Posted by: John Brace | 14 November 2014

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings


Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts that Sony prevented being watch on Youtube until now.

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Ed – Updated 11:58 14/11/2014 to include additional information.

Well the above Youtube video of the Cabinet meeting of the 4th September 2014 (previously blocked by Youtube in Germany and unavailable for anyone to view for the last fortnight because of Sony) can now be viewed.

Sony Music Entertainment haven’t sued me, so the video has to go back. My arcane knowledge of the counter notification provision to a DMCA takedown notice in the American Digital Millenium Copyright Act paid off.

The issue was to do with the use of the music track “We bought a Zoo” [2011] by Icelandic musician Jónsi.

It means the 15 minute restriction on videos, restrictions on live broadcasts is no lifted on the main Youtube channel I use. Also the account is returned to good standing.

However in future at a public meeting, even though I can justify fair use on the grounds of news reporting, to prevent the making of false allegations of copyright infringement and this happening again, I have decided not to film videos shown during public meetings (obviously there may be exceptions to this general rule).

With regards to the Lyndale School video, the fact that Jónsi is blind adds another interesting element to the Lyndale story.

It’s not however just Sony Music Entertainment that have tried to prevent footage of Wirral Council’s public meetings being shown. Wirral Council tried it at a call in earlier this year in February (about Lyndale).

Also at a recent meeting of the Youth and Play Service Advisory Committee on the 28th October and the Youth Parliament on 11th November Wirral Council were adamant that for child protection reasons these public meetings couldn’t be filmed.

This was because at the meeting on the 28th there was a 16-year-old present and at the meeting on the 11th November, there were 11-18 year olds present in addition to councillors.

Strangely enough on that very topic the Youth Parliament, the BBC are filming (and showing on BBC Parliament today) from 11.10am-12.40pm and 1.40pm onwards the Youth Parliament debating in the House of Commons.

In fact here is a quote from one UK Youth Parliament member Ciara Brodie from Liverpool (who will be leading a debate):

“Friday 14th November will be an incredible day, not only for those sitting in the chamber, but for young people across the country. This is the day when hundreds of Members of Youth Parliament will take to the green benches of the House of Commons and debate on the issues that are most important to us. These five issues have been decided by a nationwide ballot taken part in by over 865,000 11-18 year olds. This day will be symbolic, because young people often feel excluded from politics, and like their voices are neither acknowledged nor represented in Parliament. This sitting is an incredible opportunity to engage young people from across the UK in political debate, just months before a General Election. With educational reform a hot topic and 16 and 17 year olds voting in the Scottish Referendum, there has never been a more important time to listen to young people. It is one thing to be given a voice but hopefully, as a result of this debate, young people will also be listened to. This is our chance to make our mark in the heart of Westminster.”

Here is what a Youth Parliament document states about the filming today:

Television coverage

The debates will all be filmed. BBC Parliament will be broadcasting the debates live with a five minute time delay.
The debates will also be streamed “live” with a time delay directly to the newsrooms of the BBC, Sky, etc – so that broadcasters may use the footage that day if they want to.

It is very important that during the debates MYPs don’t say anything that is factually incorrect (i.e. slanderous), don’t swear and are careful not to damage the reputation of Parliament (e.g. call MPs liars!). We will be taking legal advice on anything that could be considered slanderous and any such statements will have to be removed.
The microphones and cameras will be on in the Chamber at all times.”

Coverage of the morning session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 8.20pm.
Coverage of the afternoon session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 9.50pm.

Coverage of the morning session will be available on BBC Iplayer at this link (1h30m).
Coverage of the afternoon session will be available on BBC Iplayer at this link (2h10m) .

That’s a total of 3h40m of footage.

The problem however is despite the House of Commons changing the law at Wirral Council, the officer/councillor requests to ban filming the public meeting of Wirral Council of the Youth Parliament earlier this week, especially as the Openness of Local Government Bodies Regulations 2014 meant that from August 6th 2014 Wirral Council could no longer ban any filming at its public meetings, just looks somewhat slightly silly now, old-fashioned, possibly unlawful when the BBC are filming the Youth Parliament in the House of Commons at a public meeting to a much wider audience?

Maybe Wirral Council’s child protection policy will prevent its UK Youth Parliament members (aged between 11-18) actually being involved at all in London at the House of Commons today (which if it does that’s a shame). Mind you under their “child protection policy” the public & press have been told in the past aren’t even allowed to know even the names of who from Wirral represents the views of young people on the Youth Parliament!

In Wirral of course, with full approval from Wirral Council’s Cabinet, children’s voices are not to be heard outside of meeting rooms at public meetings on political issues. The reason given is because “they’re children” and of course Wirral isn’t known to as the “insular peninsula” for no reason. It’s however really part of a wider cultural attitude against openness and transparency and of trying to control the press.

Wirral will probably also say its for safeguarding reasons, however I would say the effect of broadcasting on national TV, online and through other broadcasters is likely to reach a much wider audience than probably the fifty or sixty views there would have been of the Youth Parliament meeting at Wirral Council.

What have Wirral Council actually got to hide when it comes to teenagers? Do they just so ever conveniently forget at time they get £millions of public money to spend on their education?

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  1. Mr Brace, I have spent sometime with Children in my life, having a set number myself and having been involved with a number of Agencies in relation to children. All agencies have set procedures laid down in Law, whether it involve Statute Legislation or Civil Law Procedures.
    If you check the; say just for interest sake the Education Department Guidance, Youth Justice Guidance, Governmental Guidance (Assessments would have had to been carried out in relation to the Children’s Health and Well being (Psychological and Emotional Tests). By the Council own standards and knowledge this matter is to be Televised by the BBC, so there is a chance that if their peers do not know up to now they’re going to be on TV, if and when they do appear, there would be a possibility people would know who these children are, names and addresses.
    If the Council Protection Team were concerned about these children, as they have quite rightly pointed out to you, they should have gone to Court to prevent the names and addresses being published and we would have had another X, Y, ex parte [ ] UKHC case.

    • The debates aren’t about their names and addresses. The debates to be broadcast are about:

      World War 1 Commemoration

      Bear in mind whilst this debate is happening, the House of Commons is also open to visitors and the public. Some local authorities have insisted at least two staff travel also with each child (because of that local authority’s lone worker policy), but there’s only room in the public gallery for one from each LA area (maximum of 150)!

      • Quite Right to point that out, however the object of the Objection is not to avoid them speaking on any subject, it is merely to prevent the Camera from Identifying them, Press or other source finding out who they are and possible consequences of this taking place. You could indeed have visitors from the Wirral to the H.O.P. who might also be able to Identify them.

        • Well having watched previous debates of the Youth Parliament in previous years, the BBC have much better cameras than me, therefore it is very easy to identify individuals, especially as the BBC puts on subtitles with their name and area of the country they are from. However by the time it is broadcast in the evening they will probably be able to watch it in their hotel accommodation.