BA Hons Broadcast Journalism

1
BA (Hons) Broadcast Journalism
The Centre for Broadcasting and Journalism

• Freedom to Protest
• and Public Order

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Public Protest

• Citizens of democracies enjoy the rights of
  freedom of speech
• This allows for that freedom of expression to be
  manifested in public demonstrations
• but not public disorder

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Public Protest

• Protests may be static in the form of posters or
  banners
• Or they may be mobile in the form of processions
  and parades

4
Public Protest

• While public protest is allowed and desirable in
  a pluralist democracy it clearly needs to be
  orderly
• The rights of others need to be considered just
  as much as the rights of the protestors

5
Public Order

• Public order is governed by a number of statutes
  designed to prevent serious disruption to
  individuals and society
• Public Order Act 1936
• Public Order Act 1986
• Protection from Harassment Act 1997
• Race Relations Act 1976
• Criminal Justice and Public Order Acts

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Public Order Act 1986

• The Act was introduced following serious
  breakdown in public order in the 1970s and early
  1980s
• Red Lion Square Disorders 1974
• Brixton Riots 1981
• The Police retained common law powers and the
  earlier 1936 Act survived the passage of the new
  law

7
OMoran v DPP (1975)

• Section 1 POA 1936
• Wearing of uniform signifying association with
  political party
• Berets, dark glasses and dark clothing at a
  funeral did constitute the offence

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Public Order Act 1986

• Following the recommendation of the Law
  Commission
• S.9 POA 1986 abolished the old common law
  offences of
• Riot
• Rout
• Unlawful assembly
• Affray

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Public Order Act 1986

• Statutory Offences created
• Riot (s.1 POA 1986)
• Most serious of the public order offences carried
  out in a group context
• 12 or more persons together threaten or use
  unlawful violence in common purpose

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Public Order Act 1986

• Violent Disorder
• 3 or more persons must be using violence or
  threats of violence but not necessarily
  simultaneously

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Public Order Act 1986

• Affray (s.3 POA 1986)
• Participating in fighting or other acts of
  violence of such a character as to cause alarm to
  members of the public
• Essentially and offence against public order

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Public Order and Protests

• Brutus v Cozens (1973) Anti apartheid
  demonstrators at Wimbledon
• Insulting behaviour likely to cause a breach of
  the peace contrary to s5 POA 1936 (repealed)
• Behaviour not insulting albeit disgraceful

13
Public Order and Protests

• Chambers and Edwards v DPP (1995)
• Road protesters interfering with survey
• Obstructing theodolite and continuing to do so
  after being warned by police
• Disorderly conduct a question of fact
• Such behaviour capable of being disorderly by
  rule in Brutus v Cozens

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Chambers and Edwards v DPP (1995)

• This ruling could effect journalists where they
  have been asked or warned by police to remove
  themselves from certain places
• Accident scenes, crime scenes etc.

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POA 1986 and Journalists

• In 1995 a BBC cameraman was arrested at a coach
  crash scene
• Police had asked him to leave and he had refused
• Arrested for own safety
• Successful appeal against magistrates court
  conviction but told to consider the rights of
  others

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Highways Act 1959

• Section 121 HA 1959 grants police officers the
  power to require anyone on the highway to move on
  where ordered to do so by a constable
• The officer may arrest any journalist or
  photographer who refuses to do so
• But not on private land

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Police Act 1964

• Where a journalist or photographer is requested
  to leave a scene they may be arrested under s.51
  Police Act 1964
• Refusing to leave may be construed as an activity
  making it more difficult for a police officer to
  carry out his duty

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Public Meetings Act 1908

• It is an offence to engage in disorderly conduct
  at a public meeting for the purpose of disrupting
  the transaction of the business for which the
  meeting was called together
• It is difficult to see how a journalist might be
  caught by this one but intrusive questioning of
  delegates might cause disruption

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Race Relations (Public Order Act 1986)

• It is an offence to display, publish, or
  distribute material that is threatening, abusive,
  or insulting if the publisher intends to stir up
  racial hatred. If racial hatred is actually
  stirred up, this also falls under the definition.
  
• The offence can be committed without any intent
  to stir up racial hatred and as a result, a
  journalist must be aware of inflammatory
  speeches and election manifestos.

20
Protection from Harassment Act 1997

• This legislation may supplement the provisions of
  the Public Order Acts
• As well as providing for tortious/civil remedies
  against those who engage in
• A course of harassing conduct
• Harassment of another
• Both actual or apprehended

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Protection from Harassment Act 1997

• The Act creates criminal liabilities
• S.1(1)
• A person must not pursue a course of conduct
• (a) which amounts to harassment of another
• (b) which he ought to know amounts to harassment
  of another

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Protection from Harassment Act 1997

• S.2(1)
• A person who pursues a course of conduct in
  breach of section 1 is guilty of an offence
• By s.7(4) conduct includes speech

23
Journalists and PfHA Act 1997

• Journalists could face prosecution under the Act
• The nature of their work frequently means they
  attempt or speak to or photograph individuals who
  do not wish for their attention
• Laying siege to houses for instance

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Journalists and PfHA Act 1997

• Legitimate public interest must be balanced
  against an individuals right to be free from
  harassment
• Burris v Azadani 1995 1 WLR 1372
• A government minister accused of adultery might
  be fair game, relatives of murder victims will
  not (US First Amendment approach)

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Journalists and PfHA Act 1997

• Journalists who ignore the NUJ codes of conduct
  or Press Complaints Commission rulings could be
  liable under the Act
• OBrien and Harrison (paparazzi)
• Imprisoned for 90 and 60 days respectively
• Chasing Arnold Schwarzenegger who had just come
  out of hospital

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Defences

• Press Complaints Commission code of practice
  (26/11/97)
• Exceptions to be made in the public interest
• (a) Detecting or exposing crime or serious
  misdemeanour
• (b) Protecting public health and safety
• (c) Preventing the public from being misled

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Press Complaints Commission code of practice
(26/11/97)

• Not dissimilar from statutory defences under
  s.1(3) of the Act
• (a) Preventing crime
• (b) Pursued under enactment or rule of law
• (c) Reasonableness

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The European Courts Position re Public Order

• The ECtHR has been criticised for its apparent
  generosity to states

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Some ECHR Rulings

• Janowski v Poland (1999)
• Journalist intervened when two municipal police
  tried to move on a stall holder
• Janowski informed them they had no legal
  authority to do so
• And also called them dumb oafs in the process

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Janowski v Poland (1999)

• Convicted of public order offence preventing
  public servants from being hindered in carrying
  out their duties
• Janowski applied to the ECtHR on grounds the
  conviction violated his Article 10 rights
• The court holds that his Art 10 rights permit him
  to criticise not insult' public officials

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Janowski v Poland (1999)

• ECtHR severely criticised for this ruling
• Court has not taken account of the context of the
  words used
• Journalist was explaining why municipal police
  could not legally order the stall holder to move
• Therefore legitimate Article 10 right to
  criticise public servants

32
Janowski v Poland (1999)

• Insulting comments uttered in debate of public
  concern
• Art 10 allows criticism of state functionaries
• Even vitriolic criticism of their performance of
  duty Lingens v Austria (Nº2) (1986)
• Attitude of ECtHR has chilling effect on
  journalism

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Choherr v Austria (1993)

• Obscured military parade
• Arrested for public order offence
• might have caused disturbance(n actual
  evidence)
• ECtHR accepted the broad assertion by the
  government
• Did not consider legitimate right of demonstrator
  to expression of views

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Article 10 Derogations

• 10(2) The exercise of these freedoms, since it
  carries with it duties and responsibilities, may
  be subject to such formalities conditions,
  restrictions or penalties that are prescribed by
  law and necessary in a democratic society
• Prevention of disorder