MADABELLE

You are editor at XXXX magazine and received a copy for an article that your team intends to publish in next months issue. The story is about a married fashion designer that claims she had an affair with a famous footballer. It also claims that the designer’s latest collection was of poor quality and a rip off of the Chloè A/W 16 collection.

The designer’s team denies the affair and are worried about the effect the article will have on her family and career. The designer has told you that although a journalist had rang her about the allegations. At no point did the journalist see the collection in question. The designer also said that the journalist was offended when refused a free handbag. Use your knowledge of media law to identify any defences the magazine may use and is there anything the designer can do to stop the article being published

As magazine editor of XXXX magazine I am responsible for the quality of the content that goes into the publication. My role also ensures that the content that is published is informative, engaging and suitable for our target audience. Although it is important to have diversity and controversial topics in our magazine, unfortunately some of these topics can involve ‘sloppy’ journalism, which introduces problems for the magazine. It is in mine and the publications best interest that I read over the articles that we receive before sending them to print, doing so ensures that the magazine will not be hit with law suits and reassures that our reputation will not be tarnished. When we receive articles that we feel are not suitable for our magazine we try to provide a break down of the reasoning behind the decision not to publish.

XXXX have recently received an article from a journalist that had claims of:

· A young married fashion designer, who was having an affair with a famous football player.

· The same fashion designer’s most recent collection was a ‘rip off’ of Chloè A/W 16 collection.

The young designer and her team have since been in touch with XXXX publication and myself and we have been informed that:

· The cheating accusations are not true. But she now worries how the article is going to affect her work and family life.

· The journalist at no point saw the collection to label it as a ‘rip off’.

· The journalist was refused a handbag from the collection.

After being in contact with the fashion designer she made it clear that one of her biggest concerns are the repercussions the article may have on her career and personal life after it is published. Although we cannot confirm the severity of the reaction she will receive, nor can we predict what will happen to her career, we do offer ways in which she can protect herself from embarrassment and distress.

The first option for the designer to take, as the designer is aware of the article, is to take a temporary injunction out on XXXX magazine. The injunction will serve to protect the designer from the magazine. If the injunction is received by XXXX before the date of the article being published the magazine will not be able to publish the article for as long as the injunction stands.

Although the injunction will protect the designer from XXXX magazine, this will not stop the journalist from publishing the story with another magazine or publication. “If a person or an organisation discovers that the confidential information is due to be published by the media without their consent, they can apply to a High Court for a temporary injunction to stop this” [McNea’s essential law for journalists. p.300.] If an injunction is breached by the publication in which it stands, the other party, in this case the designer, will be able to take the publication to High Court. “If the injunction is broken then you can go back to court and apply for your opponent to be sent to prison. This is known as "committal proceedings." [www.compactlaw.co.uk]. The designer and her team would have to have significant evidence to prove that the injunction had been breached by XXXX magazine. The famous football player will also be within his rights to take an injunction out on XXXX magazine or another publication who intend on printing the story.

If the Injunction is breached or does not reach XXXX magazine before the date of publishing, the next option for the designer will be to look into specific Laws that will protect her and her career. “Privacy Laws are those laws which relate to an individual or business entity's expectation to be left free from scrutiny or public exposure in their daily lives by either the government or other members of the public.” [https://www.hg.org/privacy.html]. If XXXX magazine decided that the article serves the public’s interest and felt that it would be suitable to publish, the fashion designer would have the right to take XXXX magazine and that journalist to High Court for privacy infringement amongst other Laws in her favour. Although this will not retract the article from being published or her reputation being modified, she may be compensated for her embarrassment. ‘Super model Naomi Campbell was only awarded £2,500 damages for distress and injury to her feelings in 2002 against Mirror Group, after they published a picture of her leaving a drugs anonymous.’ In some cases the magazine will have to issue a statement apologising and reiterating the truth of the situation and send this to print in the next issue. The designer would need to provide significant evidence to court to support her case.

As well as a privacy infringement, the designer can also take the journalist to High Court for Defamation. “The law reputation form unjustified attack” [McNae’s essential law for journalists. p.238.] In this case the journalist has no evidence on which to base the allegations of an affair between the designer and a famous football player. If the journalist were to have provided evidence such as a confirmation from either party or photographic, the journalist, although the story still wouldn’t be advised, would have reason to write the story. “In one case Mirror Group Newspapers paid £15,000 in settlement of a defamation action but then was presented with a costs bill of £382,000- which was reduced on appeal.” [McNea’s essential law for journalists. p.43.]

Another point made in the article was that the young designer’s latest collection was a copy of another designers show, adding, the collection was of poor quality. From what we understand, after speaking with the designer and her team, the journalist at no point saw the collection and was in fact refused an item from the collection after asking. “A claim for malicious falsehood may be brought against a defendant who maliciously publishes a false statement which identifies the claimant, his business, property or other economic interests, and can be shown to have caused the claimant financial loss or to fall within one of the exceptions in section 3(1) of the Defamation Act 1952.” [www.out-law.com]. In this case, if the designer where to go to High Court she would need to explain that the journalist asked for an item from the collection but was refused this item from a member of the designer’s team and the article was produced after these events. If the designer can provide evidence of this then she will be well within her rights to charge the journalist with malice. The claimant must prove:

· That the journalist knew that the relevant statements were false

· That the article was written in a malicious way

· That the article was most likely written to cause financial or reputational damage to the victim.

Finally, the decision on whether to publish the article or not is ultimately up to the editor of XXXX magazine. After deliberating with my team and understanding the repercussions that will occur after publishing this article, XXXX Magazine have decided against publishing the article. XXXX Magazine have decided not to publish this article in the next edition or any more to come until we are supplied with substantial evidence that confirms the allegations of the affair and that the collection is a rip off of another designer’s collection.

Bibliography

"Editors' Code Of Practice". Ipso.co.uk. N.p., 2016. Web. 10 Nov. 2016.

"If You Want To Sue For Copyright Infringement | Graphic Artists Guild". Graphicartistsguild.org. N.p., 2016. Web. 10 Nov. 2016.

"Injunctions And Super-Injunctions: An Introduction". Inforrm's Blog. N.p., 2016. Web. 12 Nov. 2016.

"Journalists Ethics Code | Ethicnet". Ethicnet.uta.fi. N.p., 2016. Web. 14 Nov. 2016.

"Malice Law & Legal Definition". Definitions.uslegal.com. N.p., 2016. Web. 10 Nov. 2016.

References

Dodd, Mike, Mark Hanna, and L. C. J McNae. Mcnae's Essential Law For Journalists. 21st ed. Print.

http://www.compactlaw.co.uk/free-legal-information/injunctions/injunction-order-broken.html

"Malicious Falsehood". Out-law.com. N.p., 2016. Web. 17 Nov. 2016.

Poor Kim. Mother of two babies, daughter, sister, wife and TV personality had her life in the hands of crazed robbers and people will still make a joke out of her for retweets. Will someone define Humanity?

News broke that Kim Kardashian was held at gunpoint and robbed of millions of pounds worth of jewellery 03/10/16. The crime took place at Paris Fashion Week when 5 armed men posed as police broke into Kardashians private residence and made off with her belongings. 2 cell phones, an engagement ring worth £4M and a jewellery box worth up to £6M where amongst the items that were stolen from the star whilst she was supposedly, tied to a chair in a bathroom and gagged. According to E! News, Kim has been said to be 'badly shaken' and flew home to LA the following day to be with her husband and family. But, sadly it doesn't stop there of course internet trolls where quicker than ever to make jokes of this terrifying experience all for the sake of retweets.

Regular negativity isn't uncommon for Kim and Ko. With 84.9 Million followers on Instagram alone there are bound to be a few nasty Nancy's amongst them. If like me, you follow Kims every footstep on social media you will know she is an active Instagrammer and posting pictures of her jewellery has become a trend on her account. There are a lot of abbusive comments on Kim Kardashians Instagram since the attack but a few that shocked me the most are the people stating, that her flaunting her jewels on social media was the main reason she was robbed and that she got what she deserved. Hmmmmm. Although Kim claims to have been brought the jewels by her husband, Kanye West. I can't help but think she may have been given them as presents by the brand and paid to advertise them on social media. If so, this would make the entire attack 100 times worse. Imagine that being your job, do advertise something on social media and then being held at gun point because of it and then when you finally fled and news broke, people where saying you deserved it. Yiiiiikes.

In the land of social media freedom is speech is something we are all cheering for, but there has to be a line of how far things should be allowed to go. Regardless if you feel that she deserved this or not, the reaction on social media is completely unacceptable and this is where social media platforms such as Twitter need to take blame and execute punishment for those commenting hate because regardless the scale of it, it is bullying. Hate her or love her, she's still human. Shame of trolls, shame on twitter, shame on humanity.

Not only is Boxpark the go to place in Shoreditch for food, drinks or even a place to relax in the sun, on occasion, in recent years it has become a key location to set up and market a thriving business. Boxpark is currently the home to 42 fashion, art, beauty and food shops. The majority of these stores are independent but some are brands that are globally recognised. Box Park have previously welcomed brands such as Gap, SmashBox, Mac Cosmetics, Just Hype and Urban Outfitters to name a few. The Park has become a massive attraction in Shoreditch and with the shops changing almost yearly it brings a new feel to the old town.

A current resident at Boxpark found at #Unit17 is independent sneaker stockiest, Fresh Laces. Unlike your average FootLocker or JD, Fresh Laces stock limited and rare sneakers and also promote lifestyle and build a community for all sneaker freaks from these special kicks.

Fresh Laces have been residents of Boxpark stocking consignment sneakers, sneaker products, accessories and UK street wear since August 2015 and haven’t looked back since. Nathan Messiah, driving force, behind the brand invited me into his trainer world and let me understand his brand from his point of view.

Starting at the very roots of the brand, Nathan explains, “Fresh Laces was basically born out my passion for trainers. I’ve been into kicks heavy for about 15 + years and maybe about 6 years ago I realised I had amassed quite a big collection. At that point I just collected but wanted to somehow find a way to work within the industry but not just in a store, something a bit more creative.”

It’s clear from the offset that Fresh Laces has more to offer than just cool kicks. A warm welcome when you walk through the store doors and a bond for sneakers makes this a shopping experience like no other. “We stock rare & exclusive kicks alongside independent street wear so it’s very unique. We’ve brought that niche side of this game that mostly is found online or at conventions to a physical store.”

“I definitely think it’s been a great move for the business, Boxpark has a good community feel and the area is dope. It’s the place to be. I think moving to Box Park has been a positive thing all round, there’s not that many spots in London or the UK even that are like us. Bringing this concept to the popular Boxpark has definitely seen our popularity rise just for the fact more people now know about us and are being introduced to Fresh Laces daily. On the social media side of things it’s great, Boxpark have a big platform that gives great exposure to all the independent businesses that are here plus we go hard too so its collective promotion which again is a dope thing.”

Of course Boxpark isn’t forever, so the plan for Fresh Laces moving on was a question that had to be asked,“We have big plans after Boxpark, we'll be here until the end of July then its the next move which we have to keep under wraps for now but its big! In the next 5 years I just want Fresh Laces to have an amazing store with a reputation for being the go to spot for the best in sneakers & street culture in the UK!”

Based right in the heart of Brick Lane Not Another Salon is a unisex hairdressers, which is a cut above the rest. Not Another Salon is bursting at the seams with semi permanent hair colour, qwerky cuts and unbelievable up-dos.

Imagination is the name of the game when it comes to this hair salon, if you can imagine a colour or cut you will receive just that (and maybe a little more.) Not Another Salon brings out the inner child in us all, with popcorn and candy refreshments, coke floats and lemonade on the menu with a warm welcome as soon as you soon as you step through the door, it’s a vibe you just don’t feel in other salons in the city.

Not Another Salon officially opened their colour infused doors in October 2015 and the business has been booming ever since. Although the store is a new comer to the Shoreditch area the vibrant store and excellent team have managed to leave their mark with the locals, maintaining a jaw dropping social media following with a staggering 100,000 followers within the first 3 months, the thriving business is sitting comfortably on just over 40K followers on Instagram today from across the globe. People are making the journey to visit this salon and receive a treatment from one of the extremely talented crew. The store has quickly become a ‘go to’ in Shoreditch and London.

Sophia Hilton, Founder of Not Another Salon is a colour specialist educator and the driving force behind the colour-injected and increasingly popular store. Growing up above a family run ‘all hands on deck’ hair salon and having generations of hair dressers in her family, you could say Sophia was destined for a career in hair, but who’d of thought she’d of broke down barriers and created her own techno-coloured empire.

Finding herself in the hustle and bustle of the big city Sophia’s eyes were opened to a fast passed type of hair salon. Deciding that she had had enough of these intense salons, Sophia decided it was time for a change. After putting her home up as a guarantee and using her mums life savings Sophia was able to open her colour specialist salon in Brick Lane. “It has been the hardest but most worth while thing I’ve ever done in my life.” She went on “I embarked on creating a new type of salon, a salon with an ethos that makes you feel that it’s okay to be you. I took away the intimidation and made it fun for everyone.”

On a trip to Madagascar, Sophia and her husband spent time teaching young children from underprevilaged areas basic hairdressing and grooming skills.“I chose Madagascar at the time because it sounded like the most far off place I could escape to. It’s so poor it seems that even Africa has forgotten about it.” The people Sophia met in Madagascar hold a very special place in her heart and although Sophia and the team at Not Another Salon are thousands of miles from Madagascar, they still manage to keep on giving “we are saving 10% of the profits of the salon to help Madagascar again, but this time on a bigger scale.” “I truly believe life is not about what you can take from it but what you can give to it.”

With the salon defying odds and becoming one of the most popular hairdressers in the area the big question is expansion? Although a chain of crazy, Not Another Salon stores would be the next step for someone in Sophia’s shoes, for her it isn’t about branching, “I don't want to expand because I want balance in my life one day. Family, future children, my husband are all important parts of my life. I'm not trying to run the world, just make a little footprint in it” – and that, you are.

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MADABELLE

Blog Archive

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RAW Shoreditch Magazine - 2016 Project.

Media Law Essay (Term 1, Year 2)

Madonnaspo

Kims Robbery Reaction

Fresh Laces

Sophia Hilton

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