Showing posts with label Frankie Boyle. Show all posts
Showing posts with label Frankie Boyle. Show all posts

Tuesday, 23 October 2012

WIDER LAW: LIBEL Frankie Boyle wins £50k damages off Mirror's racist libel

Article URL.

Frankie Boyle wins more than £50,000 libel damages from Daily Mirror

Jury decides comedian was libelled by claims he is a 'racist' and that he was 'forced to quit' BBC show Mock the Week
Frankie Boyle
Frankie Boyle. Photograph: Ian West/PA
The comedian Frankie Boyle has been awarded £54,650 in damages after a high court jury found he had been libelled by the Daily Mirror.
Boyle won £50,400 after the jury's verdict on an article that described him as a "racist comedian". Jurors awarded the comedian a further £4,250 over the claim in the article that he was "forced to quit" the BBC2 show Mock the Week.
The publisher of the Daily Mirror, Mirror Group Newspapers (MGN), must also pay an undisclosed amount of costs.
During the five-day trial before Mr Justice Eady, jurors were shown a string of Boyle's jokes from Mock the Week and his Channel 4 show Tramadol Nights. The Scottish comedian told jurors he used racial language in jokes to ostracise other people's racist attitudes and make a point about society.
Several witnesses, including Boyle's manager and the former production editor of Mock the Week, appeared as witnesses in the case in support of the comedian.
The jury took just under three hours to find in Boyle's favour.
Boyle said on Twitter: "I'm very happy with the jury's decision and their unanimous rejection of the Mirror's allegation that I am a racist. Racism is still a very serious problem in society which is why I've made a point of always being anti-racist in my life and work and that's why I brought this action."
Boyle spent hours in the witness box to explain the frequent use of racial references in his sketches. He denied accusations of using offensive words "gratuitously", telling jurors at one point: "There is no way they are an endorsement of racist terminology. It is the absolute opposite of that. If I dressed up as Godzilla, people would not accuse me of wanting to crush Tokyo myself."
David Sherborne, for Boyle, said it would be "political correctness gone mad" if the comedian was labelled as racist for using racial language in his jokes.
MGN argued the "racist comedian" description in its article, published on 19 July 2011, was either true or honest comment. A barrister representing MGN said if jurors thought that Boyle had been libelled they should show their "contempt" by awarding damages of 45p – the price of a copy of the Daily Mirror.
Boyle said he would donate the damages money to charity.
The trial was one of the only libel cases to be heard before a jury in the past decade. Lawyers have increasingly opted for judge-only trials because of financial and time restrictions.

WIDER LAW: CONTEMPT Mail/Mirror fined (Milly Dowler case))

A good example of how wider law acts as a regulator: both the Mail + Mirror were fined (something the PCC didn't have the power to do, but its successor likely will) £10k each for their reporting on the now-convicted killer of Milly Dowler. Press reportage can be seen to influence jury decisions, so the media are not meant to report on live cases in such a way as to make a fair trial problematic.
As the article notes, there were other recent examples of this: 'In July last year, the Daily Mirror was fined £50,000 and the Sun £18,000 for articles on the arrest of Christopher Jefferies, who was later released without charge, in the Joanna Yates murder case. Vincent Tabak was found guilty of her murder in October 2011.'
This comes in the same month as Frankie Boyle won his libel case against the Mirror (called him a racist), being awarded £50k damages.

Daily Mail and Daily Mirror fined for contempt of court

Newspapers fined £10,000 each over coverage of Levi Bellfield's conviction for the abduction and murder of Milly Dowler
Royal Courts of Justice
The Daily Mail and Daily Mirror have been fined £10,000 each for breaching contempt of court laws. Photograph: Alamy
The Daily Mail and Daily Mirror have been fined £10,000 each, and ordered to pay £25,000 apiece in costs, for breaching contempt of court laws with their coverage of Levi Bellfield's conviction for the abduction and murder of Milly Dowler.
The two newspapers were found guilty of contempt of court in July after two senior judges said their coverage risked serious prejudice to Bellfield's trial.
Sir John Thomas and Mr Justice Tugendhat last week ordered the Daily Mail and Daily Mirror to pay £10,000 each, plus £25,000 apiece in costs.
However, reporting restrictions meant the fines could not be made public until after the verdict in comedian Frankie Boyle's libel trial against the Daily Mirror had been delivered on Monday. Boyle won his case against the Daily Mirror and was awarded more than £50,000 in damages.
The Bellfield articles were published by the Daily Mirror and Daily Mail on the day after his conviction for the murder and abduction of Milly Dowler, while the jury was considering another charge on the attempted kidnapping of Rachel Cowles.
The articles contained background information about Bellfield, which the high court said went far beyond what the jury had been told in court.
The Daily Mirror reported allegations of Bellfield's violent treatment and sexual abuse of his ex-wife and a former partner, and an allegation that he had once boasted of raping a disabled girl.
Sir John Thomas, high court judge and president of the Queen's Bench division, said: "Bearing in mind the amount of costs paid, we can take the course in this case of fining each newspaper at the very bottom end of the scale, namely £10,000 each.
"But for the future the message is clear and the court's observations, we hope, will ensure others exercise the most scrupulous care at the critical time in a case where only some verdicts have been returned and others remain outstanding."
Both the Daily Mirror and Daily Mail expressed surprise and disappointment at the contempt verdict in July.
They questioned whether their coverage had an adverse impact on a jury which had already found Bellfield guilty of two murders.
In July last year, the Daily Mirror was fined £50,000 and the Sun £18,000 for articles on the arrest of Christopher Jefferies, who was later released without charge, in the Joanna Yates murder case. Vincent Tabak was found guilty of her murder in October 2011.

Tuesday, 10 May 2011

OfCom rulings [post contains some strong language]


Jason Gardiner (Dancing on Ice judge) garnered 3,500 complaints to OfCom about his bullying, sexist behaviour towards fellow judge Karen Barber.
Interesting how they responded - note the similarities to PCC style: they spoke to the producers, who spoke to Gardiner and reported back that the matter had been resolved internally; OfCom announced there was no need for a formal ruling.

The Frankie Boyle case on on Tramadol Nights: he made a joke about Katie Price's 8-yr-old handicapped child. OfCom recieved 500 complaints. C4 had written to Price, but she went to OfCom, who stated that the 7.12.2010 programme was preceded by a warning about the "very strong language" and ruled the show had NOT broken their programming code.: 'The comedian Frankie Boyle has been rapped over the knuckles for "offensive" jokes he made on Channel 4 about Katie Price's disabled eight-year-old child, Harvey.
During an episode of the comedy Tramadol Nights, Boyle joked: "Jordan and Peter Andre are still fighting each other over custody of Harvey - eventually one of them will lose and have to keep him."
He then added: "I have a theory about the reason Jordan married a cage fighter - she needed a man strong enough to stop Harvey from fucking her."
Media regulator Ofcom received more than 500 complaints about the joke, including one from Price – once better known as the glamour model Jordan - who posted on her website: "To bully this unbelievably brave child is despicable, to broadcast it on television is to show a complete and utter lack of judgment".
But although Ofcom has condemned Boyle and Channel 4 for breaching broadcasting rules, it has not imposed any punishment, such as a fine or on-air apology.
Channel 4 argued at the time that the comments were merely satirical and absurdist. Chief executive David Abraham personally sanctioned the episode before it was broadcast.
The broadcaster also claimed Boyle was making fun of Price, better known as former-glamour model Jordan, for her "exploitation of her children for publicity purposes".
But Ofcom ruled that this did "not provide broadcasters with unlimited licence... This position applies even more firmly in a case in which the child is as young as eight years old, and has a number of disabilities which are specifically focussed on".
Boyle has been in trouble before for jokes about Downs Syndrome sufferers, Olympian Rebecca Adlington's looks and the Cumbria massacre.'
Read OfCom ruling here.

OfCom revoked the licenses of four adult channels [ie porn] for repeatedly broadcasting porn pre-watershed. from the Guardian: 'Ofcom said the ruling should act as a warning to other adult channels, such as Richard Desmond's Television X and Babestation. The regulator plans to meet all licensees in this sector to ensure they are serious about adhering to the broadcasting code.
In July, Ofcom fined London-based Tease Me owners Bang Channels Limited and Bang Media Limited a total of £157,250 for "manifest recklessness" in its compliance system.
More than 60 individual breaches have been committed by the channels in the past 18 months, Ofcom revealed today.
Last week Ofcom suspended transmission of Tease Me, Tease Me TV, and Tease Me 2 and Tease Me 3. Today the regulator revoked their licences with immediate effect.'

The X Factor final 2010 was at the very edge of acceptability for pre-watershed, but ultimately DIDN'T break the code. 'The "sexualised" pre-watershed scenes, aired in December on ITV1 at the end of the seventh series, sparked 2,868 complaints to the media regulator.' 't stated that Rihanna's performance on the same night, where she removed a wraparound dress to parade on stage in a bikini, was not inappropriate for the time when it was broadcast.
But it said that Aguilera's burlesque-style routine "was at the very margin of acceptability for broadcast before the 9pm watershed and especially" when it was repeated at 9.30am the next day.
It has now asked ITV to attend a meeting on the issue. As a result of the broadcast, Ofcom also wants broadcasters who intend to transmit similar material to meet the watchdog to discuss whether it complies with the broadcasting code.
Viewers complained that the material should not have been on "a family show", and that the raunchy content was "too sexually explicit and inappropriate for the young audience".
But ITV said that burlesque routines had become "almost mainstream" and that it had used certain camera angles and wide shots to minimise potential offence following rehearsals.'

Chris Moyles [radio eg] has been repeatedly censured by OfCom, showing the OfCom/BBC overlap. In this case, it was for a reference to 'gay' and Will Young. He changed the words of 2 Will Young songs, singing them in a camp fashion. The BBC defended him, but OfCom found him guilty having received 8 complaints: 'Ofcom received eight complaints from listeners who said Moyles's spoof lyrics were offensive and derogatory towards the gay community.
The BBC acknowledged that the comments had been misjudged and unacceptable, adding that Radio 1 controller Andy Parfitt had spoken to Moyles and his production team about the matter. Parfitt has also written to Moyles's agent to make clear the material was unacceptable, the corporation said.
But the BBC, in its response to Ofcom, denied that Young was ridiculed because of his sexuality.
"[The BBC] said regular listeners to the programme will have been aware that Will Young has been a guest on the show a number of times. The audience in general would have been clear that such remarks were not intended to be taken as hostile or derogatory," Ofcom said today in its ruling.
Ofcom added that it recognised that Moyles's show was "well known for its irreverent style and humour", but said in its opinion his comments were "clearly based on the singer's sexuality and therefore capable of giving offence".
Moyles was censured by Ofcom in 2006 after he told a caller to his breakfast show "You've got some kids from some fucking...", before tailing off. But in the same year he was defended by the BBC governors – the predecessor of the BBC Trust – after he described a ringtone as "gay".
The governors said he was justified in using the word to mean "lame or rubbish" because its playground meaning had changed for many children.'

Zac Goldsmith was furious after OfCom rejected his complaint.

Bang Media - 4 of their adult 'Tease Me' channels had their licenses revoked. They'd been found guilty of over 60 violations of the Communications Act 2003 Section 3 (protection of the public from harmful material, and especially vulnerable children). They had been fined £160,000 previously, but were banned for broadcasting what OfCom described as R18-strength porn pre-watershed.

C4 doc The Great Global Warming Swindle, broadcast 8.3.2007, saw OfCom receive 256 complaints (C4 took 758 calls and emails of which 1 in 6 was in favour). OfCom found the programme to be within the code.

Wayne Rooney's swearing rant, broadcast live by Sky Sports in April 2011, was seen as NOT a breach of the code as Sky took every possible step to diminish the imact, quicky cutting away, but OfCom released a letter to viewers on this.