlike most other areas of the criminal law, terrorism legislation creates a positive obligation to disclose information relating to certain offences. Similarly, programme-makers working on programmes touching upon matters that could fall within the ambit of the Official Secrets Act must seek legal advice immediately.
- See Chapter 5E, Other Laws Affecting Broadcasting