Legal Issues Exam Questions

Answer: (B) Defamation (1)

Guidance

Correct answer only

Answer: (D) Permission (1)

Guidance

Correct answer only

Answer: (A) Damage to their reputation (1)

Guidance

Correct answer only

Answer: (D) Model release form (1)

Guidance

Correct answer only

Do not accept: Any other option

Correct answer only

Indicative content

• Libel (1)

Guidance

Do not accept:

Defamation - TV

Slander - it is a spoken statement

One from

Indicative content

• Slander (1)
• Spoken defamation (1)

Guidance

Accept equivalent terminology

Do not accept:

Defamation - TV

Libel

Correct answer only

Indicative content

• Harassment (1)

Correct answer only

Indicative content

• Harassment (1)

Two from e.g.

Indicative content

• Ask patients/staff for consent before filming them (1)
• Blur the faces of anyone who does not consent (1)
• Only film in areas of the hospital agreed with staff/management (1)
• Follow the hospital's rules for filming (1)
• Do not film anyone who has asked not to be filmed (1)
• Avoid filming children/patients who cannot consent without permission (1)
• Remove identifying details from the documentary (1)
• Do not obstruct the highway when filming in the street (1)
• Do not harass people in the street / stop filming anyone who asks you to (1)
• Ask people in the street if they are happy to be filmed (1)
• Award credit for any other appropriate response

Guidance

Accept equivalent terminology

Do not accept:

Copyright, libel or data protection on their own without saying how they protect privacy - TV

Two from e.g.

Indicative content

• Check that claims/facts in the article are accurate/true (1)
• Keep evidence/proof for statements made (1)
• Use reliable sources (1)
• Offer the restaurant a right of reply/give the restaurant a chance to respond before publishing (1)
• Have the article checked by a legal adviser before publishing (1)
• Award credit for any other appropriate response

Guidance

Accept equivalent terminology

Accept 'libel' or 'slander' as equivalent to defamation

Do not accept:

Publishing anonymously - TV

Indicative content

Space | Answer

1 | Libel (1)

2 | Reputation (1)

Guidance

Correct answers only

Spelling not important

Indicative content

Space | Answer

1 | Privacy (1)

2 | Reputation (1)

Guidance

Correct answers only

Spelling not important

Do not accept 'personal data' for space 1 or 'accurate' for space 2

Read whole response and award

One mark for an impact on the individual

AND/OR

One mark for an explanation of that impact

Up to two marks for explaining one impact e.g.

Indicative content

• embarrassment/upset/distress
• damage to their reputation
• people believing something about them that is not true
• unwanted contact from people who have read it
• effect on their work/relationships
• loss of trust in the lifeboat station
• Award credit for any other appropriate response

Example responses

• The volunteer could be embarrassed (1) because people they know will read something about them that is not true (1)
• Their reputation could be damaged (1) so people in the local area may think badly of them (1)
• They may be contacted by strangers (1) which could make them feel unsafe or worried (1)
• They could lose trust in the lifeboat station (1) and decide to stop volunteering (1)
• Award credit for any other appropriate response

Guidance

Accept equivalent wording.

A bare impact earns the first mark; the second mark is for saying how or why it affects the individual.

Do not accept

Impacts on the lifeboat station only, e.g. 'they could be taken to court' (the question asks about the individual)

Read whole response and award

One mark for what slander is

AND/OR

One mark for saying how slander could affect the content

Up to two marks for one explanation e.g.

Example responses

• Slander is a spoken false statement (1) so the commentary must be checked to make sure it is accurate (1)
• Slander is saying something untrue that damages a person's reputation (1) so any claims about local people or businesses must be removed or changed (1)
• A spoken false statement about a person (1) means the script must avoid naming them in a damaging way (1)
• Slander is oral defamation (1) so the recorded speech must not include untrue criticism of a business (1)
• Slander can damage a reputation through speech (1) so the producers must only include facts they can prove (1)
• Award credit for any other appropriate response

Guidance

Accept equivalent terminology, e.g. 'spoken' for 'oral'.

Do not accept

Slander described as written/libel (that is libel)

Read whole response and award

One mark for a reason why permission is needed

AND/OR

One mark for an explanation of that reason

Up to two marks for explaining why permission is needed e.g.

Indicative content

• the photographs are being used for commercial purposes (to advertise products for sale)
• the potters have a right to privacy over their image
• permission sets out how and where the photographs can be used
• publishing without permission could breach the potters' privacy and lead to a complaint or legal action
• permission allows Dunmere Ceramics to publish the photographs without breaching the potters' rights
• Award credit for any other appropriate response

Example responses

• The photographs will be used to sell pottery (1) which is commercial use, so the potters must agree to their image being used (1)
• The potters have a right to privacy (1) so they should be able to refuse to have their photograph published (1)
• Permission states how the photograph can be used (1) so the potter knows where it will appear (1)
• Publishing without permission could breach the potters' privacy (1) which could lead to a complaint or legal action (1)
• Award credit for any other appropriate response

Guidance

A reason on its own earns the first mark; the second mark is for explaining it.

Accept equivalent terminology

Do not accept

Answers about who owns the copyright of the photographs (this question is about permission to publish the potters' image, not copyright ownership)

Read whole response and award

One mark for an action

AND/OR

One mark for why the action is needed/how it allows the recording to take place

Up to two marks for describing one action e.g.

Indicative content

• ask the owner/landowner/member for permission
• get written permission from the owner
• agree any fee/conditions set by the owner
• check the owner's rules for recording/filming
• tell the owner what the images will be used for
• Award credit for any other appropriate response

Example responses

• Ask the member who owns the garden for permission (1) so the crew is allowed to record there (1)
• Get written permission from the owner (1) so the association can use the images in the video (1)
• Agree the fee and conditions with the owner (1) because a private owner can set rules for recording on their property (1)
• Tell the owner what the images will be used for (1) so they can decide whether to allow the recording (1)
• Award credit for any other appropriate response

Indicative content

Answers may include reference to the following legal issues

• Defamation
• A false statement about the bakery owner that is published and damages their reputation
• Libel is defamation in a permanent form, such as a recorded or filmed documentary; slander is spoken defamation
• The studio must check that claims are accurate and not publish false statements about the owner
• Impact on the individual: damage to reputation, distress, loss of customers or income
• Privacy and permissions
• Permission is needed to film on private property, such as inside the bakery
• Consent is needed from people who appear, and permission is needed to publish and use images commercially
• The studio must avoid harassment and invasion of privacy when gathering footage
• Impact on the individual: distress, embarrassment, loss of privacy
• Data protection
• Personal data collected about the bakery owner must be accurate and kept secure
• Personal data must be used only for the stated purpose, and the rights of data subjects must be respected
• Impact on the individual of inaccurate personal information: damage to reputation, distress

Award credit for any other appropriate response

Do not accept copyright, licences or logos as examples of defamation; these are intellectual property, not defamation.

Levels

• Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two legal issues are identified – and two explanations attempted; Shows detailed knowledge and understanding of the legal issues; The legal issues and what the studio must do to comply are clearly explained; Consistently uses appropriate terminology.
• Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two legal issues are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of the legal issues; The legal issues are adequately explained; Sometimes uses appropriate terminology.
• Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one legal issue is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of the legal issues; The legal issue is explained in a basic way; Use of appropriate terminology is limited.
• 0 marks: Response is not worthy of credit

Indicative content

Permission in this question means consent from a person or property owner before an image is published or used commercially. It can be recorded in writing, for example on a model release form or property release form.

Answers may include reference to the following permissions

• Permission from people who can be identified in the photographs
• ask visitors to consent before their image is published
• use a model release form signed by each person
• make sure consent covers commercial use in a guide that is sold, not just being photographed
• if consent is not given, do not use the image or blur the person
• Permission from the owner of the building or private property
• ask the planetarium building owner or landowner for permission to use photographs taken there
• follow any conditions the owner sets for photography or commercial use
• without permission, publishing photographs taken on private property could breach the owner's rules or privacy
• Permission for the particular use
• the images must only be used for the purpose that was agreed
• permission for editorial or personal use does not automatically allow commercial use in a sold guide
• ask again if the planned use changes
• Record the permissions
• keep written consent or signed release forms
• show what the photograph will be used for
• Impact if permission is not obtained
• invasion of privacy and complaints from the people shown
• legal action or an order to withdraw the guide
• damage to the planetarium's reputation and loss of trust
• cost of reprinting or replacing the guide

Award credit for any other appropriate response

Do not accept: answers that say no permission is needed because the photographs were taken in a public place; reasons based only on politeness or someone being upset; copyrighting the guide.

Levels

• Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two permissions are identified – and two explanations attempted; Shows detailed knowledge and understanding of permissions for publishing and commercial use of images; Permissions are clearly explained; Consistently uses appropriate terminology.
• Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two permissions are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of permissions for commercial use of images; Permissions are adequately explained; Sometimes uses appropriate terminology.
• Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one permission is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of permissions for publishing images; Permission is explained in a basic way; Use of appropriate terminology is limited.
• 0 marks: Response is not worthy of credit

Indicative content

Answers may include reference to the following impacts

Impact on individuals

• Damage to reputation
• the false information may make others think badly of the person
• this is defamation if it is a false statement that harms reputation (libel when written, slander when spoken)
• Distress, embarrassment or upset
• the person may be worried or humiliated by the inaccurate information being seen by others
• Being treated unfairly or losing opportunities
• people may make wrong judgements about the person, for example about their job or character
• Asking for the information to be corrected
• data protection gives the person rights over their personal data, including having inaccurate data corrected

Impact on media producers

• Legal action or complaints
• the person may take legal action or complain that the booklet is defamatory
• the producer may have to prove the statement is true or withdraw it
• Having to correct, apologise or withdraw the product
• reprinting, editing or removing the booklet costs time and money
• Damage to the producer's reputation
• the client and audience may stop trusting the producer
• the client may not use the producer again
• Lost time and money
• staff time spent dealing with complaints, corrections or reprints

Award credit for any other appropriate response

Levels

• Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: One impact on an individual and one impact on the media producer are identified – and both are explained; Shows detailed knowledge and understanding of the impact of inaccurate personal information; Impacts are clearly explained; Consistently uses appropriate terminology.
• Level 2 (3–4 marks): An adequate explanation which shows sound understanding: One impact on an individual and one impact on the media producer are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of the impact of inaccurate personal information; Impacts are adequately explained; Sometimes uses appropriate terminology.
• Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one impact is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of the impact of inaccurate personal information; Impact is explained in a basic way; Use of appropriate terminology is limited.
• 0 marks: Response is not worthy of credit

Indicative content

Answers may include reference to the following reasons

• To respect data subjects' rights
• people have the right to know what personal data is collected and how it will be used
• people can give or refuse consent and data should be used only for the stated purpose
• people can ask to see or correct their data
• To prevent harm to individuals
• avoid loss, unauthorised access or sharing of names, email addresses and identifiable video clips
• avoid distress, embarrassment or invasion of privacy
• inaccurate personal information can damage a person's reputation
• To protect the organisation
• maintain trust and reputation
• avoid complaints or legal problems
• To store data only as long as needed
• delete records when they are no longer needed to reduce the risk of misuse

Award credit for any other appropriate response

Award a maximum of two distinct reasons; do not credit the same reason twice. Do not credit overlapping points such as 'tell people what is collected' and 'get consent' as two reasons unless they are explained separately.

A sound explanation gives a reason or consequence for the individual or the organisation, e.g. 'so members can decide whether to take part' or 'so footage is not shared and causes distress'.

Accept 'privacy' only where it is linked to personal data.

Do not accept: 'be careful with data', or a named responsibility with no reason given. Do not accept answers about copyright, music licences or property releases.

Levels

• Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two reasons are identified – and two explanations attempted; Shows detailed knowledge and understanding of data protection; Reasons are clearly explained; Consistently uses appropriate terminology.
• Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two reasons are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of data protection; Reasons are adequately explained; Sometimes uses appropriate terminology.
• Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one reason is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of data protection; Reason is explained in a basic way; Use of appropriate terminology is limited.
• 0 marks: Response is not worthy of credit