A career spent mostly in courtrooms makes for an interesting worldview, as many lawyers know all too well. As do I, having spent the vast majority of my two decades so far in journalism covering courts, including a long stint at the Royal Courts of Justice, writing the first drafts of history.
For one thing, criminal cases have the obvious potential to make one rather cynical about fellow human beings, as well as feeling quite scarred. But for my part, it has mostly been a long, enjoyable and continuing education in the complexities of human life from cradle to grave (and sometimes beyond). And yes, that includes such specialist subjects as football WAGs and Johnny Depp’s property portfolio. Things have come a long way since Dickens took a shorthand note.
I’ve always been fascinated by that nexus between the media and the law since I first decided journalism was the career for me, especially because it is often only at the forefront of minds when something has gone awry. For instance, the textbook I co-author, McNae’s Essential Law for Journalists, is full of cautionary tales of tabloid excess and exorbitant fines for error. Terrifying for trainee journalists and seasoned editors alike. Contrary to a somewhat popular belief, the vast majority of journalists take incredibly seriously their duty to report fairly, accurately and in the public interest. They also don’t like the prospect of being jailed or sued very much, funnily enough.
This week, I’ve joined the team at The Athletic UK to work on their standards, an appointment which shows the commitment of such media outlets to ensuring those duties are upheld. In short, it’s no good having the best writers in the world if the fundamentals of responsible, ethical and legally sound journalism aren’t embedded in the fabric of a newsroom. At a time when people are increasingly prone to litigating over a stray word, or at the very least threatening to, it feels more important than ever for journalists to know their rights and push the envelope, but also remain on the right side of the line.
As I’ve been meeting new colleagues and exploring the possibilities of this role, a favourite topic of conversation in the newsroom has been the dreaded legal letter. The threat of legal action over your words. Or, in some cases, the words of an editor or sub who has taken a leap for an eye-catching headline or standfirst. I’ve had three in my career, two from the same WAG (I’ll leave readers to work out this whodunnit).
Mercifully, none went any further. But each one made me feel as though my soul might leave my body there and then. The rock stars of journalism, the investigative types, probably get three a week and eat them for breakfast. It’s an occupational hazard. The Private Eye gang positively relish them. As a court reporter, it was mortifying.
As Wall Street Journal editor Emma Tucker told the recent Truth Tellers summit, held annually to honour the memory of Fleet Street legend Sir Harry Evans (pictured), journalism is increasingly under attack before a word is even published. The chilling effect is real and wide-ranging. And campaigners continue to call for urgent action on SLAPPs, though, while people are still unable to agree on a definition, this could prove tricky. Interesting times.
There are always two sides to a story, however, and another journalistic duty is to explore the full range of views on offer. I’ve recently been exploring our current media law landscape in the Gazette, through features on contempt of court and defamation. These long-form articles have been an opportunity to speak with and listen to contacts, colleagues and friends in both professions and to take the temperature on these important issues that affect us all.
Next month, I’ll be doing another deep dive into employment tribunals and later in the year, my favourite subject of court reporting will be under the spotlight (spoiler – it’s not dead, but on life support and we need to find a way to save it).
This column is another way to continue those conversations, and I welcome readers’ ideas for future editions.
Sian Harrison is a freelance journalist and co-author of McNae’s Essential Law for Journalists
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