1. Legal and
Compliance Training
Legal Training 2013 / (c) R Berry 1

2. Why are we here?
• Ignorance is not an excuse
Legal Training 2013 / (c) R Berry 2

3. 3 Key things to remember
•Think First
•If in doubt, leave it out
•Know your audience
And if anything does happen. CONFESS
Legal Training 2013 / (c) R Berry 3

4. The Law
• This is where YOU can be fined, sued or
arrested and jailed
Legal Training 2013 / (c) R Berry 4

5. #1: Libel
• A civil offence for which you and the Radio Station
(and maybe the directors) could be sued
• The best defence against Libel is the truth.
Legal Training 2013 / (c) R Berry 5

6. #1: Libel
• Libel are words (or images) that “tend to”
disparage a person (or organisation) in their
profession, trade or personal life or cause
them to be shunned, avoided or ridiculed.
• Does what you say lower someone in the
estimation of most people?
• Libels are judged by what people understand
• Libels are untruths
Legal Training 2013 / (c) R Berry 6

7. #1: Libel
• Myths:
– If I don’t name them, that’s OK
– If I didn’t mean to, I’m OK
– If I say “allegedly” first
– It’s Ok to read stuff out of the paper or from
Twitter because they said it first
Legal Training 2013 / (c) R Berry 7

8. Who Can Sue You?
• You can libel a person, a small group of
people, a business or a voluntary organisation
• The council you cannot sue but a councillor or
it’s employees could
Legal Training 2013 / (c) R Berry 8

9. Would you say it to their face?
Legal Training 2013 / (c) R Berry 9

10. The Defence of Honest Comment
• You can make reasonable and
honest comments on matters of
public interest, if what you say is
your honest opinion, informed by
the facts and is not fuelled by
malice.
Legal Training 2013 / (c) R Berry 10

11. Case Study Time…
• We ALL knew it was
Giggs!
• But only an MP
could name him
and not get sued…
Legal Training 2013 / (c) R Berry 11

12. Risks on Social Media – pt1
Legal Training 2013 / (c) R Berry 12

13. Lessons / Tips
• Take “reasonable” precautions.
• Plan content / brief guests / callers
• Moderate online spaces
• “Innocent Dissemination” can be a “Get out of
jail free” card but ONLY if you can prove you
did all you could to prevent the libel in a LIVE
programme*
– *This doesn’t apply to pre-recorded content, sorry. Or the Internet.
Legal Training 2013 / (c) R Berry 13

14. Contempt of Court
• This is where you say things or show things
that may affect the course of a current or
pending criminal trial.
Legal Training 2013 / (c) R Berry 14

15. #2 Contempt
• Material which causes a “substantial risk of
serious prejudice” in a legal case regardless of
your intent
• Will a jury hear this information?
• Ignore, what you may hear or see online or a
bloke in the pub tells you
Legal Training 2013 / (c) R Berry 15

16. Can you talk about this?
Legal Training 2013 / (c) R Berry 16

17. Beacon FM: 26/11/03
Legal Training 2013 / (c) R Berry 17

18. Prompting one listener to text…
• "You are at serious risk of prejudicing a trial.
He [Huntley] could walk free because of what
u are doing. Don't u know the first thing about
contempt of court?”
• "If you still have your jobs by the end of today,
you can buy me a pint for saving your career! I
hope no one tells the Radio Authority. I won't,
but sum1 will."
Legal Training 2013 / (c) R Berry 18

19. Contempt could also be…
• Breaking a court order
– Naming juveniles, victims or revealing information
when ordered not to
– Breaking an injunction
• Interviewing witnesses or jurors
• Taking callers on-air to talk about cases
Legal Training 2013 / (c) R Berry 19

20. The risks on Social Media – Pt2
I’ve blurred this
Legal Training 2013 / (c) R Berry 20

21. #3 Copyright - Myths and Truths
• Myth
– You can play what you like, up to 30 seconds
– You can play youtube clips in shows and jingles
• Reality
– EVERYTHING is covered by copyright
– You can use ‘reasonable’ amounts for the purpose
of REVIEW or coverage of CURRENT events
Legal Training 2013 / (c) R Berry 21

22. #4 Regulation
• OFCom issue the FM licence
• A condition is YOUR awareness of the
Broadcasting Code
• Short-link: http://bit.ly/b-code
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23. #4 Regulation
• Might children be listening?
• Have your guests been fully briefed about
language? Have tracks been screened and
edited?
• Religion and religious programmes should also
be dealt with carefully
Legal Training 2013 / (c) R Berry 23

24. Brick FM
• Regarding the material itself, Brick FM said that a “punany” was a
“sandwich sold locally and is made of Italian bread with cheese and
tomato which is heated up” and therefore did not accept the song “More
Punany” had sexual connotations. Brick FM also maintained that the word
“f***” is “a commonly used word in Scotland, as a description, when
something goes wrong or if they get angry or upset” rather than a sexual
act giving the phrases “f---cars or f---crazy” as examples. It argued that it
had “the right to use the commonly spoken word which is not considered
offensively locally” and claimed that Ofcom was “unfamiliar with our *its+
local dialect”. (Bulletin 189)
Guidance:
http://bit.ly/offensivelyrics
Legal Training 2013 / (c) R Berry 24

25. Offensive Language
• There is NO watershed on the Radio
• Warnings can help
• OfCom note: “in live programming, it is
difficult for broadcasters to prevent the use of
potentially offensive language, on the
occasions that this happens. However, in such
circumstances, listeners would expect to see
quick action from the broadcaster to prevent
further incidents and an apology”
Legal Training 2013 / (c) R Berry 25

26. Fairness / Bias
Sections 5, 6, 7 & 8
• Don’t deceive the audience
• Be balanced (with opinions and businesses)
• Truth / Accuracy / Fairness
• Competition entries MUST be real and fair
• Never say you’re live, when you’re not
• The public have a right to privacy
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27. This started on March
26th!
Elections
• Applies during the “Election Period”
• Sections Five and Six of the Code apply to all Ofcom licensed services. However,
there is no obligation on broadcasters to provide any election coverage.
• Politicians cannot present or form part of
programmes (*) unless pre-booked and election is avoided
• ALL candidates must be invited to debates
• Broadcasters cannot show bias or offer
endorsements and must ensure fairness and balance
• No coverage on election day, until polls close
Legal Training 2013 / (c) R Berry 27

28. Top Tips
• Think about and plan every link, feature or interview
• Ask, if you don’t know
• Take sensible precautions
• Know your audience
• Don’t make things up or deceive
• Brief guests
Legal Training 2013 / (c) R Berry 28

29. 3 Key things to remember
•Think First
•If in doubt, leave it out
•Know your audience
And if anything does happen. CONFESS
Legal Training 2013 / (c) R Berry 29

30. This is a plug
• Radio Academy North East – The
Breakfast Battle Part Deux.
• Thursday – 7pm
• Star Bar – Newcastle College
– Anna Foster (Magic)
– Robin Banks (Star)
– Charlie Charlton (BBC Newcastle)
– JoJo Hatfield (Capital)
– Hosted by Mike Parr (BBC Tees)
Legal Training 2013 / (c) R Berry 30

31. Links
Broadcasting Code: http://bit.ly/b-code
Guidance on Lyrics: http://bit.ly/offensivelyrics
Email me: richard@richardberry.eu
Legal Training 2013 / (c) R Berry 31