Book reviews

Scots Law for Journalists was first published in 1965, then compiled by Dr Eric Clive and George Watt. This, the seventh edition, continues a tradition of providing a textbook for the trainee and an indispensable reference book for the experienced journalist and the busy editor, upholding the high standards which have been the hallmark of previous editions.

'Media law', as it has become known, appears to be developing at an accelerating pace. The speed of change therefore makes it difficult to pinpoint the optimum moment for the publication of a textbook on media law, as it may be rapidly superseded by developments. The five years since the publication of the sixth edition of Scots Law for Journalists has seen a number of significant developments in the law as it affects the media in Scotland, not least the 'incorporation' of the European Convention on Human Rights. It is however probably true that the seventh edition has been published at an appropriate point in time, since the impact of the ECHR has become clear enough to allow the authors to confidently predict how the law may develop in the near future.

Another significant development has been the continuing growth of information technology, not least the rise of the internet. Many statutes have been created in order to deal with this phenomenon, and since information is the stuff of journalism, journalists are therefore affected by many of these changes. Thus, the 7th edition now covers the Data Protection Act 1998 and the twin Regulation of Investigatory Powers Acts of 2000 emanating from the Westminster and Scottish Parliaments respectively. These are dealt with in a considerably expanded 'Access to Information' chapter (eight) which, in addition to continuing to provide the court reporter with excellent practical advice, also includes an appropriately critical section on the proposed Freedom of Information legislation.

It is worth commenting on the treatment of the Data Protection Act 1998. Although certainly not exhaustive or detailed, in this reviewer's opinion the treatment is typical of one of the book's main strengths: namely its ability to distil what knowledge is required by the journalist and present it in an appropriately critical and contextual way. Thus the reader is succinctly advised of how to take advantage of the pre-publication compliance exemption but warned that the effect of this exemption may be to give the 'self-regulatory' Codes of Practice legal force by the back door. However, data protection also features in the following chapter (new for the seventh edition) 'News Gathering' - chapter nine. To some extent this chapter covers similar ground to the 'Access to Information' chapter and begs the question would it have been better to combine both chapters into one, especially since this would probably avoid the need for cross referencing (which features in chapter nine but not in chapter eight).

Although Scots Law for Journalists anticipates its audience to comprise mainly those involved in the media, it now recognises that Media Law has become a legal topic in its own right. Thus, for the first time the seventh edition features a welcome Table of Cases and a Table of Statutes. These are invaluable additions for law students and practitioners, and for legal academics, many of whom already find this book extremely useful. For the journalist and editor, appendices include the BSC and PCC codes and extracts from the Defamation Act 1996 and the Contempt of Court Act 1981.

Contempt of court and defamation undoubtedly remain in practice the most important aspects of the law for journalists, carrying the dangers of imprisonment and of substantial damages awards for the unwary. Thus, both of these subjects are covered in detail in appropriate chapters. However, although treatment of these subjects is commendably up to date, given that there have been significant developments in each of these areas since publication of the sixth edition the relevant chapters have not been rewritten to the extent one might have expected. Analysis of the recent case law on contempt, which as the book states has indicated a significant liberalisation of judicial attitudes towards freedom of speech, appears to have been grafted into what was previously there. Similarly, the section on defamation starts by commenting that Reynolds v Times Newspapers [1999] 3 WLR 1010 appears to have shifted the landscape but the rest of the section follows the same thrust as in the sixth edition. As a consequence these sections do not appear to flow as well as they might.

There are a couple of very minor problems – in the table of contents the chapter on the Legal Profession is called Legal Practice and the tables referred to in the chapter on the Rehabilitation of Offenders Act are missing. That said, this book does exactly what it says on the cover – it 'continues to provide readers with a first-class guide to a dynamic and fascinating area of law'

One final comment – the English equivalent, McNae's Essential Law for Journalists, has recently been updated every two years to keep up with changes in the law. Given the momentum for change now also apparent in Scotland, the eighth edition of Scots Law for Journalists may not be far away.

Brian Pillans