Terms and Conditions in Respect of Media Activities
Definitions
1.
In these Terms and Conditions, the following words shall have the following meanings:
‘Media Entity’ means the party specified in the foregoing letter signed by the Head of News and Account Management, Police Scotland;
‘Media Personnel’ means employees or agents of the Media Entity, including any freelance journalist, camera person or photographer nominated by the Media Entity for the purposes of accompanying, filming / photographing and/or recording the work of Officers;
‘Officers’ means police officers from Police Scotland;
‘Police’ means the Chief Constable of the Police Service of Scotland appointed in terms of Section 7 of the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”); the Police Service of Scotland a constabulary established in terms of Section 6 of the 2012 Act; and the Scottish Police Authority a body corporate established in terms of Section 1 of the 2012 Act, for their respective interests;
‘Police Personnel’ means Officers of the Police Service of Scotland and employees or agents of the Scottish Police Authority; and
‘Police Scotland’ means the Police Service of Scotland.
‘Programme’ means the television programme which the Media Entity intends but does not undertake to produce with the working title [insert working title] which will feature the work of Police Personnel and Police Scotland.
Requests to Accompany Officers
2.
No later than one working day prior to each occasion on which the Media Entity proposes to accompany, report and / or film / photograph / record the work of Officers in connection with the Programme, it shall submit a request to do so to Corporate Communications, Police Scotland, 2 French St, Glasgow, G40 4EH,
setting out details of its proposed activities, including proposed dates and location, and a risk assessment. The Media Entity shall also provide details of the names, dates of birth and addresses of its Media Personnel to be involved in such activities. The Police acknowledge that some Media Personnel may be engaged /
replaced at short notice and it may not be possible to submit details of all personnel in advance of the day of the proposed accompanying, reporting and / or filming/photographing / recording the work of Officers in connection with the Programme. However all such information shall be provided as soon as reasonably possible and that always prior to the proposed accompanying, reporting and / or filming / photographing/ recording the work of Officers in connection with the Programme.
3.
The Media Relations Officer shall at his / her sole discretion approve or reject any such request to accompany, report and / or film / photograph and / or record the work of Officers in connection with the Programme.
4.
The Police shall have the right to security vet and approve for security purposes any Media Personnel that the Media Entity proposes to use in its operations. Where Media Personnel are not approved for security purposes, the Police shall notify the Media Entity that the Media Personnel is / are not acceptable and such Media Personnel shall not be utilised by the Media Entity.
5.
Where operational exigencies arise that, in the opinion of the Police, necessitate the Police requiring to withdraw its agreement to Media Personnel accompanying, filming / photographing and / or recording the work of Officers in Scotland, the Media Entity acknowledges that the exigencies of Police Scotland operations will take priority over its proposed activities and in that event its representatives may not accompany, film / photograph and / or record the work of Officers. In the event that the proposed activities have to be cancelled or postponed for the aforementioned reasons, the Media Entity will have no claim against the Police for any losses it may sustain. It will be for the Media Entity to effect any cancellation insurance it deems necessary.
Access to Property
6.
The Media Entity acknowledges that where it or its Media Personnel are provided with access to Police property, such access may be restricted to certain areas within such property and subject to such conditions as the Chief Constable of Police Scotland, or his authorised representative, considers appropriate. In the
event that the Media Entity or its Media Personnel fail(s) to comply with any restrictions on access or any conditions attached thereto, then the Police may require it to remove Media Personnel and property from Police property. In addition any such failure shall be regarded as a material breach of these Terms and Conditions and the Police may withdraw its agreement to the Media Entity accompanying, reporting and / or filming / photographing / recording the work of Officers in the foregoing circumstances by giving written notice to that effect.
7.
Entry by Media Personnel onto private property owned by a third party whilst reporting and / or filming / photographing / recording the work of Officers cannot be and is not authorised by the Police or under the provisions of any warrant, and no consent of Police is to be inferred or implied by the terms of these Terms and Conditions for filming on private property. If Police Personnel, in the discharge of their duties, have occasion to enter onto private property while accompanied by the Media Entity or Media Personnel, it is the Media Entity’s sole responsibility to seek permission from the owner or occupier, as appropriate, before entering the property. The Media Entity acknowledges that the Police will not seek, nor is under any obligation to seek or assist the Media Entity to seek, permission from such owners on the Media Entity’s behalf and that entry to such private property by the Media Personnel is a matter solely between the Media Entity and the owner / occupier of the property.
The Media Entity shall declare the purpose of their visit to the owner or occupier of private premises and shall gain any necessary consent from any owner or occupier of property at the earliest possible opportunity in written form or recorded and retained on audio or video tape or digitally. The Media Entity acknowledges that in relation to entry to private premises it is bound by the Law of Scotland and, without prejudice to the foregoing generality, the Media Entity shall have regard to the law of trespass and the terms of the Human Rights Act 1998 and the impact of the terms of the European Convention on Human Rights and in particular, without prejudice to the foregoing generality, the terms of Article 8 thereof.
8.
The Media Entity acknowledges that Police Personnel, in the discharge of their duties, are entitled to require it and its Media Personnel not to enter or to leave premises or property if, for legal, operational or safety reasons, its presence or that of its Media Personnel on that property or premises is, in the opinion of Police
Personnel, inconsistent with the proper discharge by them of their duties and, on being asked to leave or not to enter any premises the Media Entity or, where appropriate, its Media Personnel, will do so.
Recording and Filming of Police Personnel
9.
The Police shall take reasonable steps to advise Police Personnel, as appropriate, of the presence of the Media Entity and its Media Personnel within the relevant Police Scotland area and what the Media Entity / they will be doing within the said Police Scotland area. The Media Entity will, however, in discussion with the Police,
agree times when Police Personnel will not be filmed or recorded. Further, if for operational or safety reasons, the Media Entity is required and requested to stop filming / photographing and / or recording by Police Personnel, it shall do so and shall ensure that its Media Personnel do so. Legal and Operational exigencies of
the Police and safety issues take precedence, and only if it is, in the opinion of Police Personnel, in the whole prevailing circumstances, safe and appropriate to enter or re-enter the premises or property, shall the Media Personnel do so and that subject to their obligations as detailed in Condition 7 and 8 above. The Media
Entity acknowledges that it has made its Media Personnel aware of and shall ensure compliance with these Terms and Conditions. Any failure by the Media Entity to comply with this Condition shall be regarded as a material breach of these Terms and Conditions and the Police may withdraw its agreement to the Media Entity accompanying, filming / photographing and / or recording the work of Officers in the foregoing circumstances by giving written notice to that effect.
Recording and Filming of Third Parties
10.
The Media Entity acknowledges that the Police cannot and does not confer any entitlement on it to record interviews with or film third parties. The Media Entity acknowledges the terms of the European Convention on Human Rights and its impact, where appropriate, on all such interviews with or recording or filming of third parties and it will be the Media Entity’s responsibility to obtain any necessary consents required in relation to reporting and / or filming / photographing and / or recording of individuals for the purpose of the Programme it proposes to transmit in pursuance of any activities hereunder and whether such consents are required in
terms of the Data Protection Act 2018 or otherwise by law.
Material required for Criminal Proceedings
11.
The Media Entity acknowledges that any material created or obtained by it while in the company of Officers and/or within Police premises, including, without prejudice to the foregoing generality, its written notes and film, may be required by the Lord Advocate or the Procurator Fiscal’s Office in terms of any criminal proceedings or anticipated criminal proceedings. The Media Entity will provide such material to the Lord Advocate’s or Procurator Fiscal’s Office when required to do so by a court order. The Media Entity shall comply fully and timeously with the requirements of any court order.
In the event of a prosecution or for the purposes of pursuing or defending a civil action, the Police, the Lord Advocate or the Procurator Fiscal's Office may seek disclosure of any such material that it is liable to disclose by order of court in relation to any such proceedings in accordance with the law.
Publication and Transmission of Material
12.
The Media Entity must ensure that all the material is prepared for publication and transmission in a fair, impartial and accurate manner. If required, the Media Entity will allow the Police, or its representatives, the opportunity to view any material prepared for publication or transmission as a result of its activities within the
relevant Police Scotland area prior to publication or transmission and it will carefully and reasonably consider any request to change what is demonstrably factually incorrect or which would prejudice the safety of any Police Personnel, or third party or the efficacy of any ongoing or future Police operation or damage the best interests of the Police whilst acknowledging that final editorial control shall rest with the Media Entity.
The Media Entity acknowledges the operation of the Contempt of Court Act 1981 and any directions by the Lord Advocate regarding the publication of any material that may impact on any criminal proceedings or anticipated criminal proceedings.
13.
The Police acknowledges that the Media Entity is under no obligation to publish any material or transmit any programme made pursuant to its media activities with the Police.
Risk Assessment
14.
The Media Entity acknowledges that the Police is not obliged to carry out any risk assessment of the activities being undertaken by the Media Entity, although the Police may do so and in that event may issue directions to the Media Entity. The Media Entity shall carry out a risk assessment of proposed activities in advance of each occasion that it intends accompanying the Police and will make the same available to the Police. Where, in the opinion of the Police, acting reasonably, there is any insufficiency in the Media Entity’s risk assessment, the Police may refuse to allow it to accompany officers and photograph and record Police activities. The Media Entity acknowledges that the Police will not issue protective clothing to Media Personnel.
Insurance
15.
The Media Entity shall maintain Public Liability insurance for a sum of not less than Ten million pounds (£10,000,000) Sterling for each and every occurrence. As soon as reasonably practicable following execution of these Terms and Conditions it shall exhibit details and satisfactory confirmation of the existence of such insurance and receipts for payment of the last premium thereon and, thereafter, where appropriate, shall exhibit evidence of renewal thereof. If required by the Police, such insurance details shall be exhibited prior to any occasion that the Media Entity proposes to accompany Officers, for the purposes of ensuring that such insurance covers the proposed activities on that occasion. If at any time the Police considers that the Media Entity does not hold sufficient insurance cover in respect of any of its proposed activities hereunder, the Police shall be entitled to withdraw its agreement to any such activities.
Indemnity
16.
The Media Entity shall (i) indemnify the Police and Police Personnel against and in respect of any expense, liability, loss, claims or actions, damages or costs arising or brought against any of them as a result of it or its Media Personnel accompanying Officers whilst on patrol or its presence or that of its Media Personnel in Police premises or property in the Police Scotland area or its presence in public or private premises or property or the filming of any member of the public in the Police Scotland area or as a result of the transmission of the Programme or any part thereof or material created or obtained by it while in the company of Officers and / or within Police premises. (ii) In addition, it shall compensate the Police and indemnify the Police in respect of any damage to Police property (both heritable and moveable) and / or Police Personnel property arising as a result of it or its Media Personnel accompanying or recording Officers or being within the relevant Police Scotland area including any Police premises or vehicles. (iii) The Media Entity, considering that it shall be the sole responsibility of the Media Entity to obtain the consent of the owner or occupier of private premises or property before entry of Media Personnel upon the said premises or property, shall also indemnify the Police and Police Personnel against and in respect of any expense, liability, loss, claims or actions, damages or costs arising or brought against any of them arising by Statute, including without prejudice to the foregoing generality the Human Rights Act 1998, or common law and or delict in relation to any third party caused or occasioned by the wrongful or negligent act or omission of the Media Entity or Media Personnel in connection with entry by Media Personnel at private premises or property.
17.
The Media Entity shall indemnify the Police against all claims or actions made or brought as a result of the transmission of the Programme or any part thereof or material created or obtained by it while in the company of Officers and / or within Police premises except insofar as such claims or actions arise as a result of the fault, negligence, actions or omissions of the Police or Police Personnel.
18.
The Media Entity shall be responsible for obtaining and shall obtain all consents necessary to record, transmit and publish material arising from its Media Personnel accompanying Officers. The Media Entity shall indemnify the Police and Police Personnel against all costs, claims, demands, damages, expenses, losses and liabilities which may be incurred directly or indirectly by them or any of them as a result of a breach of the foregoing.
19.
All indemnities given under Clauses 16, 17 and 18 are subject to the following conditions:
i)
No obligation to indemnify shall arise where the cause of action is the result of bad faith, negligence or defamation on the part of the Police or Police Personnel;
ii)
The Media Entity shall, in its reasonable discretion, arrange for the representation of the defenders or equivalent parties in, the conduct of and/or settlement of, any action falling within Clauses 16, 17 or 18.
Confidentiality
20.
The Media Entity shall not make any disclosure in relation to these Terms and Conditions or any of its activities concerning the Police without the consent of the Police except where such disclosure is required by law or a court of competent jurisdiction.
Assignation
21.
The Media Entity acknowledges that it has no right to assign any rights it may have to accompany, film / photograph and / or record any Police activities in terms hereof. Nothing herein will restrict its right to assign the benefit of any and all intellectual property rights in the material produced by it in furtherance of its activities within the Police Scotland jurisdiction, subject to obtaining an obligations from the assignee (a) that it will not seek to use or provide the said material for use in a manner that may prejudice the safety of any Police Personnel and (b) that it shall comply with the undertakings given by the Media Entity contained in Clause 12 hereof .
Interpretation
22
Any reference to the Media Entity within these Terms and Conditions shall include its Media Personnel.
Variation
23
The Police reserves the right to vary, amend, delete or add to the Terms and Conditions contained herein on giving written notice to the Media Entity and subject to its consent.
Notices
24
Any notice sent to the Police shall be sent to the Head of News and Account Management, Corporate Communications, Police Scotland, 2 French Street, Glasgow, G40 4EH and copied to the Interim Head of Legal Services, Police Scotland, 2 French Street, Glasgow, G40 4EH. Any notice sent to the Media Entity shall be sent to [insert details]
Applicable Law
25
These Terms and Conditions and any activities pursuant hereto shall be construed and determined according to the Law of Scotland and jurisdiction, in the event of any dispute regarding the same, shall rest with the Scottish courts.
OFFICIAL
040-002 1 V4-A0120
