Legal Restraints

Because magazines are targeted to be read by a mass number of people there has to be a team of people who check the content and make sure it is suitable for the target audience to read. There are 2 main external bodies who does this; the Advertising Standards Authority and the Press Complaints Commission.

Advertising Standards Authority

The ASA is an independent regulator of advertising across all media platforms in the UK. Their main aim is to deal with complaints and also keep control of what is published in any product of the media such as adverts or articles etc to make sure there is nothing offensive, harmful or misleading. If the ASA find anything that breaches any of the UK Advertising Codes the media product must be either removed or changed so that it follows the Advertising Codes. The figures for 2012 show that 31,298 complaints were considered about almost 19,000 cases which resulted in 3700 adverts being either changed or taken down. The regulatory system is made up of self-regulation for non-broadcast advertising and co-regulation for broadcast advertising.

Self-Regulation For Non-Broadcast Advertising

This is where the media industry has voluntarily established and also paid for its own regulation. This works because most media corporations want to make sure they do not mislead, harm or offend their consumers but also because sticking to the rules is a lot cheaper than having to pay legal costs for not following the regulations.

Co-Regulation For Broadcast Advertising

This means that there are 2 systems working together to create the standards. The ASA is responsible for the content standards and Ofcom maintain these standards. In addition, the BCAP (Broadcast Committee of Advertising Practice) is responsible for writing the UK Code of Advertising.

Press Complaints Commission

PCC are an independent company which administers the system of self-regulation for the press. 

Code Of Practice

1	Accuracy
	i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures. ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published. In cases involving the Commission, prominence should be agreed with the PCC in advance. iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact. iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.
2	Opportunity to reply
	A fair opportunity for reply to inaccuracies must be given when reasonably called for.
3	*Privacy
	i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications. ii) Editors will be expected to justify intrusions into any individual's private life without consent. Account will be taken of the complainant's own public disclosures of information. iii) It is unacceptable to photograph individuals in private places without their consent. Note - Private places are public or private property where there is a reasonable expectation of privacy.
4	*Harassment
	i) Journalists must not engage in intimidation, harassment or persistent pursuit. ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent. iii) Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.
5	Intrusion into grief or shock
	i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. This should not restrict the right to report legal proceedings, such as inquests. *ii) When reporting suicide, care should be taken to avoid excessive detail about the method used.
6	*Children
	i) Young people should be free to complete their time at school without unnecessary intrusion. ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents. iii) Pupils must not be approached or photographed at school without the permission of the school authorities. iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest. v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.
7	*Children in sex cases
	1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences. 2. In any press report of a case involving a sexual offence against a child - i) The child must not be identified. ii) The adult may be identified. iii) The word "incest" must not be used where a child victim might be identified. iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.
8	*Hospitals
	i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries. ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.
9	*Reporting of Crime
	(i) Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are genuinely relevant to the story. (ii) Particular regard should be paid to the potentially vulnerable position of children who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.
10	*Clandestine devices and subterfuge
	i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held private information without consent. ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.
11	Victims of sexual assault
	The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.
12	Discrimination
	i) The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability. ii) Details of an individual's race, colour, religion, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.
13	Financial journalism
	i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others. ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor. iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.
14	Confidential sources
	Journalists have a moral obligation to protect confidential sources of information.
15	Witness payments in criminal trials
	i) No payment or offer of payment to a witness - or any person who may reasonably be expected to be called as a witness - should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981. This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict. *ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial. *iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.
16	*Payment to criminals
	i) Payment or offers of payment for stories, pictures or information, which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates – who may include family, friends and colleagues. ii) Editors invoking the public interest to justify payment or offers would need to demonstrate that there was good reason to believe the public interest would be served. If, despite payment, no public interest emerged, then the material should not be published.
THE PUBLIC INTEREST There may be exceptions to the clauses marked * where they can be demonstrated to be in the public interest. 1. The public interest includes, but is not confined to: i) Detecting or exposing crime or serious impropriety. ii) Protecting public health and safety. iii) Preventing the public from being misled by an action or statement of an individual or organisation. 2. There is a public interest in freedom of expression itself. 3. Whenever the public interest is invoked, the PCC will require editors to demonstrate fully that they reasonably believed that publication, or journalistic activity undertaken with a view to publication, would be in the public interest and how, and with whom, that was established at the time. 4. The PCC will consider the extent to which material is already in the public domain, or will become so. 5. In cases involving children under 16, editors must demonstrate an exceptional public interest to over-ride the normally paramount interest of the child.