Trelford on the PCC and the D-A Notice

In an interesting recent rumination, Donald Trelford - erstwhile editor of the Observer and currently columnist for the Independent - listed a number of "praiseworthy developments" at the PCC but highlighted its continuing susceptibility to calls for its demise. His prescription: embrace change don't fight it.

Another interesting point made by Trelford in recent weeks concerns the D-notice system. Quoting from a piece in the Independent: "Many people, even on newspapers, are surprised that the D-notice system still exists, having assumed that it died with the collapse of Communism. Yet the Defence, Press and Broadcasting Advisory Committee, consisting of editors and civil servants, functions much as it ever did. Now a history of the D-notice system, right back to its origins in 1912, is being written by its former Secretary, Admiral Nick Wilkinson. A prevalent myth about the system is that governments can "slap a D-notice" (now called a or D-A Notice) on a story and thereby censor it... In reality it's an advisory system, which editors can choose to ignore. I had to put some Americans straight on that one recently, when they consulted me about a feature film they were planning... I doubt if my words of warning will stop them. "

Advertising salvation: Channel 4 carries first mainstream religious advert

Lest it pass unnoted, earlier this month Channel 4 carried its first ever advertisement placed by a mainstream religious group (1,2). The advert promoted the Alpha course (it can be found on YouTube). Now, can the promulgation of religious viewpoints be considered 'political'...

OFT to review the ITV CRR remedy

ITV has persuaded the OFT to review the remedy that was imposed on the broadcaster in order to secure the merger of Carlton and Granada (1,2,3). The announcement of the review had been trailed for some time (1,2), and can have come as no surprise.

For further comment on the review, see:

- Brand Republic: Politics of the media: Will Michael Grade win his battle over CRR? - Stephen Foster
- Media Week: What is the case for reform of CRR? - Emma Barnett
- Daily Telegraph: Should ITV be unleashed from its advertising straitjacket? - Mathew Horsman

Catch-up (August): PCC makes first internet video ruling

In mid-August, the PCC proffered its first ruling on the use of a video on a newspaper's internet site (1,2). In a case echoing that of teacher Angela Mason (1,2), a child took mobile phone video footage of the behaviour of her peers which was subsequently released to a number of newspapers. The Scottish Sun and Scottish Daily Mirror ran the story with captures from the footage on which pupils' identities had been obscured, but the Hamilton Advertiser uploaded the uncensored footage to its website. The PTA complaint to the PCC alleged breach of privacy and damage to the school's reputation (without proper checks having been made by the newspaper); the newspaper contended a public interest justification.

The PCC's decision was something of a curate's egg for the newspapers concerned. It accepted that there was a public interest dimension, but concluded that the Advertiser's failure to take steps to conceal pupils' identity or to obtain proper consent from those filmed outweighed this argument (see here). Separate claims against the other newspapers was rejected as identities had been concealed (here and here).

The case was especially interesting as the first case involving online video content since the PCC's determination in February of this year that the regulation of such content should be left to it rather than placed in the hands of broadcast regulators as had been mooted by the EC Commission.

Catch-up (August): BBC to sell off BBC Resources

The BBC has decided to sell-off its resources subsidiary (1,2,3). Such a move had previously been forestalled after a strike-averting agreement with unions. This pact was to hold until January 2007, when, unsurprisingly, it was quickly announced that the sale was back on. It has now been set rolling. The relationship between the BBC and its commercial services has been one focus of concern for the BBC Trust.

Catch-up (August): what a DRaMa!

The Technology Guardian carried a couple of interesting notes re developments in the copyright technology and DRM world in mid-August. The first on copyright recognition software, and the second on questionable dealing by Google re DRM-protected video clips.

Catch-up (August): JK Rowling no Princess Caroline

In early August, Joanne Murray (aka JK Rowling) lost her case against a picture agency which had been aimed at protecting the privacy of her child. According to the Guardian, a picture showing Rowling, her husband, and their son appeared in the Sunday Express magazine to illustrate an article about her approach to motherhood and family life. While the newspaper settled the claim, the picture agency involved had contested it. Mr Justice Patten contended that a right to control the use of images taken in public places when not on 'public' business would amount to the accordance of a publicity right that was purportedly not recognised in English law. Of course, this is almost precisely what one might have thought has been bestowed by the Strasbourg jurisprudence. The case is to proceed to the Court of Appeal, where we might expect the next stage in the faltering development of the tort of misuse of private information - or at the very least a right good barney!!