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. 

The Journalsit's Guide to Media Law - Chapter 1 - Summary

The Jouranlist's guide to Media Law is a book that aims to empower journalists to understand the legal or ethical implications of making a decision.

Journalists are just like every other citizen, they are not exempt from the law and are subject to abide by the law. Journalists receive no special treatment when in court, many have been jailed over publishing inaccurate information about someone. (defamation) 

Laws that have made an exception for Journliasts are few and include the Trade Practices Act - Which exempts mainstream news organisations from laws prohibiting misleading and deceptive conduct in their content other than advertising. Another example is a 1997 amendment to the Evidence Act 1995.

The study of Law and Ethics equips journalists to apply their new found knowledge to work situations. It enables the journalists to understand the consequences of the choices they make.

Media Law and Ethics are important for journalists on at least three counts:

• Responsibility - Journalists in Australia are endowed with a freedom to publish which is much greater than that allowed by many other societies.
• Self-Protection - Ethical and Legal mistakes can prove costly for journalists. It can ruine their reputations and destroy their lives financially. 
• Professionalism - Allows a journalist to test the boundaries of the law. 

Sound knowledge of laws and ethics should strengthen journalists to tackle tough stories.

In 2011 a Former Gangland lawyer sued the Herald and Weekly times for implicating her in a murder that occurred in 2004 - Read more here. 

JN2310 - Media Law and Ethics

Lecturer is Marie M'Balla-Ndi for 2013 - marie.mballandi@jcu.edu.au

Assignments - Four Assignments for this subject in total. 

1) Freedom of Informaiton Request. (25 %)
2) Tutorial Assignment - Court Reporting. (25 %)
3) Critical Essay (law and/or ethics) - Case students, how you would react etc.
4) Exam - Heavily based on the readings for JN2310.

The point of this subject is to know about the law so you won't get into trouble. For example laws regarding interviewing under 18s without parental consent.

A common law that restricts what journalists can say is deformation.

The law provides a framework for journalism.

Other ways of seeing the law; Laws grant power, Laws protect, Laws reconcile. 

"Laws are also affected by the age of globalized information flows." 

Nowadays you can be subject to several jurisdictional regimes. For this reason, you need to know the legal environment of your jurisdiction AND any jurisdiction that might impinge on what you do. 

By publishing through the internet it means you are publishing simultaneously into jurisdictions world-wide. 

Ethics is a multi-dimensional concept hard to define: 

Edward Spence (2005:3) stated that ethics are ‘a set of prescriptive rules, principles, values and virtues of character that inform and guide interpersonal and intrapersonal conduct: that is the conduct of people toward each other and the conduct of people toward themselves.'

Ethics govern behavior, are theoretical and practical. (As in how should I behave, linked to morality and linked to values)

Examples of Ethical codes in the world's major religions: The Ten Commandments, Buddhism Precepts.

Journalism ethics are not different from other ethical codes.

In Australia the Media Entertainment and Arts Alliance (MEAA) provides a set of ethical rules for journalists within Australia to follow.

A summary of the ethical code provided by MEAA includes; Honesty, Fairness, Independence and Respect for the rights of others.

Workplaces also have in-house codes of practice rules within News Limited would be different to the codes of practice enforced by Fairfax or APN.

Ethical responsibilities go beyond legal obligations. 

There's lots of grey areas, legal advice is easy to get when working within a media outlet, normally there is an in-house Lawyer who can check out the legal ramifications of a story. 

Readings for next week include the court system and Chapters 1 & 2.