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17 Cards in this Set

  • Front
  • Back

Freedom of expression

idea that all human communication in a democratic society should be unshackled by laws and censorship - subject to its impact on other human rights

freedom of the press

term applied to freedom of the media; used interchangeably with 'media freedom'

prior restraint

any legislative or judicial intervention - by law or by ruling - that prohibits a communication before it has been published, broadcast or uploaded

first amendment

included in US Bill of Rights that prohibits Congress enacting laws abiding free speech or a free press

implied freedom

a freedom that is not expressed in writing in the Constitution, but implied because of the context and conventions of a democratic system of responsible and representative government

mindful practice

ability of a practitioner to pause and reflect professionally upon unethical or legal issue as it arises in the workplace, envisage potential pitfalls and devise approach that serves the greater public interest

Background

- history of freedom of expression = history of censorship


- Johann Gutenberg movable type 1450 - massive growth in publishing industry triggered repressive laws and freedom of the press


- marketplace of ideas = truth will win over falsehood when the two compete


- English printing license system (ended in 1694)


- Sir William Blackstone - prior restraint


- law should take its course after publication

Press freedom internationally

- no enforceable worldwide agreement on freedom of expression


- key document = United Nations Declaration of Human Rights (1948)


- everyone has the right to freedom of opinion and expression


- International Covenant on Civil and Political Rights 1965


- Canada, NZ and UK have similar bill of rights enshrining free speech

The US experience

- first amendment to US Constitution


- congress can't make laws which prohibit freedom of expression/press


- allows US media to act with fewer restraints


- seditious libel is modern press freedom battle


- USA Patriot Act 2001 - in wake of 9/11


- secret searches, enforcement provisions, restrictions upon what courts could make public

Digital Dimensions

- digital communication empowers citizen journalists


- puts financial model of journalism under stress (no advertising)


- investigative reporting isn't cheap


- tighter budgets mean less funding submitting to governments, objecting to laws and fewer challenges to suppression orders or appeals




- increased level of surveillance


- international anti-terror laws give intelligence agencies power to monitor communications of citizens


- implications for journalists protection of confidential sources


- web-based activities can be monitored easily and careless use can leave you exposed


- some governments and legal systems put pressure on internet service providers to disclose the origin of their content

media freedom in Australia

Australia has no First Amendment equivalent, no written laws enshrining freedom of the press

1992 ACTV case

challenged federal government's power to prohibit political advertising on radio and TV on eve of an ellection

1992 Wills' case

challenged federal power to punish those who write or speak words calculated to bring the Industrial Relations Commission or its members to disrepute

1994 Stephens' case

- Western Australian newspaper reporting travel by WA politicians


- publisher need not prove truth of defamation published as part of a political discussion, as long as its was published in good faith, info appeared to be reliable, had been obtained from person who had duty or interest in making info public

1994 Theophanous' case

- RSL President published letter in Sunday Herald Sun - saying politician was bias towards Greek migrants and an idiot


- if defamatory material was published in political discussion about federal parliament members and their suitability for office, if publication was unaware it was false

1997 Lange's case

- NZ Prime Minister sued ABC over Four Corners broadcast re: political donations


- high court said citizen’s freedom to discuss matters of government and politics was central to system of representation

Bills of Rights

- Australia has no national bill of rights


- political movement for it has never gained momentum at national level


- VIC and ACT have own human rights legislation


- Charter of Human Right and Responsibilities Act 2006


- Human Rights Act 2004