Section 40 Briefing DocumentTo find out the NMA's position on Section 40 download our briefing document Show
Why is it important?The press provides the platform for a multiplicity of voices to be heard. At national, regional and local level, it is the public’s watchdog, activist and guardian as well as educator, entertainer and contemporary chronicler. Press freedom is an essential pillar to any democracy. As the eyes and ears of the public, journalists must be able to report upon matters of public interest without fear of arrest or other forms of interference. Current threatsThe battle between politicians and the press in the wake of the Leveson Inquiry has abated but not disappeared. Section 40 of the Crime and Courts Act 2013 is designed to punish newspapers in libel and privacy cases – even if they win – if they have refused to sign up to state-backed regulation, a mixture of medieval prerogative and political control. No significant publications have chosen to submit to this regime. Instead, the majority of the industry – nationals, regionals and magazines – has signed up to a tough new system of self-regulation under the Independent Press Standards Organisation which started work in September 2014. The Government is committed to the repeal of Section 40 at the first appropriate opportunity. Other threats to press freedom include proposals for an online harms regime, unless news publishers’ websites and content are exempted, Law Commission proposals for tougher criminal laws against government leaks, efforts to water down Freedom of Information legislation which the NMA has successfully campaigned against, new court reporting restrictions, and the use of state surveillance powers to uncover journalists’ sources. Journalists in the UK are already subject to a wide range of legal restrictions. These include libel laws, official secrets and anti-terrorism legislation, the law of contempt and other legal restrictions on court reporting, the law of confidence and development of privacy and data protection actions, intellectual property laws, legislation regulating public order, trespass, harassment, anti-discrimination and obscenity. There is some special provision for journalism and other literary and artistic activities, chiefly intended as protection against prior restraint, in the data protection and human rights legislation. There are some additional judicial safeguards requiring court orders or judicial consent before the police can gain access to journalistic material or state agencies can instigate surveillance in certain circumstances but, in practice, the law provides limited protection to journalistic material and sources. What action do we want to see?The NMA campaigns to safeguard press freedom, and to promote freedom of expression, open government and open justice. It resists any special controls on the press. It continues to make the case for independent self-regulation of the press versus any form of state-backed regulation. The industry remains wholly opposed to the Royal Charter and the legislation underpinning it. LatestCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Protected by the First Amendment, a free press means our government answers to the people. An independent news media uses its watchdog role to investigate and report on government overreach and wrongdoing and hold those in power accountable for their actions. You can’t have democracy without a free press Because of press freedom, we get to decide what news, information and entertainment to consume. The government does not have the power to select which media to allow. Our exposure to a variety of viewpoints encourages self-expression and debate and helps us make informed decisions
about our community and country. This core freedom also entertains us, provides a “first draft of history” and spurs some of us toward activism. At its best, the press connects us and provides information we rely on to participate in public life – protecting all our freedoms. In general, courts have defined “the press” to include all publishers.
Broadcast and cable stations, newspapers, magazines and digital publications enjoy freedom of the press. The line can get blurry for independent journalists or freelancers, which today can mean anyone with a smartphone. Social media sites are a growing source of news. The companies that own these sites have their own First Amendment rights of free speech.
Can Government Officials Block You Online?Can government officials get blocked – or block you? Read More
 Perspective: Why Arguments for Regulating Social Media Fail the First Amendment TestThese companies have their own First Amendment rights some proposed regulations could violate. Read More
Perspective: What if the Nation’s Founders Had Been Able to Tweet?The nation’s founders didn’t have access to today’s social media – but what if they had? Read More What does a free press do?Press freedom in action takes many forms. Around the world, many people believe a free press ensures a thriving democracy. People have a need to know. Journalists have a right to tell. News is history in the making and journalists provide the first draft of history. The information gathered by journalists allows people to make decisions and participate in democracy, such as by voting or petitioning the government. For decades, many Americans have believed that diversity affects the quality of journalism. More diversity in the news and among the people who produce journalism can have a significant impact – whether that diversity reflects race, gender, sexual orientation and identity, life experience or ideology. Today’s Front PagesThe Freedom Forum’s Today’s Front Pages app allows you to explore the power of press freedom, bringing hundreds of newspaper front pages from around the world to your fingertips each day.
Alberto Ibargüen: A Vision to Reinvent Local NewsWe explore the impact of the 2022 Free Expression Awards honorees. Read More
Guest Perspective: Free Press, Diversity and the Digital AgeHow one daily digital news outlet, Indian Country Today, is defying the odds and diversifying news. Read More
Perspective: Amid AIDS Crisis, LGBTQ Press Won Key First Amendment BattleLGBTQ media has had to fight for our First Amendment rights our entire existence. Read More What are the rights of and limits on the press?The press can decide what to publish – and what not to publish News organizations can’t be forced to publish certain content – or prevented from publishing what they want, in most cases. They have a First Amendment right to refuse letters to the editor and ads. Because they are privately owned entities whose editors have control over content, they are free to promote whatever political, social or economic view they wish. News organizations are protected from government censorship. They cannot be ordered to let government agencies or officials review reporting before it is published, a practice called prior review. Except in the most serious national security situations, they cannot be stopped from publishing, or prior restraint. This protection is key to press freedom because a primary role for the press is to hold government accountable, an impossible job if there’s a possibility or fear of censorship. Limits on the pressUnless restricted by a valid prior restraint (which is rare), the news media are free to publish any information or opinion they want. This freedom, however, does not always protect them from liability. An outlet that publishes false information about a person, for example, can be sued for libel. A news organization similarly can be sued if it unlawfully invades a person’s privacy – like by trespassing on private property without the owner’s consent or harassing someone by continually following them. Most journalists strive to exercise their freedom to publish in a responsible and ethical manner.
What about student media?Because of a 1988 Supreme Court decision, public elementary and secondary school officials generally have broad leeway to censor school-sponsored publications. NewsgatheringReporting and photographing in public placesJournalists gather news by observing, talking to people, taking photos and recording videos. Journalists aren’t guaranteed access that others aren’t, but they can be in public anywhere any of us can, with the same rights and restrictions. The courts have generally stood behind journalists who act reasonably in trying to get information — but courts have not protected those who blatantly disregard police orders. Courts have recognized under the First Amendment that journalists can be left alone by the police, so long as they do not unreasonably interfere with or obstruct police activity or risk their own personal safety. The Supreme Court has said that recording video in public places can be protected speech if the recorder – professional journalist or otherwise – has a message and an audience to receive it. What courts don’t all agree on is what limits and restrictions are OK, for example, whether there is sometimes or always a right to record police activity, or whether laws or policies can limit the circumstances in which recording can take place.
The Life and Legacy of Photographer Ted PolumbaumLearn about the life and work of acclaimed freelance photographer Ted Polumbaum, who over his 40-year career captured some of the nation’s most memorable moments. Read More
Perspective: Assaults on Local Reporters are a Slap in the Face of Our Right to KnowA growing trend should trouble all Americans see the U.S. as an example of freedom to the world. Read More
Memo to Police: Journalists Have a Duty to Observe, Report – Even Amid ChaosA “watchdog” press can hardly report to the rest of us if gets arrested while trying to watch. Read More LeaksBecause the news media’s role includes being a watchdog on the government, the press often gets insider information from leakers who share information about the government that isn’t public and whistleblowers who share evidence of government wrongdoing. While there are laws to protect whistleblowers, leaking can sometimes be a crime. But journalists can’t be punished for publishing info that was obtained illegally, if the journalist didn’t do anything illegal. Some states have “shield laws” that protect journalists from being forced to reveal the sources of their reporting and punished if they refuse, but there isn’t a federal equivalent. How does press freedom protect information access?A core component of press freedom is making sure the public has access to information that it has a right to know. The Freedom of Information Act and its counterparts in the states guarantee us the right to request records from any government agency. The law, known as FOIA, enhances our First Amendment rights and directly benefits society because information obtained under the law could expose government wrongdoing.
When Leaks Dry Up, We Turn To FOIAThe Freedom of Information Act requires the government to hand over its records if someone asks for them. Read More
Leaks and the MediaWhen sharing or publishing insider information is OK. Read More
Perspective: The Roe v. Wade Leak Shows the Benefit of a Free PressJournalists’ job is to keep us as informed and up to date as possible on matters of public interest. Read More
Where America stands on press freedomAmericans support the watchdog role of the press but are concerned about how they see this being executed. Americans are divided and uncertain about reliable sources of news and about whether the media does a good job. Learn more from our "Where America Stands" survey. How can I be a savvy news consumer?The First Amendment gives us access to a full range of information and freedom to do with that information as we choose. It protects not only good journalism, but also flawed or half-hearted attempts at news. As information consumers, we don’t want to be misled, falling for every fake headline. We don’t want to be so skeptical it’s impossible to trust anyone or recognize facts, either. And now, we are all content creators and gatekeepers, charged with deciding what we should or should not share. It’s up to us to analyze and evaluate content we see online or on TV, to make informed decisions about how we wield our freedoms to shape our world. With the right tools, we can:
Explore the Freedom Forum’s tools and resources to find the information you need and evaluate its worth. Sign up for a free education account to get access to copyright-protected material only available to registered users. How we’re improving journalismThe Freedom Forum sponsors programs to support a strong free press and journalists at all levels of their careers. These programs are geared to high school students interested in journalism careers, early career journalists and those already in leadership roles. The goal: By supporting journalists and promoting diversity and opportunity for all in newsrooms, news content will improve. Power Shift ProjectThe Power Shift Project works to improve newsroom culture and coverage. Free Spirit ConferenceThe Al Neuharth Free Spirit conference promotes journalism to high school students Chips Quinn ScholarsChips Quinn Scholars train and mentor young journalists Which of the following statements is true of the public's belief of the press quizlet?Which of the following statements is true of the public's belief of the press? The press is successful in fulfilling its role as a watchdog.
What are the primary functions of the press in a democracy quizlet?The four main functions of news media are surveillance, interpretation, socialization and manipulation.
Which of the following statements best describes the effect of the media on public opinion and eventually public policy quizlet?Which of the following statements best describes the effect of the media on public opinion and eventually public policy? The media set the agenda, frame issues, and color public perceptions about alternative public policies.
Which of the following is correct concerning the relationship between the press and politicians quizlet?Which of the following is correct concerning the relationship between the press and politicians? The press and politicians generally have an adversarial relationship, each having different goals.
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Which of the following statements is true of the publics belief of the press?
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