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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 |
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freedom of the press |
term applied to freedom of the media; used interchangeably with 'media freedom' |
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prior restraint |
any legislative or judicial intervention - by law or by ruling - that prohibits a communication before it has been published, broadcast or uploaded |
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first amendment |
included in US Bill of Rights that prohibits Congress enacting laws abiding free speech or a free press |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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media freedom in Australia |
Australia has no First Amendment equivalent, no written laws enshrining freedom of the press |
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1992 ACTV case |
challenged federal government's power to prohibit political advertising on radio and TV on eve of an ellection |
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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 |
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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 |
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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 |
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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 |
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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 |