Articles for the topic Broadcasting

Press Regulation and Exemplary Damages

On 17 March, the three main political parties struck an eleventh hour deal on a new regulatory regime for the press. The agreement, made in the wake of the Leveson Report, will establish a regulator with new powers. We outline exactly what has been agreed and how this will affect news publishers. Then we consider one of the more controversial aspects of the deal concerning exemplary damages, and the likelihood of success of a press challenge based on Human Rights legislation.


Hargreaves: Changes to Protection of Copyright Protected Works

On 20 December 2012 the Government published its final response to the Copyright Consultation following the recommendations made in the Hargreaves Review. What changes can we expect and what has been the reaction to the proposals?

Ofcom decision on Fit and Proper Assessment of Sky

An analysis of Ofcom’s recently published decision that Sky remains a fit and proper person to hold a broadcasting licence.


Hillsborough and The Cover Up: Can Our Legal System Regain Public Confidence?

In the last few weeks we have had to confront the inadequacies not only of the police and emergency services’ response to the Hillsborough disaster in 1989, but also that of the legal system which has taken over two decades to investigate the tragedy to anything approaching an acceptable standard.

Infringement of Copyright in Non-Fiction Works: From Luxembourg to Darlington

Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of “Flipper”, a disabled supporter of Darlington Football Club.


Ofcom and the Pub Landlord: Have Sky and (FAPL) Won?

The summer’s exciting sporting action has not entirely obscured important developments off the field in the Pay TV market. Ofcom has been trying for a long time to loosen Sky’s grip on Premier League rights and BT Vision has bought a package of rights at considerable expense. However Ofcom has lost a significant battle before the Competition Appeal Tribunal . And it looks as if the pub landlady’s much trumpeted “victory” will be snatched from her as the Premier League curtails the number of foreign broadcasts. Stephen Hornsby asks whether it is now time for the regulatory authorities to move on.