Why study media law? #MLGriff

By MARK PEARSON Follow @Journlaw

More than 200 new media law students embark on our seven week summer intensive course next week, so I thought it timely to reflect upon what might be gained from studying media law.

About two thirds will be attending classes in person, while the balance will be undertaking the course online. The cohort is almost evenly divided between journalism, law and communication students, with a few others taking it as an elective.

Here are 10 key benefits of media law study:

1. Identifying and assessing risks in publishing is the new digital literacy. Traditionally only journalists and some lawyers really needed to know about media law, but now every citizen must know the risks of publishing because we are all now publishers as we post to social media, send emails and release our blogs, videos, films, games, software and images.
2. Many areas of the law coalesce in ‘media law’, making it an excellent introduction to the legal system for journalists and public relations practitioners and a fertile field of revision and practice for law students.
3. Media law presents a wonderful opportunity to explore the many competing rights and interests in society as the rights to free expression, information, and a free media compete with other important rights including reputation, a fair trial, privacy, confidentiality, intellectual property and national security, along with the right to be free from discrimination in all its forms.
4. It affords us a superb showcase of the role of the news media in the varied political systems internationally as governments select different points where free expression should be curtailed. You learn that free expression is a continuum, with fewer restrictions in some nations and alarming censorship in others. International students get to compare Australia’s media laws with those in their home countries.
5. Just as truth might be shackled by some governments and individuals, media law offers insights into so-called ‘fake news’ and ‘false news’ by demonstrating how fair and accurate reporting and publications can earn special protections and how ethical research and reporting can be rewarded by the courts.
6. Media law cases are often fascinating portrayals of human foibles, egos and temptations and sometimes have elements of the Shakespearean tragedy where good reporting exposes the abuse of power.
7. The laws and examples encourage the exercise of mindfulness in communication practice. A few moments spent reflecting upon risk and harm before publication might save you many dollars in fines or damages and perhaps even time in jail. Also, many a media law case could have been avoided by a simple utterance of the word ‘sorry’ and a heart-felt offer of amends (both on legal advice!).
8. Problem-based media law learning offers a vivid insight into how a prickly legal situation might arise, and helps you navigate a course of action after assessing the legal risks. Robust and truthful journalism can still be produced within the bounds of the law, in some countries at least.
9. Media law cases and reforms are in the news on a regular basis, adding relevance and topicality to your studies as you watch cases involving real people contested in the courts and covered in the news media.
10. Finally, you learn that all laws can be improved, so you engage with the continuous process of media law reform. You learn about the reform process, access historical reform recommendations in your research, and have the opportunity to recommend your own reforms in areas of your interest. You are even encouraged to make submissions to current law reform commission and parliamentary inquiries.

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2018