The Journalist's Guide to Media Law - Chapter 3 - Freedom of the Press

Freedom of the Press was a movement that began with the invention of the printing press.

The book mentions official censorship was imposed via a licensing system for printers that had been introduced in 1530. The first major backlash against this came in 1644, when political philosopher and poet John Milton penned Areopagitica, a speech to the parliament appealing for freedom of the press.

The Foundation of freedom of the press was laid in England during the 16th and 17th centuries (Milton and Locke).

In the US liberal ideals expounded by men similar to Milton and Locke found their way into the first ammendment to the US Constitution has enshrined freedom of the press to this day:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

In Australia there is no equivalent to the First Amendment to the US Constitution to allow freedom of the press. However, in recent years the high Court of Australia handed down a series of decisions recognising an implied freedom to communicate on matters of government.

The first sort of ammendment to allow Freedom of Speech in Australia was in the 1990s. The High Court ruled the Australian Constitution contains an implied, but limited, right to freedom of speech on topics of political discussion.

The chapter covers allot of areas mainly through looking at cases over the years.

• The 1994: Establishing a constitutional defence to defamation.
• The 1997 decisions: Reaffirming free speech but refining the interpretation.
• 2011: Free speech versus privacy.
• 2002: Political free speech and defamation - one or two defences. 

Press Freedom was tested during the era of terrorism. The terrorist attacks lead the US to develop the USA Patriot Act of 2001.

In Australia anti-terrorism legislation has included restrictions on reporting evidence of the activities of ASIO, communicating with terrorist organisations, reporting the existence of detention orders, new surveillance and phone-tapping powers, a rebirth of the ancient law of sedition - which prohibits the criticism of the government.

Internationally Iceland and Finland have the highest in media freedom, while Burma, Turkmenistan and North Korea occupy the bottom three places of the 195 countries assessed. 

Press Freedom Organisations: Article 19, Committee to Protect Journalists, World Press Freedom Committee.

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.