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소개
Media law governs the legal framework for broadcasting, publishing, and online content. Ofcom regulates broadcasting under the Communications Act 2003. The law balances freedom of expression (Article 10 ECHR) against competing rights including privacy (Article 8), the administration of justice (contempt of court), and national security. The Online Safety Act 2023 imposes new duties on internet services regarding harmful content.
In Brief
The Defamation Act 2013 requires claimants to show a statement caused or is likely to cause 'serious harm' to reputation. The Contempt of Court Act 1981 creates strict liability for publications creating a substantial risk of prejudice to active proceedings. The Online Safety Act 2023 imposes duties on platforms to address illegal content, with Ofcom as the regulator.
핵심 원칙
Freedom of Expression — Article 10 ECHR (given effect by the HRA 1998) protects the right to freedom of expression, including the freedom to receive and impart information. The right is qualified and can be restricted where necessary and proportionate.
Contempt of Court — The Contempt of Court Act 1981 creates strict liability contempt: publications that create a substantial risk of serious prejudice to active court proceedings are punishable.
Reporting Restrictions — Various statutory provisions restrict reporting of court proceedings, particularly involving children (Children and Young Persons Act 1933, s.39), sexual offence complainants (Sexual Offences (Amendment) Act 1992), and family proceedings.
Privacy — There is no free-standing tort of privacy, but Article 8 ECHR provides protection through the action for misuse of private information (Campbell v MGN [2004]).
Ofcom Regulation — Ofcom regulates broadcasting content, ensuring compliance with the Broadcasting Code covering impartiality, accuracy, harm and offence, and the protection of children.
Online Safety — The Online Safety Act 2023 imposes duties on providers of internet services to protect users from illegal content and, for services likely to be accessed by children, from content harmful to children.
핵심 법령
주요 판례
Campbell v MGN Ltd
[2004] UKHL 22
Reynolds v Times Newspapers
[2001] 2 AC 127
일반적인 시나리오
Newspaper publishes private photos
The subject may bring a claim for misuse of private information (Campbell v MGN). The court balances Article 8 (privacy) against Article 10 (freedom of expression), considering whether the individual had a reasonable expectation of privacy and whether publication was proportionate.
Social media post prejudices a criminal trial
Publishing material that creates a substantial risk of serious prejudice to active criminal proceedings is strict liability contempt under the Contempt of Court Act 1981. This applies to social media posts as much as traditional media.
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Frequently Asked Questions
What is Ofcom and what can it do about broadcast complaints?
Ofcom is the independent regulator for UK communications including TV, radio, video-on-demand, and postal services. It enforces the Broadcasting Code, which sets standards on harm and offence, impartiality, accuracy, and protection of children. If a broadcast breaches the Code, Ofcom can require a correction or statement, direct that the broadcast not be repeated, impose a financial penalty, or (in extreme cases) shorten or revoke a licence.
What is contempt of court and can social media users commit it?
Contempt of court under the Contempt of Court Act 1981 includes publishing material that creates a substantial risk of serious prejudice to active court proceedings (strict liability contempt). 'Active' proceedings begin when a person is arrested or a summons is issued. Social media users can be prosecuted — several people have been convicted for posting prejudicial comments about defendants during high-profile trials.
What is the Online Safety Act 2023 and what does it require?
The Online Safety Act 2023 (regulated by Ofcom) requires providers of user-to-user services and search engines to take steps to protect users from illegal content and (for services likely accessed by children) from harmful content. Large platforms must conduct risk assessments, implement safety measures, provide user reporting tools, and publish transparency reports. Non-compliance can result in fines up to £18 million or 10% of global revenue.
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