Blog Archives

Newprt Spoof Blocked from release

Newport State of Mind: songwriters pulled the video from YouTube | Media | guardian.co.uk

The Parody “Newport State of Mind” has been removed from YouTube after the original 7 writers of ‘Empire State of Mind” refuse to allow the parody to be released.
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Legal Infringement of Press Rights

G20: NUJ considers legal action over police treatment of photographers | Media | guardian.co.uk

An NUJ lawyer is looking into an incident in which a City of London police officer ordered photographers to clear the junction of Royal Exchange Passage and Cornhill for 30 minutes during the G20 protests on 2 April – and was recorded doing so on video.

“We are examining the potential for a case but have made no decision about pursuing it yet,” an NUJ spokesman said.

In the video, an unidentified police officer threatens photographers and a TV crew, thought to be from Sky News, with arrest under section 14 of the Public Order Act if they do not clear the area. The incident took place at around 3.46pm on 2 April.

Section 14 of the Public Order Act is intended primarily to disperse potentially disruptive or violent gatherings.

And Later in the Article….

Photographers have complained that police have also used stop and search powers under section 44 of the Terrorism Act to stop people taking photographs – prompting the Home Office to issue guidance making clear that officers should not use such methods.

If the NUJ strike they will be challenging a big change in the law imposed upon free speech on the pretense of ‘Anti-terrorist’ legislation. If this is left unchallenged, we will see a lot worse passed through the statute books.

Press Freedom was eroded by Thatcher during the Miners Strikes, and NuLabour have continued this with apparent glee.

Screw Viacom

BBC NEWS | Technology | YouTube law fight ‘threatens net’

Viacom do not like you watching their films and TV shows for free. They do not want you to do it, and they definitely do not want You Tube to show them. They want them off. Now.

And in case you hadn’t noticed, music sales are up and the music industry is getting stronger. Even though there is still a healthy pirate culture who will download for free, legal online sales are rising. Illegal downloading is starting to replace radio as a means of advertising songs and new artists.

The company says the infringement also included the documentary An Inconvenient Truth which had been viewed “an astounding 1.5 billion times”.

So if you want to watch a documentary on Global Warming, watch it on a small disc that used a huge amount of oil and energy to produce, in a plastic case that has been flown and driven to a shop that you then drove to to buy for £3. Hmmmmm.

Junk food ban opposed

The bill to outlaw advertising junk food during programmes watched by children has been opposed by Opposition MPs. They cite the responsibility of the parent in their children’s diet.

If successful, the bid would have a huge effect on Children’s TV who rely on the advertising revenue.

BBC NEWS | Politics | MPs block junk food advert ban

How the Data Protection act does not really apply to media and art

Data Protection Act 1998 (c. 29)

Section 32 Journalism, literature and art

(1) Personal data which are processed only for the special purposes are exempt from any provision to which this subsection relates if—

(a) the processing is undertaken with a view to the publication by any person of any journalistic, literary or artistic material,

(b) the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and

(c) the data controller reasonably believes that, in all the circumstances, compliance with that provision is incompatible with the special purposes.

(2) Subsection (1) relates to the provisions of—

(a) the data protection principles except the seventh data protection principle,

(b) section 7,

(c) section 10,

(d) section 12, and

(e) section 14(1) to (3).

(3) In considering for the purposes of subsection (1)(b) whether the belief of a data controller that publication would be in the public interest was or is a reasonable one, regard may be had to his compliance with any code of practice which—

(a) is relevant to the publication in question, and

(b) is designated by the Secretary of State by order for the purposes of this subsection.

(4) Where at any time (“the relevant time”) in any proceedings against a data controller under section 7(9), 10(4), 12(8) or 14 or by virtue of section 13 the data controller claims, or it appears to the court, that any personal data to which the proceedings relate are being processed—

(a) only for the special purposes, and

(b) with a view to the publication by any person of any journalistic, literary or artistic material which, at the time twenty-four hours immediately before the relevant time, had not previously been published by the data controller,

the court shall stay the proceedings until either of the conditions in subsection (5) is met.

(5) Those conditions are—

(a) that a determination of the Commissioner under section 45 with respect to the data in question takes effect, or

(b) in a case where the proceedings were stayed on the making of a claim, that the claim is withdrawn.

(6) For the purposes of this Act “publish”, in relation to journalistic, literary or artistic material, means make available to the public or any section of the public.

CCTV Legislation 2008

The guidelines were updated in January 2008 (mainly due o concerns over CCTV recording personal conversations) and contain 62 legally enforceable CCTV standards (plus an additional 30 best practice recommendations) that must be adhered to in order to ensure your surveillance equipment complies with the 1998 Data Protection Act.