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Spring 2009 NCE: Newspaper Practice

NEWSPAPER PRACTICE
203 candidates
144 passed

Candidates' performance on the newspaper practice paper was generally good, although there were fewer high passes than on previous sittings. These candidates who achieved excellent marks had produced some very impressive papers.

As usual, the law questions featured 'core' legal issues such as libel, contempt and reporting restrictions.

Some legal issues less frequently seen were also included, such as rehabilitation of offenders, but they did not take up a high proportion of the marks for the questions.

The most common errors encountered were:

  • Question one: a failure to understand what qualified privilege protects and what qualities a report needs to have to enjoy this defence.
  • Question two: a failure to spot the dangers of contempt of court and what amounts to a substantial risk of serious prejudice.
  • The defence of qualified privilege is central to journalism in the UK due to the huge array of documents and circumstances it protects.

    The danger of reporters not knowing it properly is twofold. Firstly they may allow libellous material into their publication. Secondly they may avoid publishing stories for fear of a libel action, when qualified privilege is, in fact, available as a defence.

    Likewise, in question two, with an arrest and appearance in court, it should have been clear that the issues here were contempt and reporting restrictions - the sort of legal issue dealt with every day by senior reporters.

    Candidates are strongly advised to note that where the questions are sub-divided into a, b, c etc, they should sub-divide their answer accordingly. Writing one huge answer to multi-part questions is somewhat testing for markers and the candidate runs the risk of failing to achieve maximum marks because of a lack of clarity about what is being answered.

    Generally, candidates who failed the paper will have done so because of an error which, if repeated in reality, would cost their employer money and/or involve publishing a correction.

    Markers are not looking for long law essays for these questions. A simple, short statement of what the law is that applies to the particular question, followed by an explanation of what the candidate would do, knowing that law, should usually suffice.

    On the practice questions markers were impressed by those candidates who demonstrated originality coupled with thoroughness; showing they could get the story, but added a little extra by imaginative use of sources and questions.

    Once again, a few candidates suffered through poor timing, apparently having rushed practice questions, having spent a little too long on the law question. The markers and moderator congratulate those who passed this time and hope this report will assist those attempting this paper in the future.





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