Sunday, March 3, 2013

The Journalist's Guide to Media Law - Chapter 2 - The Legal System

In Australia there are 335 specific secrecy provisions imposed on journalists with the general idea of withholding information from the public. Now while it may be difficult to remember the 335 specific secrecy provisions it is a good idea to know the main ones.

E.g. Not identifying victims of sexual assault, juvenile witness or accused or jurors. Thankfully in many cases the media establishment you work for generally has a lawyer that can go over the 'no-go' zones.

Australia's Legal System is founded by four major influences - The adoption of the British legal system since 1788, The creation of the Commonwealth in 1901, The High Court decisions are the highest forum for appeal in such matters regarding Federal laws and constitutional matters, Legislative decisions that have affected the authority of lower echelons of the court have allowed for a number of commissions and tribunals.

There are two major sources of Australian Law, Statue Law (made by politicians) and Common Law (made by judges).

The highest Statue Law are those legislation in the Federal (Commonwealth) Government. Where state and Commonwealth laws conflict, Federal laws prevail under s. 109 of the Constitution.

Over the years whole bodies of law have developed using the doctrine of precedent. These laws form the basis of the common law which operates whenever legislation is nonexistent, imprecise in language or the scope of where it specifically preserves common law rights.

Cases are named according to the parties contesting them with a v. (standing for versuses)_ between their names.

In the case of Eddie Mabo and Queensland. This case was named as "Mabo v. Queensland" As Mabo challenged Queensland. The name of the party bringing the party before the court has their name appear before the v.

Did you know the full text of most High Court decisions are available online at www.auslii.edu.au?

Common Law legislation is at www.comlaw.gov.au.

The legal and the legislative processes can restrict or assist journalists' reporting, and they may even be the material on which they report.

Part of the Media's role when reporting is to broadcast any breach of the separation of powers brought to the attention of the public. 


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