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Media Law


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PART 1: INTRODUCTION1. The Social and Political Role of the Media1.1 Social and political1.2 Sectors in Australian media1.3 The contents of this book2. Freedom of Expression 2.1 Freedom of expression2.2 Rationales for freedom of expression2.3 Express protections of freedom of expression2.4 The implied freedom of political communication in the Australian Constitution2.5 Media freedom and freedom of expressionPART 2: MEDIA REGULATION3. Print Media and Journalists3.1 The Leveson Inquiry3.2 The Finkelstein Inquiry3.3 The Convergence Review3.4 The Australian Press Council3.5 Media Entertainment and Arts Alliance-Code of Ethics4. Broadcasting Services4.1 Rationales and regulatory principles4.2 Broadcasting services4.3 The co-regulatory scheme4.4 Commercial television broadcasting services4.5 Commercial radio4.6 Subscription television4.7 Community broadcasting services4.8 Class licensed services4.9 International broadcasting services4.10 Enforcement4.11 National broadcasting services4.12 Digital broadcasting5. Online Content5.1 A brief history of online content regulation5.2 Online content scheme5.3 Safe harbours6. Media Ownership6.1 Pluralism and diversity6.2 The evolution of Australian media ownership laws6.3 Ownership and control under the Broadcasting Services Act6.4 Competition6.5 Deregulation and re-regulation6.6 Foreign investmentPART 3: DEFAMATION AND THE PROTECTION OF REPUTATION7. Liability for Defamation7.1 Preliminary matters7.2 Defamatory capacity and meaning7.3 Identification7.4 Publication8. Defences to Defamation8.1 Justification8.2 The Polly Peck defence8.3 Contextual truth8.4 Absolute privilege8.5 Qualified privilege8.6 Fair comment and honest opinion8.7 Innocent dissemination8.8 Triviality9. Remedies for Defamation9.1 Damages9.2 Injunctions9.3 Offers of amends9.4 Alternative remedies for defamation10. Injurious Falsehood, Negligence and Misleading or Deceptive Conduct10.1 Injurious falsehood10.2 Negligence10.3 Misleading or deceptive conductPART 4: OPEN JUSTICE AND CONTEMPT11. The Principle of Open Justice11.1 The principle of open justice12. Contempt of Court12.1 What is a court?12.2 Sub judice contempt12.3 Types of conduct amounting to sub judice contempt12.4 Scandalising the court12.5 Other forms of contempt of court12.6 Penalties for contempt of courtPART 5: PRIVACY13. Privacy13.1 The concept of privacy13.2 Privacy as a human right13.3 No common law right to privacy?13.4 Privacy in comparative perspective13.5 Indirect protection of privacy13.6 Trespass to land 13.7 Private nuisance13.8 Defamation14. Breach of Confidence14.1 The elements of the cause of action14.2 The development of breach of confidence as a means of privacy protection in the United Kingdom14.3 Case studies from Australian law15. Information Privacy15.1 The Privacy Act15.2 Interception15.3 SurveillancePART 6: OFFENSIVE PUBLICATIONS16. Offensive Publications16.1 Classification and censorship16.2 Obscenity16.3 Blasphemy16.4 Sedition16.5 Racial, religious and homosexual vilificationPART 7: FREEDOM OF INFORMATION17. Freedom of Information17.1 A history of secrecy17.2 Rationales and objects17.3 Official secrecy and information management17.4 Proactive disclosure-disclosure logs17.5 Right to access documents under FOI17.6 Exemptions17.7 Culture Change-Information Commissioners17.8 Review of FOI decisions17.9 Does FOI work for the media?

About the Author

David Rolph is Associate Professor in the Faculty of Law, University of Sydney Matt Vitins is a Senior Associate at Allens Judith Bannister is a Senior Lecturer in the Adelaide Law School, University of Adelaide Daniel Joyce is a Lecturer at UNSW Law

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