Tuesday, 28 September 2010

statuatory constraints on the press

Official Secrets Act





People working with sensitive information are commonly required to sign a statement to the effect that they agree to abide by the restrictions of the Official Secrets Act. This is popularly referred to as "signing the Official Secrets Act." Signing this has no effect on which actions are legal, as the act is a law, not a contract, and individuals are bound by it whether or not they have signed it. Signing it is intended more as a reminder to the person that they are under such obligations. To this end, it is common to sign this statement both before and after a period of employment that involves access to secrets.





Contempt of Court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt", such as a person "held in contempt", it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.
A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.




Sexual Offenses Act



The Sexual Offences Act 2003 (the Act) came into force on the 1 May 2004. It repealed almost all of the existing statute law in relation to sexual offences. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
The main provisions of the Act include the following:
Rape is widened to include oral penetration
Significant changes to the issue of consent and the abolition of the Morgan defence
Specific offences relating to children under 13, 16 and 18
Offences to protect vulnerable persons with a mental disorder
Other miscellaneous offences


Race Relations Act
The Race Relations Act 1976 was established by the
Parliament of the United Kingdom to prevent discrimination on the grounds of race.
Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.
The Act also established the
Commission for Racial Equality with a view to review the legislation, which was put in place to make sure the Act rules were followed.
The Act incorporates the earlier
Race Relations Act 1965 and Race Relations Act 1968 and was later amended by the Race Relations Amendment Act 2000, notably including a statutory duty on public bodies to promote race equality, and to demonstrate that procedures to prevent race discrimination are effective.
In 2006 additional legislation, the
Racial and Religious Hatred Act 2006, included the additional offence of inciting religious hatred.



Data Protection Act

The Data Protection Act 1998 (DPA) is a
United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Although the Act itself does not mention privacy, it was enacted to bring UK law into line with the European Directive of 1995 which required Member States to protect people's fundamental rights and freedoms and in particular their right to privacy with respect to the processing of personal data. In practice it provides a way for individuals to control information about themselves. Most of the Act does not apply to domestic use,[1] for example keeping a personal address book. Anyone holding personal data for other purposes is legally obliged to comply with this Act, subject to some exemptions. The Act defines eight data protection principles.

Human Rights Act

The Human Rights Act 1998 gives further legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights. These rights not only impact matters of life and death, they also affect the rights you have in your everyday life: what you can say and do, your beliefs, your right to a fair trial and other similar basic entitlements.
Most rights have limits to ensure that they do not unfairly damage other people's rights. However, certain rights – such as the right not to be tortured – can never be limited by a court or anybody else.
You have the responsibility to respect other people's rights, and they must respect yours.
Your human rights are:
the right to life
freedom from torture and degrading treatment
freedom from slavery and forced labour
the right to liberty
the right to a fair trial
the right not to be punished for something that wasn't a crime when you did it
the right to respect for private and family life
freedom of thought, conscience and religion, and freedom to express your beliefs
freedom of expression
freedom of assembly and association
the right to marry and to start a family
the right not to be discriminated against in respect of these rights and freedoms
the right to peaceful enjoyment of your property
the right to an education
the right to participate in free elections
the right not to be subjected to the death penalty
If any of these rights and freedoms are breached, you have a right to an effective solution in law, even if the breach was by someone in authority, such as, for example, a police officer.

No comments:

Post a Comment