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Interview Part 3 – Strategies to embed media law learning

By MARK PEARSON

This is Part 3 of my interview with Griffith University doctoral candidate David Costin, who recently interviewed me as part of his research into engaging with the online environment in higher education.  Over the past two installments we have discussed my design of an online / on campus course in media law and have examined how principles of ‘mindful journalism’ have influenced the course design. This week we explore some strategies to embed media law learning.

Q (David Costin):  Obviously you’ve thought about that end point [of students applying their media law knowledge in the workplace].

A:  (Mark Pearson) … I have the opportunity and the good fortune as a consultant to be able to train some journalists in the workplace … and I’ve done that for more than 20 years …. That feeds back into the loop because quite often in the class are my own students from these classes and it’s interesting to see what they do or don’t remember, although I haven’t actually formally tested that. So what niggles away at me, at this late stage of my career, is that I haven’t seen many of my graduates – I can’t recall my graduates getting into actual legal trouble and that would be one sign, but nevertheless, I sort of say ‘there but for the grace of God walk I’, you know, because you do know there are those 50 per cent students and they might have been away the day we did defamation (although it’s very unlikely, there’s a fair bit of it in the course).

Q:        Yeah.

A:         And these days they’re often, you know, going to be contractor workers rather than fully employed by an organisation, perhaps running their own blog. And so in the area of contempt, jail is a possibility, a substantial fine, certainly professional disgrace and in defamation there’s huge damages; they can lose their family home. And thankfully I haven’t seen that happen to my students, but it’s an area where if they were away the day they did one of those important things, then it’s a risk. So what is the retention of this knowledge in the workplace? That would be a wonderful research project to go back and revisit some of these people years on or whatever. I mean you know, media law training session only last year I had one of my students from 20 years ago at another institution, you know, so there are people there that would provide data for it I suppose.

Q:        Yeah, yeah.

A:         But I mean maybe I’m half scared to do so because it’s a worry, the extent to which they may not actually retain much of that knowledge (laughs).

Q:        But you know, I can see, you know, that again, that reflective stance drives, you know, I suppose where you want and it’s also updating that course at the same time, because as you said, you know, this area’s changing so much all the time.

A:         Mm.

Q:        And I suppose it also feeds into the question of, you know, what do you see is effectiveness in this environment.

A:         Mm.

Q:        So what you just indicated a student from 20 years ago, came back and came on the course, but is there other things that you see, other than the stats at the end of every semester, as being effective in this environment when you’re teaching in the online environment?

A:         Well I remember an earlier lecturer I worked with in my career talked about seeing the ‘whites of their eyes’, you know that expression?

Q:        Mm, yep, yep.

A:         And there are moments where you see that, that you know the knowledge at least for that one student is deeply embedded and has made a real difference. And from time to time you get that – I had that only yesterday, right? It was only a very small moment, but I’m very conscious of mindful practice being dismissed or being looked at sceptically as sort of some new age thing or being dismissed by other academics or whatever or students thinking I’m pushing some religion on them or something like that. So when I tell them about that, I frame it in terms of both the Buddhist principles – meditation and mindfulness – but also (Donald) Schon and reflective practice, but I’d also introduce them to a term that rarely any of them have ever heard of which is form the psychological and educational literature called ‘metacognition’. And I talk about that as either thinking about your own thinking or reflecting upon your own learning, depending on whether you’re looking at it from psychology. So in this particular class yesterday, I had an African law student in the class and I’d done that early in the – like week one or two of the semester – and yesterday (in the final week of revision) we were just talking about something, I can’t even remember what the topic was, and she said, “Ah yes, that’s metacognition. I’ve just practised metacognition.” And so to me, that’s a success, that’s just a skerrick of evidence of someone having learnt something in the course.

Q:        The ah-ha moment.

A:         Yeah, yeah. But the very important change we’ve made with the course this semester meant that I was getting that feeling a lot yesterday in my lectures as well and that’s because I’ve gone from, partly through very pragmatic and practical reasons, I’ve gone from a sit-down final exam in a lecture theatre – open book but handwritten into exam books – … I’ve gone from that to a take-home finale difficult problem, take-home exam over 10 days; 1500 words, written in exam style, loosely referenced but just so as answering those same basic questions, but a finale problem. And they submit it via Turnitin, plagiarism detection and all of that. And in the lectures yesterday, it hit home how important that is. Because I read somewhere some time ago that there are all pros and cons to, you know, obviously there’s security issues with take-home exams …

Q:        That’s right.

A:         That may happen. But in the lectures yesterday, here was a fully engaged class, many of whom I’d never seen before. They may have been following it on Lecture Capture or whatever, but here they were, for Professor Pearson to walk them through the take-home exam problem and to speak – I spoke in what you might call cryptic or code terms about the issues that were arising and highlighting on the screen the things that they might identify, without spoon-feeding them and giving them all the answers and reinforcing the fact that the students who had engaged in all the learning activities will know what I’m talking about here, that this word, confidential source here means certain things, it means things from different parts of the course, (etc). Well, they were just fully engaged because they had a vested interest in embedding this material for 40 per cent of their overall grade for the course. Now the difference is that the sit-down exam tests the level of knowledge that they know at that point for whoever knows how long afterwards, that they may have crammed for that two hours in week 12 or 13 or whatever it happens to be. This one is – if they’ve done the course, it’s designed so they shouldn’t take more than a day to do it, but some of them have the chance to actually engage with all of that over those 10 days, if they’ve never even come to a class, and I’ve got much more hope because the test mainly drills defamation and contempt, which are the two big ticket areas and it’s my way of being a little bit reassured that people would get over the line with their final take-home exam are at least familiar with those terms and understand a bit of their operation in a hypothetical newsroom environment.

Q:        Okay.

A:         So there are pros, there are cons, but I could see learning happening in a traditional lecture yesterday, which is somewhat unusual, sadly.

Q:        Unique.

A:         Yeah, yeah.

Q:        Okay, so two questions. You’ve established then your own benchmark, using that process, you’ve got your own type of benchmark in the back of your mind, as to what you want the students to achieve using this process?

A:         The take-home exam?

Q:        Yeah, yeah.

A:         Yeah, well yes, we still have to have a final moderation meeting for the tutors for the marking of the exam, but the pass point will be a demonstrated ability to identify those key issues of media law and to come up with a plausible navigation of those issues in such an environment and showing a basic knowledge of some key laws and cases that would inform that decision.

Q:        Okay. So then the other part of the question is, where did you come across this idea or have you adapted along the way or it’s been an experience, you know the take-home exam experience has been something that you’d wanted to try, or you’d read about it or you’ve adapted it before over the period of time?

A:         Well as long as I remember, there have been take-home exams in some university courses and I’m wracking my brain, thinking of one I’ve ever done myself as a student. I can’t think of one right now. It’s a small extension of a more intense newsroom exam situation that I’ve run at an earlier institution with my media law students, which was the sit-down open-book exam where it’s actually given to the students and then they can either sit there or go away, phone a friend, do whatever they like, as a journalist would do in that environment and come back in two hours with their answer. So it’s an adapted version of that which I hope is actually going to work better. But a point I was going to make earlier about the design of online and everything is that there’s a lot of pragmatism and there are a lot of sort of constrictions or institutional boundaries that you have to work within while you’re still trying to engage with students and enhance their learning and cover the appropriate content. And I mean luckily journalism doesn’t have some industry accreditation as well, you know, because I’d hate to think in accounting or law you’d also be managing those external – or psychology – you’d be managing external requirements as well. So the design of such courses is kind of its own cryptic crossword because for every decision you’re making about a certain format or learning tool, you’re having to think, is this going to work on the Nathan campus, is it going to work on the Gold Coast campus, how does it operate with OUA, what are the online students going to be able to do with this, what are the institutional rules around this? Because the institutional rules have things like no more than 20 per cent of online assignments in the course, you know, that kind of stuff. And so how do we navigate all of these things but still come up with a coherent, meaningful curriculum and pedagogy that’s actually best practice? That’s the challenge, I mean I don’t know whether I’ve achieved it here, but it’s a work in progress.

 

NEXT WEEK: Strengths and pitfalls of  online courses

———–

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 2017

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Filed under blogging, Buddhism, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, media law, mental health, mindful journalism, online education, reflective practice, social media, terrorism

Interview Part 2 – A mindful dimension to media law course design

By MARK PEARSON

Griffith University doctoral candidate David Costin recently interviewed me as part of his research into engaging with the online environment in higher education and has kindly allowed me to reproduce sections of that interview transcript in my blog.  Last week, in the first edited installment, we discussed my design of an online / on campus course in media law. This week we delve further into how principles of ‘mindful journalism’ have influenced the course design…

Q (David Costin):        Okay, so it’s practical – so I suppose what you’ve done is you’ve set up so it’s a practical, interactive course with reflection at the same time, which would then assist them in their development down the track with it, I suppose.

A (Mark Pearson):         The approach incorporates – the mindful journalism part of it is incorporating the idea that journalists aren’t going to be able to sit there and meditate in the lotus position in the newsroom, but if they learn to pause to reflect and they learn to take opportunities to do so, whether it’s on the train to work or in what others might call a ‘smoko’ break at work and they think through some of these basic principles there, then the theory goes that they might eventually, after doing this many times, be in what both Schon and others call ‘in the zone’, which is basically the consummate expert being able to reflect in action, but it being somewhat of an innate process so that they are almost subconsciously reflecting upon their learning to make the right decisions in those moments. And the basic Buddhist principles that go into my writings about all of this are from what is foundational to all of Buddhism called the ‘Eightfold Path’. And it’s not a religious thing, in fact some call Buddha the first psychologist and phenomenologist, but the principles are ‘right understanding’ – so this is from 2500 years ago, all right and it was meant for monks, but … part of the integrated reflection and he made a big point of saying all of this is integrated, it’s not just one or the other, the path is not uniform steps, but ‘right understanding’. ‘Right livelihood’ – so how does what I’m doing match my livelihood? Is this what I went into it for? You know, which is very important for journalists in this modern environment. ‘Right intent’ – so what is my intent here with this story or this, (from my perspective), with this lesson or this interview today? o basically having that partly considered. ‘Right speech’, because back then it was just oral, but that’s all form of communication and in multimedia it’s very important for journalists to think, you know, ‘how am I communicating this?’, ‘am I using both the right form of expression in speaking to this source or student or whatever it happens to be?’, or and also the way I’m actually putting the words together. ‘Right action’, so what behaviours am I exercising and should I exercise in this situation? ‘Right effort’, and the effort is all-embracing because it comes back to, you know, ‘how often am I reinforcing thinking about this, you know, reflecting upon these issues?’. ‘Right mindfulness’, which obviously for the monks it’s hours of meditation, but for the working journalist, it’s a moment of reflection – just to stop and go, “Oh, okay, I did media law today, what did I really pick up from that?” And that’s embedding the learning through reflecting.

Q:        Reflective practice, yeah.

A:         Yeah and the final one is ‘right concentration’ and that’s being ‘in the zone’, that’s basically putting it together so that it’s all happening and you’re able to adapt any of those elements appropriately for the circumstances.

Q:        I like that because in a couple of weeks’ time I’ve actually been asked to speak on a panel to third year students and I could see that translating across very, very nicely indeed as to their effectively – what they see and into a long term view, because that’s beautiful.

A:         Yeah, well to be quite frank, while I work in journalism, I can see that applying at an ethical and a practical level very much in teaching and it could be some – I mean I’m late in my career, but it could be at some stage I move part of it across into there and apply it there as well.

Q:        Mm, no, it’s simple. I mean to say, that’s a firm foundation, isn’t it?

A:         It is, yeah and it’s not ramming some religion down someone’s throat.

Q:        No.

A:         It’s basically a map of life.

Q:        Yeah, exactly right. And I suppose that comes on in the next question too, I mean to say, when you’ve been reflecting and then you’ve altered the course at the same time, so then I suppose the next question is what do you see as an effective operator in that online environment to your students? Because obviously, you know, you’ve got an encompassing overview of what you want to do, okay?

A:         Mm.

Q:        But what do you see as being an effective operator in that online environment for you?

A:         Yeah, it’s – no course or approach can be all things to all people. And I believe in my area, a professional area, only some curricula areas are particularly well suited to online, to totally online delivery.

Q:        Okay.

A:         So I don’t think anything and in fact Schon was all about the teacher is the coach and the studio environment. For professional education, I really think nothing beats the shoulder-to-shoulder coaching by a real …

Q:        Person.

A:         … experienced practitioner, just as the concert pianist, how effectively are you going to become a pianist by doing an online course in playing the piano? Yeah, some people might, you know, and there could be – these days there are all sorts of ways you could envisage that.

Q:        Yeah.

A:         But the question is, would any of them match sitting shoulder-to-shoulder with the maestro in a studio situation, masterclass situation, for at least part of that journey? So I’m lucky that media law and the other course that I’ve designed here for public relations and crisis communication people called ‘Social Media Law and Risk Management, they lend themselves to that because you know, these days it’s much of the way journalists communicate and because of that knowledge base to the thing and then the problems that are written problems, accompanied by a whole bunch of AV material. So you’ll see that there’s those mini lectures which MOOC experience has told us is best done up to 18 minute bursts. So this one goes just beyond it at 22 minutes for the very first one and it’s …

(Audio visual playing)

A:         All right, all that sort of stuff. Now that’s the mini lecture and so that’s reinforced for online students with just a copy of the slides. And then there is, as you’re probably aware, from …. University there’s also the full slides that are available through the Lecture Capture.

Q:        Yeah.

A:         So that’s the full two-hour version, one hour and 50 and some of them will want to immerse themselves in that, but it’s proven to be not that effective a way of, certainly in its analogue form, it’s actually very effective for foreign students particularly, the videoed lecture version, because they like to slow it down in the pace, pick it up for the, you know, so there are certain students that like that. And there’s also, I mean the genre of university study, there’s something about having lectures like that, rather than just having a bunch of materials you could get on any old MOOC, you know, so there’s something about the full-on thing. So the slides and the lectures are there for them as well. Now we make both campus’ lectures, which are repeats, available to all the students and the reason for that is occasionally there is a glitch with the recording, but more of a problem for my class is typically they’re – well this semester they were timetabled on a Monday and a Tuesday and you have the public holiday problem.

Q:        Yeah, okay.

A:         So that way the whole cohort can go to the other day’s lecture, because we had Anzac Day on a Tuesday and then the other Monday public holiday, so at least they get the lecture that week. So there are those things and then in addition to that, some people are very visually driven and over the past, the time I’ve been here at …., four-and-a-half years, I’ve put together a number of interviews, some of them are on Skype, with experts in the field or people who have been through that particular media law experience. And every one of the modules has one or two of these guest lectures. So what that does is give an anchor in the real newsroom experience to complement the theory, I suppose, or I try to make it as far from theoretical as we can in the class, but just so that they’re seeing that there’s a practical edge to it. The other thing is that although we might from time to time get a live guest, I will try to film that professionally because that’s just a one-off thing and lost forever unless it’s captured for other students to enjoy. It’s very rare you get a live guest who will appear at both campuses in that week and otherwise it just becomes part of the Lecture Capture experience and is just a one-off for that trimester ever.

Q:        To utilise again and again, like you said.

A:         Yeah and the final element is in each of the modules I do a – I got this off the MOOCs, ‘Office Hours’ – and the ‘Office Hours’ is basically positioning yourself in my home or work office.

(Audio visual playing)

A:         So you’ve got the idea of that and that’s what we’re talking about there within the …

Q:        Mm.

A:         Yeah, it’s just amazing, it’s 400 students and at any moment you’ve got people that haven’t studied for a long time or they’ve got various stressors in their life, they’re not very technologically literate and it’s just amazing how many still don’t know to press that. So that basically tells them a lot more about the actual assessment.

Q:        But it’s interesting from my side looking in because you’re accommodating and I suppose this is your character, maybe it’s part of your own character too, that you can accommodate – you’re accommodating, you’re also entrepreneurial, because I haven’t seen anything like that before.

A:         Oh really?

Q:        Yeah, yeah and it’s quite interesting.

A:         Have you gone on MOOC though?

Q:        Oh yeah, I’ve done – yeah.

A:         When MOOCs came out, I immersed myself in a few of those just to pick up from that experience.

Q:        Okay and that’s certainly coming through as well, that people go out on their own and experiment and then come back and bring that wealth of information with them at the same time.

A:         Mm.

Q:        So obviously – and the flexibility, because you’ve obviously, from your own life experience as well, you realise that students are doing different things at different times. So you take that flexibility into account as well. So I can see those things coming through.

A:         Yeah.

Q:        And also that reflective practice.

A:         Yeah, yeah.

Q:        One of your other colleagues actually used the term ‘pracademic’.

A:         Oh okay, that’s nice.

Q:        It is a nice term because all your work is practical, very practical and it’s aimed at I suppose the end point of where you want your students to be.

 

NEXT WEEK: Strategies to embed media law learning

———–

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 2017

Leave a comment

Filed under blogging, Buddhism, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, media law, mental health, mindful journalism, online education, reflective practice, social media, terrorism

Designing a media law course for reflection in action

By MARK PEARSON

 

Griffith University doctoral candidate David Costin recently interviewed me as part of his research into engaging with the online environment in higher education and has kindly allowed me to reproduce sections of that interview transcript in my blog. Here, in the first edited installment, we discuss my design of an online / on campus course in media law.

Q:        In the online environment, what theory and pedagogical knowledge do you draw upon when you’re operating in the online environment?

A:         I can mention a principal theory that’s driven a lot of my career and I carry into the online environment… My first major point is that I believe theory and pedagogical understanding and approaches are crucial to teaching in the online environment. But they are not necessarily something that you are conscious of every day of your teaching. I think it’s fundamental to your learning in the area, it’s fundamental that you revise that occasionally, revisit it, but my own experience is it’s not something that is at the forefront of your mind as you’re teaching every class. So, the main pedagogical approach which is entrenched in a theory that I’ve used since the 1980s and have carried into the online environment is Donald Schon’s work in teaching – The Reflective Practitioner. My area of journalism education is very much about preparing students to do what Donald Schon called ‘reflect-in-action’, which is basically when they are confronted with new situations in the newsroom (or these days in various professional communication environments), that they will also be able to reflect, sometimes innately (like I do on pedagogies and theories). In that same way, one should be confident that they can reflect on what I have taught them and be able to solve their own problems, whatever they may be, technologically and ethically and professionally in changing environments. So to my mind, if that is done properly, then you effectively have someone who is a change agent and is able to reflect in action upon their education, no matter how long ago that may have been, to shape and be able to come to a consciously right decision in their work in a new context. And that’s my take on the Schon approach.

I have something to add to that though and that is in more recent years, since 2013, I’ve developed what – I’ve worked with colleagues and have coined the expression ‘mindful journalism’. Because in my undergraduate years, I did explore some Eastern philosophies and so on and in more recent times I’ve used meditation practises for various reasons in my life and have rediscovered Buddhism, but from a secular perspective. So in other words, some of the foundation stones of Buddhism are actually very secular, reflection in action practices. So mindful journalism is something I’ve actually built into my media law classes, teaching students how to reflect in action because my biggest worry in teaching media law is that a graduate who may have only passed with 50 per cent result, may not be able to recognise in the newsroom the legal risk that should be apparent to them. So I’m using this as a way of embedding an approach that hopefully deepens their knowledge at the tertiary level enough to be able to carry with them into the workplace.

Q:        So your basis, then, is working from that practical on-the-ground reflection status, would that be correct?

A:         That is correct. Obviously media law has two major components to it. One is enough knowledge about and familiarity or literacy to do with the language of law, to be able to understand what defamation or contempt of court or confidentiality, these sorts of things are. And the second element is the actual putting that into practice, to be able to navigate those laws effectively in a highly competitive, under resourced, time poor, stressful news environment where there are other imperatives, in fact there are very significant rewards for pushing the boundaries of the law in a technological era based on clickbait and page views. So the challenge within that is being able to do that both in the classroom environment, but also in an online environment, so there’s no reason why media law, from that content end of the equation, can’t be taught very effectively both in the classroom and online or in a hybrid way.

Q:        Okay.

A:         It’s only recently we’ve really ramped up the online offering of the course and so I’ve had to encounter the challenges of being able to capture that for students just working in a fully online environment as well. …So the course, as I’ve redeveloped it for this year, well for the past few years, but I’ve really refined it for this year, has a dovetailed knowledge-problem based approach. So it’s textbook driven. The Journalist’s Guide to Media Law is the main textbook used in the field throughout Australia … which has little exercises and things in the back of it. Clearly in law you just have to cover certain topics, but unlike a standard legal text, you would already see in the textbook itself, being The Journalist’s Guide, a handbook for communicators with the chapters and headings reflecting – it’s not what they – typically a law textbook is what they call black letter law. … It’s multi-dimensional.

So the second element is a problem based approach and it used to be we had a problem a week that they were dealing with a scenario and now we’ve narrowed that down so they are having more time to work with particular problems and they’re getting guidance within that. So there are, over the course, four or five problems that they work with over the 12 weeks and the first three are submitted as a learning journal approach to the problems. Not learning journal as in “what did I learn from it?”, but learning journal as in a record of their answers to key newsroom law questions that they would need to answer about these things. So if you go to the actual course itself, all of this material is available to the students who are on campus and online.

Q:        Okay.

A:         And I mean we have a very good – within our group here, we have a very good blended learning team based out of Mt Gravatt and they run various courses and a couple of years ago I did the online learning course. A lot of this has been developed with their curriculum design assistance. But the idea is that the students – there’s a certain suite of activities and a lot of it is to do with developing their understanding of reflecting on their learning, even from the very early stages. So in the early slides, it explains the actual – this is just the mini lecture, so there are only three slides here, but it has the study plan of what they’re expected to do as part of their course.

Q:        Yeah, yeah.

A:         So it’s a little, just like a five to 10 minute mini lecture, there’s a learning problem that they preview early on and there are online discussion boards or tutorials or both that they can attend. They read the relevant chapters and the study guide and earlier on it was starting to get to the point that even the textbook talks about mindful practice and the textbook navigates what I call the “legalities and the realities” of media law. In other words, it’s not just about what’s legal and illegal, it’s about how one might navigate legal risk within a work environment and not just for journalists but for public relations practitioners, other new media entrepreneurs, those sorts of things. So they read the chapters, there’s an online study guide as well …

Some people prefer the print material, so they get just a basic run through the main areas. The learning problems are set up with each learning problem the student having to consider the scenario that is put to them in the terms of what are the main media law issues arising in this scenario, what laws and defences might apply, what cases or examples would you draw upon or talk about or to make your decisions there and assuming your goal is to publish as much of it as is legally allowable, you know, what are you going to do in this situation. Or there’s a longer one here, the really prickly things that we normally really hone in on are ones to do with situations involving defamation and contempt of court. There should be really problem two here somewhere, it was like the arrest of a sex murderer on Moreton Island, … – with little study tasks for the online students, which are normally quite similar to the ones at the back of the textbook chapters, although there are a couple of variations in there. So they answer the end of chapter questions, the study guide and the textbook, complete the formative quiz, so that’s something I picked up from the blended learning people, that the – and also just a bit of reading around that area of knowledge, because there’s that knowledge base component.

At the end of each of the five modules, there’s a 20-question quiz. On the actual substantive knowledge where the students have 30 minutes to be able to look up the textbook to get their answers as to what defamation is and that kind of stuff. But what I learnt through my reading around this kind of thing was that the learning is embedded more in that context if the students are presented with the same question again and so for the more important topics like defamation and contempt, those questions are geared to repeat in the later formative quizzes and the formative quizzes are non-assessable but the final one is worth 20 per cent of the assessment and is done in a single hit of 20 randomly generated questions from the others with no backtracking allowed.

Q:        The thing I like with what you’ve just done is that you’ve actually, in some ways, you’ve talked about your problems and then how you’ve set it out, in some ways you’re actually catering for that diversity of the learner too. …If they don’t want the audio, they can go to this to look at the problem or they’ve got that visual …

A:         Yeah and that’s something that’s been drilled home by our blended learning people through the various online development courses, is to try to cater to those different learning styles. And so while on the slide I’m saying they should do all of these things and always return to the learning problems, so preview the learning problem, come back to it later, engage in the tutorial discussion or discussions about it and find and reflect upon the recent readings. Because in media law there’s always new cases unfolding and stuff, people find and so we share that on our Twitter, #MLGriff Twitter feed, which is just a hashtag that people put on it. So this Rebel Wilson’s in the news, all the students are throwing that there. I tweet to that when I’m at seminars and things like that. And you know, it becomes almost like a really useful summary of media law because there are more than 400 students [per year] doing this course … and I’ve got them all integrated into the same program. OUA is a different site just because there’s just slightly different terminology and everything that they use.

Q:        Yeah, that’s right, yeah.

A:         So at any one time, through some of the activities such as the discussion board, you’ll get three of those four cohorts all there on the discussion board, discussing the learning problem or having general course questions or the tutors are engaging with them in their discussion about the answer.

Q:        Okay, so it’s practical – so I suppose what you’ve done is you’ve set up so it’s a practical, interactive course with reflection at the same time, which would then assist them in their development down the track with it, I suppose.

NEXT WEEK: A mindful dimension to the media law course

———–

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 2017

Leave a comment

Filed under blogging, defamation, free expression, journalism, journalism education, media ethics, media law, mindful journalism, online education, reflective practice, social media, terrorism

Mindful journalism explained in Q&A style

By MARK PEARSON

It is heartening to see fellow journalism academics taking an interest in ‘mindful journalism’ – an important area of my research over recent years.

I was honored to be interviewed on the topic by lecturer in journalism and electronic media from the University of Tennessee, Melanie Faizer, and she kindly allowed me to record the interview to screen via this blog.

UPDATE: View Melanie Faizer’s article in Columbia Journalism Review here:

So here it is for those of you interested in mindful journalism as I see it a few years into my journey…

Our book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY, 2015)  explored the possibilities of applying mindfulness techniques to journalism practice.

Screen Shot 2015-05-29 at 3.08.59 pmI  recently wrote an article on the “Right Speech” aspect of mindful journalism for the International Communication Gazette titled ‘Enlightening communication analysis in Asia-Pacific: Media studies, ethics and law using a Buddhist perspective’. Its abstract and link to the full article is available here.

The article backgrounds important critiques of the Western approach to communication  studies, and considers how globalized communication and media studies has become, before exemplifying how a secular Buddhist perspective might offer 2,500 year-old analytical tools that can assist with media analysis, law and ethics.

I’ve also written a shorter account of the basic principles of mindful journalism in the journal Ethical Space: The International Journal of Communication Ethics, and the editors have been kind enough to make that article available for free viewing as a feature item on their website here. You might also want to explore some of their other fascinating articles on media ethics here and perhaps subscribe.

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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 2017

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DEFAMATION CASE UPDATE: Zoef v Nationwide News Pty Ltd – identification and offer of amends appealed #MLGriff

By MARK PEARSON

CASE UPDATE: Zoef v Nationwide News Pty Ltd – 2015, 2016 and 2017

I blogged in 2016 about a case where the mistaken identification of an innocent octogenarian tailor in place of his alleged gun-running son produced a useful case study for media law educators trying to explain the basic elements of defamation.

Indeed, the NSW District Court case of Zoef v Nationwide News Pty Limited & Ors [2015] NSWDC 232 remains an excellent introduction to defamation, although in October 2016 the NSW Court of Appeal overturned the publisher’s defence of “offer of amends” which was originally granted by the lower court, in the appeal case of Zoef v Nationwide News Pty Ltd [2016] NSWCA 283, and awarded the plaintiff $150,000 in damages. The appellant, Mr Tony Zoef, also had a partial victory in a more recent appeal over the backdating of the damages award, costs and interest owing in Zoef v Nationwide News Pty Ltd (No 2) [2017] NSWCA 2.

The first appeal is useful for educators explaining identification issues in defamation and the “offer of amends” defence requirements under s 18 of the Defamation Act 2005 (NSW) (Defamation Act) – and its equivalent in other Australian jurisdictions – while the 2017 appeal holds little value for media law teachers.

The case centred upon an article published in The Daily Telegraph on 22 August 2013.

It appeared a relatively straightforward case of confused identity, where the reporter mistakenly attributed to the older Mr Zoef – a suburban Sydney tailor – the alleged crimes of his son who lived at the same address. At trial, the sole basis on which Mr Zoef’s claim was dismissed was the newspaper’s defence that Mr Zoef had failed unreasonably to accept its offer of amends.

The article in the Telegraph (22-8-13, p. 9) carried the heading “Tailor’s alter ego as a gunrunner”, which might also make an interesting topic of discussion for students around the issue of sub judice contempt: Does such a heading carry a presumption of the accused’s guilt when accompanying a report of a preliminary court appearance? [The article in question is attached to the judgment as a pdf file.]

The article portrayed a then 81-year-old suburban tailor (with a distinctive surname ‘Zoef’) as a gun-runner who had been arrested, charged and appeared in court facing charges related to him holding a huge cache of weapons and ammunition at his home.

Police had indeed raided his premises and had found weapons and ammunition in the house’s garage, occupied by the tailor’s 43-year-old son, who shared his father’s name and was the actual individual who had appeared in court facing those charges.

As I blogged in 2016, the trial judgment by District Court Judge Leonard Levy is a fascinating one for student discussion because several basic concepts in defamation were contested and resolved, including:

  • imputations – how they are worded and presented
  • the misidentification’s impact on the plaintiff’s relationships, business and emotional state
  • the question of identification and case law establishing the extent of defamation of a second person with the same name and address as the first [*** considered on appeal].
  • whether a claim for defamation will hold when some other identifying factors do not match one of the named individuals. [In this case, while the headline identified the plaintiff as a tailor, the article featured a small photograph of his 43 year old son and mentioned the younger man’s age]. [*** considered on appeal].
  • whether the defences of a fair report of proceedings of public concern could apply when there were serious inaccuracies in the article
  • whether an offer of amends had been reasonable and whether it had been accepted by the plaintiff [***the trial judge’s decision which was subsequently overturned on appeal].

The trial judge had held that, despite the serious errors in the reporting of the story and a dispute over whether the publisher’s offer of amends was reasonable and had been withdrawn, the newspaper was entitled to the offer of amends defence.

In the leading appeal judgment, Justice Fabian Gleeson stated:

Taking into account the seriousness of the defamatory imputations and the significant hurt they caused the appellant, the damage to his business as a tailor, the unequal prominence the respondent afforded to the proposed correction and apology and their resultant inadequacy, the modest monetary component of the offer, and the likelihood of the proceedings being successful, the offer of amends was not reasonable. His Honour was in error in finding to the contrary and upholding the respondent’s defence under s 18 of the Defamation Act. (at para 78).

His reasons for that decision involved a step-by-step appraisal of the offer of amends defence and thus make useful instructional material for educators wanting to explain this defence to students. It should also serve to remind journalists that the offer of amends is very much a ‘lawyers’ defence’ – not something that should be handled by journalists or editors independent of legal advice – and given its time constraints it means that counsel from lawyers on the efficacy and wording of any such offer should be sought promptly.

The publisher also challenged the trial judge’s findings on whether the plaintiff had been identified in the article when it carried a photograph of his son and stated his age as 43 years old.

The Court of Appeal affirmed the trial judge’s decision that Mr Zoef Sr had been identified in the article despite those countering factors. Justice Gleeson ruled:

The article in this case contained a prominent and sensational headline, which, when read together with the first paragraph (par 29), would be reasonably understood to refer to the appellant. The strength of the general impression thereby created surpasses and dominates that of the subsequent reference in par 30 to a “43 year old” which is not something the ordinary reasonable reader might be expected to have focused on, let alone re-read or reviewed. It lacked the prominence of the sensational headline and the focus on the local, relatable indicia of the identified person’s name, profession and locality in the foregoing paragraph.

In respect of the photograph, his Honour’s finding that it was “immaterial” is supported by three considerations. One is that the photograph was small, cropped, and, as his Honour found, “less than distinct”. Next, the appellant gave unchallenged evidence in cross-examination that his son was not known to his customers. No identification would therefore have been made on a visual basis by the appellant’s customers. Finally, the use of historical photographs in newspaper articles is not so uncommon as to render unreasonable a conclusion by the ordinary reasonable reader that the article (with an unfamiliar photo) referred yet to the appellant. (paras 159-160).

So there you have it. The Zoef case – both at trial and on appeal – holds valuable lessons for media law students and educators are encouraged to use it as a case study. I have done so successfully with both journalists and tertiary students.

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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 2017

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Is an Open Justice Advocate the solution to overly restrictive suppression orders? #MLGriff

By MARK PEARSON

Jason Bosland [@JasonBosland] – Deputy Director of the Centre for Media and Communications Law at Melbourne Law School – has called for the introduction of a state-funded Open Justice Advocate as a measure to alleviate the continuing practice of judges issuing overly restrictive suppression orders.

Bosland’s explanatory article in Pursuit and his research article the Sydney Law Review come just as we are about to examine open justice and court restrictions in our Griffith University Media Law course, so they are essential reading for students.

He is the acknowledged leader in the field of suppression order scholarship in Australia and his work tracked firstly the need for the Open Courts Act 2013 in Victoria and, more recently, its failings to impact effectively on court practices.

Bosland writes in the Pursuit article:

This leads to a critical question: who is going to protect the fundamental principle of open justice if the courts themselves are not as vigilant as they should be and if the media are increasingly unable or unwilling to intervene? It is my view that the only solution is for the introduction of a state funded open justice advocate.

His longer Sydney Law Review is an expert combination of insightful policy analysis, meticulous scrutiny of the legislation, and illuminating statistics drawn from his funded research projects on the topic. I commend them to all media law geeks and students.

His concludes that article with this wise counsel:

This state of affairs is clearly unsatisfactory. The solution, however, is not to be found in further legislative reform of the courts’ powers. Rather, attention should be directed towards further professional and judicial education, and the development of a range of suitable model orders. Furthermore, a scheme facilitating the appearance of contradictors in suppression order applications — such as the Open Courts Act Duty Barrister Scheme introduced at the instigation of the Chief Justice — is likely to improve current practices. However, it will only be truly effective in solving the problems identified in the present study if it can be extended to all courts.

Insightful indeed.

[See also – my article in The Conversation on how the 2015 edition of our textbook inadvertently breached a Victorian suppression order and had to be reprinted.]

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 2017

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Addressing the Sri Lankan Press Council on media law and mindful journalism

By MARK PEARSON

For the past two weeks I have been in Sri Lanka, where my speaking and interview schedule has been arranged by Dr Sugath Senarath, my co-author of our book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY, 2015).

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Professor Mark Pearson (@journlaw) at the Sri Lanka Press Council event. Photo: Julie Pearson

The highlight was my address to the Sri Lankan Press Council last Wednesday (August 31) on the topic “Designing free expression models in communication with special reference to Commonwealth countries – a mindful Australian perspective”.

I offer the full text of the address to you here. [Please note that sections are excerpted from earlier work, including The Journalist’s Guide to Media Law (co-authored with Mark Polden, Allen & Unwin, 2015), Mindful Journalism (reference above) and my unpublished 2013 address to the Timor Leste National Congress for Journalists.]


Press Commissioner, Press Council Chair and board members, co-author and host Dr Sugath Senarath, academic and media colleagues, journalism and media students and young reporters and other honored guests…

Thank you sincerely for having me here today to talk about the important topic of free expression – a fundamental feature in a working democracy.

It is important that all citizens – particularly journalists and politicians – have a grasp of the principles of free expression, media freedom and their historical context.

Origins of free expression

The free expression of certain facts and views has always been a dangerous practice, with countless people put to death for expressing religious or political views throughout history. Many more have been imprisoned, tortured or punished for such expression. Socrates in 399 BCE elected to drink a poison—hemlock—rather than recant his philosophical questioning (Brasch and Ulloth, 1986, p. 9). The history of freedom of expression is as much a history of censorship, because when free expression has been threatened, intellectuals have been called upon to defend it. It was Johann Gutenberg’s invention of movable type in about 1450 and the massive growth in the publishing industry over the sixteenth and seventeenth centuries in the form of newsbooks and the activities of ‘pamphleteers’ that first triggered repressive laws, and then the movement for press freedom (Feather, 1988: 46). (It is interesting that these individuals were the forerunners of the citizen journalists and bloggers we know today—often highly opinionated and quick to publish speculation and rumour.)

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Delivering the Sri Lankan Press Council address in Colombo. Photo: Julie Pearson

The pamphleteers took umbrage at government attempts to impose a licensing system for printers from the mid-sixteenth century (Overbeck, 2001: 34). Political philosopher and poet John Milton took aim at this in 1644 with Areopagitica, a speech to the parliament appealing for freedom of the presses. He went on to utter the famous free speech principle: ‘Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.’ (Patrides, 1985: 241). Milton inscribed his name on the title page of his unlicensed work, in defiance of the law he was criticising. The notion of free expression had spawned its offspring: press freedom.

Part of Milton’s argument centred on the ‘marketplace of ideas’—the belief that truth will win over falsehood when the two compete. This proposition of a contest between truth and falsehood was often used during the seventeenth and eighteenth centuries to justify freedom of expression (Smith, 1988: 31). It continues in public discourse today.

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Two of the co-authors of ‘Mindful Journalism’, Professor Mark Pearson (left) and Dr Sugath Senarath from the University of Colombo.

Philosopher and political theorist John Locke took up the fight after Milton’s death. Under his social contract theory, governments are there to serve the people, and central to this is freedom of expression (Overbeck, 2001: 36).

Like Milton, Locke campaigned for the end of the English printing licence system, which expired in 1694 (Overbeck, 2001: 36). Those to speak out against restrictions on press freedom at the turn of the eighteenth century included novelist and journalist Daniel Defoe, who wrote ‘An Essay Upon the Regulation of the Press’ around 1704 (Brasch and Ulloth, 1986: 62), and John Trenchard and Thomas Gordon who, under the pen name ‘Cato’, wrote a series of letters about freedom in the 1720s (Brasch and Ulloth, 1986: 64–8).

England’s foremost philosopher of the late nineteenth century, John Stuart Mill, articulated the need for free speech in a liberal democratic society in On Liberty, first published in 1859 (Mill, 1991). He wrote:

The time, it is to be hoped, is gone by, when any defence would be necessary of the ‘liberty of the press’ as one of the securities against corrupt or tyrannical government. No argument, we may suppose, can now be needed, against permitting a legislature or an executive, not identified in interest with the people, to prescribe opinions to them, and determine what doctrines or what arguments they shall be allowed to hear. (1991: 20)

Mill’s On Liberty built on Milton’s ‘marketplace of ideas’ to define the boundaries of freedom of expression in the modern nation-state. One of the great legal minds of the eighteenth century, Sir William Blackstone, in his Commentaries on the Laws of England, had a great impact on the evolution of press freedom by defining it as the absence of ‘previous restraints upon publications’ (Blackstone, 1765–69: 151–2).

Blackstone’s notion of ‘prior restraint’ has underscored the development of media law in the United States. The idea was that freedom of the press could tolerate no restrictions before publication, such as licensing and taxes that had been imposed in Britain, but that the law should take its course after publication to punish those who abused this freedom. Publications should be tax and licence free, but subject to laws like defamation and contempt once published. In both Britain and its colonies, a common weapon for silencing the press had been the crime of ‘seditious libel’—any serious criticism of government or the Crown, whether or not the criticism was truthful. William Murray, Lord Chief Justice and Earl of Mansfield (1704–93), had coined the expression ‘the greater the truth, the greater the libel’ (Whitton, 1998), ensuring that truth would not stand up as a defence to seditious libel.

Despite these restrictions, basic press freedom had taken hold in Britain. Some thought the press had gone too far. In this context, the expression ‘the Fourth Estate’ was coined. At that time, there were said to be three ‘estates of the realm’—the Lords Spiritual, the Lords Temporal and the Lords Common. In 1790, English statesman Edmund Burke is said to have pointed to the press gallery in parliament and said: ‘There are three estates in Parliament but in the reporters’ gallery yonder sits a fourth estate more important far than they all.’ (Inglebart, 1987: 143).

The libertarian ideals on which press freedom is based were not confined to Britain. The movement for civil rights and individual liberties spread throughout Western Europe during the seventeenth to nineteenth centuries, epitomised by the French Revolution in 1789, leaving a legacy of press freedom throughout that region and its colonial outposts.

In Western democratic societies, journalists often take their liberties for granted. But there has never been utterly unshackled free speech or a completely free media: we operate on an international and historical continuum of free expression through to censorship. It is only over the past half-century that the notion of free expression and a free media has gained traction on a broader international scale.

Free expression internationally

There is no enforceable worldwide agreement on free expression as a fundamental human right, although some nations and regions have entrenched free expression in their constitutions. The key international document is the United Nations Universal Declaration of Human Rights, which in 1948 enshrined free expression at Article 19:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.

At face value, this statement seems to give all the world’s citizens a right to free expression. While a declaration of a lofty goal, it has many limitations, as we will see.

Stronger protections came internationally in 1966 when the United Nations (UN) adopted the International Covenant on Civil and Political Rights, prompting a series of binding treaties. The covenant introduces a right to free expression for the world’s citizens, again at Article 19.

However, the right is limited because the covenant also recognises duties, responsibilities and restrictions covering respect for the rights and reputations of others, and the protection of national security, public order, public health or morals. Add to this the fact that many countries either have not ratified the covenant, or have not incorporated its provisions to make them part of their domestic law—as in the case of Australia.

At least three major democratic English-speaking nations in addition to the United States have bills of rights enshrining free speech. British and European liberal ideals found their way into the wording of the American Declaration of Independence in 1776, the US Constitution in 1789 and its Bill of Rights in 1791. Central to the Bill of Rights was the First Amendment to the US Constitution:

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.

US government attempts to restrain publications in the national interest have usually failed on First Amendment grounds.

The Canadian Charter of Rights and Freedoms (1982), like the US First Amendment, recognises freedom of the press as part of section 2(b), which confers upon every citizen the following freedoms: ‘freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication’. The United Kingdom and New Zealand legislation does not mention media freedom, opting instead for the broader term ‘freedom of expression’.

New Zealand’s Bill of Rights, enacted in 1990, states at section 14:Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form’. In 2011, the New Zealand Supreme Court found that the right protected Valerie Morse, an anti-war protester who burned her country’s flag during a dawn memorial service in Wellington. Her conviction for offensive behaviour was set aside.

Despite this, there are many nations with such a free expression clauses in their constitutions where their governments have chosen to ignore them to advance their own interests or to prevent scrutiny of their actions. This has sometimes led to the harassment, assault, imprisonment and even murder of journalists. I note that the Sri Lankan Constitution also enshrines “freedom of speech and expression including publication” and it is encouraging that your new government has taken some first steps towards honouring that right which appears to have been neglected in recent decades. The recent passage of a Right to Information Act is one such encouraging step. Of course, such freedom of information instruments in many countries are ineffective because of the large numbers of exemptions to the release of documents available to governments, the cost of making applications, and the glacial speed with which bureaucracies approve requests for government information – using refusals and appeals to wear down the journalists rightfully seeking facts and information on behalf of the citizenry.

For many truth-seekers and truth-tellers, the commitment to free expression has taken the form of physical injury or danger—even death. The Committee to Protect Journalists (CPJ) lists more than 1200 journalists confirmed as killed in the course of their work since 1992, including 27 in 2016 to date. As a former correspondent for Reporters Without Borders, I must highlight the fact that the world is watching the new Sri Lankan government to see how enthusiastically it pursues and prosecutes those responsible for the murder of 19 journalists in this country since 1992 – criminals who it seems have been able to conduct their assassination of this democracy’s messengers with complete impunity. I suggest the Press Council might consider keeping this issue on the agenda in the interests of media freedom and as a tribute to those who have paid the ultimate price for exercising their Constitutional right to free expression.

Throughout the Asia-Pacific region, many others have died, suffered violence or have been imprisoned for what they report. Some have suffered in other ways, as the victims of lawsuits by those who set out to gag them.

Australia

Australia’s early history was marked by considerable censorship of its media, although an early battle between Governor Darling and the Chief Justice in 1827 prevented the licensing of newspapers.

Australia has no equivalent to the US First Amendment enshrining freedom of the press. However, in recent decades the High Court of Australia has recognised an implied freedom to communicate on matters of politics and government.

Press systems and ethical frameworks are on the agenda in all societies, and we are challenged to accommodate free expression and its close relative, press freedom, within new regulatory, technological and cultural contexts.

Recent inquiries into media regulation in the United Kingdom (Leveson, 2012), Australia (Finkelstein, 2012) and New Zealand (Law Commission, 2013) have recommended major changes to the regulation of media corporations and the ethical practices of journalists. Their motivation stems, at least ostensibly, from public angst—and subsequent political pressure—over a litany of unethical breaches of citizens’ privacy over several years in the United Kingdom, culminating in the News of the World scandal and the subsequent revelations at the Leveson Inquiry (2012), all of which had an undoubted ripple effect in Australia.

Two major inquiries into the Australian news media in 2011 and 2012 prompted a necessary debate over the extent to which rapidly converging and globalised news businesses and platforms might require statutory regulation at a national level. Four regulatory models emerged—a News Media Council backed by recourse to the contempt powers of courts; a super self-regulatory body with legislative incentives to join; a strengthened Australian Press Council policing both print and online media; and a government-appointed Public Interest Media Advocate.

All proposals for any such government intervention with media freedom by such a controlling body by a Press Council or News Council were rejected after considerable pressure from media organisations as anathema to free expression.

Both inquiries acknowledged—and rejected—the notion of a revamped Australian Press Council, proposed in various submissions and in appearances by its then chair. The Australian Press Council was established in 1976 as a newspaper industry ‘self-regulatory’ body—a purely voluntary entity with no powers under law.) Nevertheless, both during and after these two reports, and with new support from most of its members, the Press Council moved quickly to ramp up its purview and powers to address many of its documented shortcomings, such as the refusal of some member newspapers to publish its findings and the threat of withdrawal of funding from others (Simpson, 2012). It locked its members into four-year commitments and established an independent panel to advise on a review of content standards.

At the same time as these changes to media regulation were being proposed, several reformulations of existing media laws were being considered by state, territory and federal governments and their respective law-reform bodies. They covered such topics as privacy law, media classification, intellectual property, cyber-bullying, shield laws and national security laws. Of these, new shield laws have subsequently been introduced in most Australian jurisdictions. Media law and regulation constitute a field subject to continual scrutiny and change, which makes it all the more important for students and professional communicators to keep pace with developments.

It is noteworthy that the self-regulatory institution journal­ists fear most – more than the Press Council and other self-regulation tribunals, is the ABC’s weekly program Media Watch, which was first screened in 1989. Its website promotes it as follows: ‘Everyone loves it until they’re on it’ (www.abc.net.au/mediawatch/). Criticised for being sometimes trite, and often bitchy, Media Watch has exposed some of the nation’s most spectacular ethical breaches over the past two decades. These include blatant instances of plagiarism and privacy invasion and, most famously, an exposé of secret payments being made to talkback radio stars for their endorsement of products and services without the knowledge of their listeners. While Media Watch itself has no sanctions available, the power of the program lies in the fact that ethical breaches and glaring errors are screened on national television, when journalists know their colleagues are watching. The ultimate tool of media self-regulation can indeed be the media itself!

There are several ways journalists in other countries considering regulatory models can learn from this recent experience in Australia.

  1. Comparisons can be dangerous. Even in a democracy with a long history of relatively free expression politicians and governments will seek out and seize any opportunity to regulate the media. International comparisons can be dangerous because we operate within different political and cultural frameworks. When they were arguing for their media reforms, Ministers cited RSF’s World Press Freedom Index, using the argument that Finland remained in number one position there despite having a statutory mechanism for its press regulation. They failed to mention that Finland also has a section in its Constitution guaranteeing free expression and the free flow of information so all laws are formed and applied against that backdrop. It also lacks the hundreds of other media laws that impact on free expression in other countries like Australia.
  2. Beware of regulation creep. Existing laws such as defamation and contempt that apply to all citizens go a long way towards controlling media behavior. I have seen few serious ethical breaches that could not be handled by the existing laws. Once media laws have been introduced it is hard to wind those laws back to re-establish eroded freedoms. Australia passed more than 60 new anti-terror laws after the September 2001 attacks on the US – many impacting on the media – and few of those have been wound back. Media regulation is hard to undo because governments like to have that power.
  3. Don’t trade press freedom. Well meaning journalists and academics are sometimes willing to sacrifice media freedom because of the misbehavior of some media personnel. When you offer governments new powers to control the misbehaviour of some elements in the media you need to accept that those same powers might be used against you at some later stage.
  4. Beware de facto licensing. There is the temptation to issue journalists with accreditation and registration in actual or de facto licensing schemes. While journalists might like the idea of carrying an official card with privileged access, the narrow defining of journalists and journalism by governments presents a real danger to free expression because it privileges some citizens over others as communicators. This gives those issuing and revoking such licenses influence over the message itself. It is even less appropriate in a new era of blogging and social media because the nature of news and journalism is even harder to define. Citizens might become reporters temporarily because of the scale of an event or issue or on an ongoing basis in a narrow field of interest that might momentarily become of broader public interest. It is inappropriate that they should have to seek registration or licensing as a journalist or that they should be punished for reporting without such official licence. Rather, their words or actions should be subject only to the communication limitations placed on all citizens, and in a working democracy they should be limited to only extreme breaches.
  5. Judge a proposed law by its ultimate possible sanction. The best test when trying to gauge the potential impact of new media regulations is not the assurances of their proponents that they will be used only rarely and only in extreme cases, or perhaps not used against journalists. The real test is to look at the ultimate maximum sanctions available and if these involve the potential jailing or fining of journalists then they are anathema to press freedom in a democracy.
  6. Media freedom is above politics. Media regulation was certainly a long overdue debate in Australia, but it was politicised from the outset which undermined the likelihood of the implementation of any of the proposals. Some political parties supported tougher regulation of the media because they had been the target of adverse coverage. A basic human right like free expression should be above politics in a democracy, yet most governments will strive to limit it.
  7. Media freedom is above commercial interest. Opponents of media regulation need to be careful they are not being seen as simply protecting their own commercial enterprises. Criticism of the recommendations by the larger Australian media groups on free expression grounds – particularly by Murdoch executives – were dismissed as a defence of their vested interests (Meade and Canning, 2012). It helps to recruit other senior intellectuals in defence of media freedom – including academics, business leaders and other public intellectuals.
  8. Be wary of ethics codes imposed by governments. Too often governments use ethics codes as a Trojan Horse to push through tougher restrictions on journalists. Ethical codes should be SELF regulatory systems, not legally enforceable instruments carrying potential fines and jail terms.
  9. Training and education in law and ethics is crucial. Media outlets need to be more pro-active in developing better in-house processes for assessing ethical decisions and in explaining those decisions to their audiences. All reforms will, of course, need to be supplemented with better training of journalists about their rights and responsibilities and broader education of ordinary citizens to raise their understanding of the important role of the media in a democracy.
  10. Educate the community about free expression and a free media. The constitutional right to press freedom and free expression need to be part of every school’s civics curriculum and media organisations need to remind their audiences of this constitutional right and its important history at every opportunity.

Mindful Journalism

Just as important as external regulatory and legal systems are the internal processes of journalists’ decision-making – their internal ‘moral compasses’. I have explored this phenomenon in developing the concept of ‘mindful journalism’ with colleagues Shelton Gunaratne and Sugath Senarath in a recent book – Mindful Journalism – published by Routledge in New York last year.

We explore the possibilities of applying some of Buddhism’s core principles to the secular phenomenon of journalism. It must be accepted that Buddhist practices such as ‘mindfulness’ and meditation have been adopted broadly in Western society in recent decades and have been embraced by the cognitive sciences in adapted therapeutic ways (Segal et al 2012).

Each of the constituent steps of the Noble Eightfold Path – understanding free of superstition, kindly and truthful speech, right conduct, doing no harm, perseverance, mindfulness and contemplation – has an application to the modern-day practice of truth-seeking and truth-telling – whether that be by a journalist working in a traditional media context, a citizen journalist or a serious blogger reporting and commenting upon news and current affairs.

We do not propose a definitive fix-all solution to the shortcomings in journalism ethics or their regulation. Rather, ‘mindful journalism’ is an acknowledgment that the basic teachings of one of the world’s major religions can offer guidance in identifying a common – and secular – moral compass that might inform our journalism practice as technology and globalization place our old ethical models under stress. Media coverage can be vastly improved with the application of such principles – working towards a journalism of wisdom and compassion.

One of the problems with emerging citizen journalism and news websites is that their proponents do not necessarily ascribe to traditional journalists’ ethical codes. In a global and multicultural publishing environment the challenge is to develop models that might be embraced more broadly than a particular country’s repackaging of a journalists’ code. However, codes of ethics have often failed to work effectively in guiding the ethics of the traditional journalists for whom they were designed, let alone the litany of new hybrids including citizen journalists, bloggers, and the avid users of other emerging news platforms. Core human moral principles from key classical teachings like the Noble Eightfold Path could form the basis of a more relevant and broadly applicable model for the practice of ‘mindful journalism’.

The recent international inquiries triggered by poor journalism ethical practices have demonstrated that journalism within the libertarian model appears to have lost its moral compass and we need to explore new ways to recapture this. We should educate journalists, serious bloggers and citizen journalists to adopt a mindful approach to their news and commentary accommodating a reflection upon the implications of their truth-seeking and truth-telling as a routine part of the process. They would be prompted to pause and think carefully about the consequences of their reportage and commentary for the stakeholders involved, including their audiences. Truth-seeking and truth-telling would still be the primary goal, but only after gauging the social good that might come from doing so.

Journalists must tell uncomfortable truths for the benefit of society and for the proper functioning of democracies. Politicians particularly need to have thick skins in recognition of the transparency and accountability of the public positions they hold. Before they attack the media they need to reflect upon whether they are acting through craving, attachment or ego.

Even the Buddha allowed for such uncomfortable truths to be spoken. In the Abhaya Sutta, the Buddha addressed Prince Abhaya on the qualities of Right Speech. He related to the prince six criteria for deciding what is worth saying. The third represents how the mindful journalist might approach such criticism of public figures:

[3] “In the case of words that the Tathagata knows to be factual, true, beneficial, but unendearing and disagreeable to others, he has a sense of the proper time for saying them.

Mindful journalists should strive to get their timing correct, but there is no doubt that painful truths sometimes must be spoken. This requires reflection, meditation and insight in the planning and execution of a story to help alleviate suffering. A functioning democracy requires that such unendearing and disagreeable statements sometimes be made about our fellow citizens – particularly those entrusted with the public purse and special powers. It is no less than the role of the Fourth Estate to fulfil this function, and it is heartening to see that Sri Lanka is again investing in the fundamental freedoms that allow journalists to do so. I am sure the Sri Lankan Press Council can play an important role in advocating for press freedom and encouraging a robust journalism of truth, wisdom and compassion.

Thank you.

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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 2016

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Reporting Islam in the spotlight at #AEJMC16

By MARK PEARSON

My sabbatical semester travels now have me in Minneapolis for the annual convention of the Association for Education in Journalism and Mass Communication – #AEJMC16.

Visiting the Hindu temple in Minneapolis with the Religion and Media interest group from AEJMC with my Mindful Journalism co-author Shelton Gunaratne (front row, second from left).

Visiting the Hindu temple in Minneapolis with the Religion and Media interest group from AEJMC with my Mindful Journalism co-author Shelton Gunaratne (front row, second from left). [Photo: Julie Pearson]

I’m presenting a paper titled “Perspectives of journalists, educators, trainers and experts on news media reporting of Islam and Muslim communities in Australia and New Zealand”, showcasing research from our @ReportingIslam project, written with colleagues Jacqui Ewart (@jacquiewart) and Guy Healy.

Our paper uses data from an Australian study to ascertain issues associated with news media coverage of Islam and Muslims from the perspectives of journalists, journalism educators and media trainers. We draw on data from interviews with 37 journalists, editors, educators, media trainers, Muslim community leaders and other experts located in Australia and New Zealand to explore their understandings of the ways stories about Islam and Muslims are reported and why.

We’re looking forward to the feedback from colleagues after two interesting sessions on similar topics yesterday.

On Wednesday we visited Muslim, Hindu and Christian places of worship in Minnesota with the Media and Religion interest group from the conference (pictured left).

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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 2016

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Gearing up for a stimulating and mindful #wjec16

By MARK PEARSON

Many of the leading lights in journalism education internationally gather in Auckland next week for the fourth World Journalism Education Congress at AUT Auckland.

WJECWebsiteScreenshotFor me, it will be a busy start to a sabbatical semester and I am looking forward to chairing a session, being respondent for another, a panellist in a 21st century ethics discussion, and presenting two conference papers with @ReportingIslam project colleague Jacqui Ewart (@jacquiewart).

Interested? Here are the session descriptions and abstracts. See the full program here.

WJEC preconference of the Journalism Education and Research Association of Australia (JERAA), AUT Pacific Media Centre (PMC) and Media Educators Pacific (MEP), Wednesday, 13 July 2016, 4-5.30pm

A Research-driven Approach to Developing a Best Practice Checklist for Journalists Reporting upon Islam and Muslims

Prof Mark Pearson and Prof Jacqui Ewart (Griffith University, Australia)

This paper explains the processes undertaken to research, develop and trial a checklist for journalists or journalism students for the ethical and mindful reporting of stories involving Islam as a religion or Muslim people. The presenters outline an innovative approach to such a task where the international literature in the field and follow-up research informed the creation of an extended checklist which was then refined according to the perceived needs and priorities of the journalists and students who were presented with it.

This paper presents the methodology and results of the study implementing exactly that approach, which might inform future approaches to the development of such guidelines across a broad range of reporting topics. The study formed part of a major Australian Government funded project involving the creation of research-based resources on the mindful reporting of Islam and Muslim people.

Academic research papers stemming from international studies on reporting Islam and journalism ethics were searched. We also undertook 29 interviews with journalists, journalism educators, journalism students and academics with expertise in the media and Islam in Australia and New Zealand. Topics covered included best and poor practice and curricular and pedagogical approaches to educating journalists for more mindful reporting. We analysed this data – previous studies and the interview transcripts – as a crucial part of the development of an extended list of 30 questions journalists and editors might ask themselves when covering a story related to Islam or Muslim people. Journalists, educators and journalism students (n = 123) attending workshops throughout 2015 were presented with the 30 questions and were asked to nominate the 10 they felt were most important (in no particular order), using a variation of “forced choice” testing in survey methodology (Frederick, 2004, pp. 397-398). The responses were then ranked in order of importance into a “Top Ten” checklist and subsequently built into the project’s resources and curricula which were in turn trialled with journalists, journalism educators and students at several sites in four Australian states and in Canberra. This paper explains that the approach has at least three benefits – the pedagogical advantage of the embedded learning happening while the participants perform the ranking; the reassurance for the teaching resource developers that the selected guidelines are considered the most important by the target groups; and the enhanced credibility of the resulting guidelines for those subsequently using them. The paper details the methodological and educational research underpinning the approach and presents the resulting refined checklist.

Frederick, R. (2004). Forced-choice testing. In M. Lewis-Beck, A. Bryman, & T. Liao (Eds.), Encyclopedia of social science research methods. (pp. 397-398). Thousand Oaks, CA: Sage.

WJEC Conference, July 14, 11am-12.30pm

Panel 2: 21st century ethical issues in journalism
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This panel explores the ethics of journalism in an environment where journalistic authority is diminished and new relationships with news publics are being sought. The speakers, drawing on a range of philosophical positions, will explore arguments around journalistic independence, engagement with the public good, transparency and sincerity. In doing so, the panel members will trace some of the major fault lines in contemporary journalism ethics around truth-telling and accountability and assess ways through which journalists can morally justify their work.
Chair: Donald Matheson, Canterbury University (New Zealand)
Panelists:
Mark Pearson, Griffith University (Australia)
Cherian George, Hong Kong Baptist University (Hong Kong)
Linda Steiner, University of Maryland (United States)
Respondent: Stephen Ward, University of British Columbia/University of Wisconsin-Madison (Canada)
WJEC Conference, July 16, 11-12.30pm
Paper session: 21st Century Ethical Issues in Journalism 3
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Eliciting Best Practice in Reporting Islam: Case studies from Australia

Mark Pearson and Jacqui Ewart, Griffith University

Much is known about the poor practices adopted by some news media outlets in their coverage of Islam and Muslims, but relatively little research has been conducted into what might constitute best practice in this important area of reportage (Pintak & Franklin, 2013; Rupar, 2012). In this presentation we discuss two case studies from Australia, involving a range of approaches to reporting stories involving Islam and Muslims. These case studies were part of the first stage of a projected three-stage project aimed at developing best practice resources to encourage the more mindful reporting of Islam and Muslims. The first case study includes a set of examples of news media reporting of proposed and existing mosques and prayer rooms. We chose this particular case study because the international literature revealed that mosque proposals and construction projects frequently became the focus of negative news media coverage (DeHansas and Pieri 2011; Dunn, 2001; Alleivi, 2009). Key journalistic lessons to emerge from the examination of the articles about coverage of planned, proposed or existing mosques included the need to: pay attention to the type of language used in news reports; focus on using non-inflammatory language; ensure a range of voices are heard in reports; avoid giving attention to extreme points of view held by a minority; ensure images are in context; verify the veracity of protestors’ claims; assess the proportion of protesting residents in the particular community; embed ongoing coverage of issues affecting Muslim communities into the news schedule; and consider the broader social and current affairs context when covering stories about Islam and Muslims.

The second case study focuses on two approaches to national media coverage of radicalisation and association of Muslim people with violence and terrorism because the international body of research highlights the tendency of news media to make connections between, or conflate, these issues (Altheide, 2007; Murphy et al, 2015; Pintak and Franklin, 2013; Rupar, 2012).

There were some similarities and some differences between the approaches of the two national media outlets (newspaper and public television) to essentially the same topic of radicalisation of Australian Muslim men at approximately the same point of history. Both used a range of sources including some experts, mainstream Muslims and radicalised militants and/or their friends or associates; demonstrated a lack of detail on the sponsorship of their key expert sources; and simplified and sensationalised the issue in key aspects. Differences included: a generalised headline damaging the credibility of the newspaper’s overall coverage and the television program’s use of a moment of conflict in its promo; the newspaper’s use of a single expert source and the television program’s use of several; the newspaper’s profile of a single Muslim suburban woman for its ‘typical’ or ‘mainstream’ Muslim perspective as opposed to the television program’s inclusion of a range of diverse Muslim voices from different ethnic groups and locations; and the newspaper’s delay in offering Muslim community leaders’ perspectives until its follow-up coverage the next day as distinct from the television program including several such voices.

Using the international literature about best practice in reporting Islam and Muslims and the findings from our analysis of the case studies, we draw upon the research, our case studies and selected data from a series of interviews with experts to present a schema of 30 best practice questions journalists might reflect upon when reporting Islam and Muslims.

References

Allievi, S. (2009). ‘Conflicts Over Mosques in Europe: Policy Issues and Trends–NEF Initiative on Religion and Democracy in Europe’, Network of European Foundations.

Altheide, D.L. (2007). The Mass Media and Terrorism, Discourse and Communication, 1(3): 287-308.

De Hanas, D.N., and Pieri, Z.P. (2011). Olympic Proportions: The Expanding Scalar Politics of the London ‘Olympics Mega-Mosque’, Sociology 45(5): 798-814.

Dunn, K. M. (2001), Representations of Islam in the politics of mosque development in Sydney. Tijdschrift voor economische en sociale geografie, 92: 291–308.

Murphy, K., Cherney, A., and Barkworth, J., (2015), forthcoming). Avoiding Community Backlash in the fight against terrorism: Research Report.

Pintak, Lawrence and Franklin, Stephen (eds) (2013). Islam for Journalists; A Primer on Covering Muslim Communities in America. [Digital newsbook]. US Social Science Research Council; Edward R Murrow College of Communication, Washington State University. Available: https://www.rjionline.org/downloads/islam-for-journalists

Rupar, V. (2012). Getting the facts right: Reporting ethnicity and religion. A study of media coverage of ethnicity and religion in Denmark, France, Germany, Greece, Hungary, Italy, Lithuania, Slovakia and the United Kingdom.[Project Report]. Brussels: International Federation of Journalists. Available: http://ethicaljournalisminitiative.org/en/contents/eji-study-2012

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RELATED:

More on the Reporting Islam Project:

Griffith University Red Couch interview: Spotlight on Reporting Islam

ALSO RELATED:

Related to my ethics panel presentation, our recent book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY, 2015)  explored the possibilities of applying mindfulness techniques to journalism practice.

Interested? You can listen to my 10 minute interview on Radio National’s Media Report here.

Screen Shot 2015-09-04 at 9.46.24 am

See also my account of the basic principles of mindful journalism in the journal Ethical Space: The International Journal of Communication Ethics, and the editors have been kind enough to make that article available for free viewing as a feature item on their website here. You might also want to explore some of their other fascinating articles on media ethics here and perhaps subscribe.

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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 2016

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Filed under blogging, Buddhism, citizen journalism, Eightfold Path, free expression, Islam, journalism, journalism education, media ethics, mental health, mindful journalism, social media, terrorism

Crystal ball gazing 101: Media Club event triggers flashback to 1995

By MARK PEARSON

Huffington Post Australia CEO Chris Janz addressed the Gold Coast Media Club at Griffith University yesterday (17/6/16) and offered fascinating insights into how the leading international news brand is forging success in an ever-changing mediascape.

My Griffith University journalism and public relations colleagues and I quizzed him on the implications for our students and programs. His essential toolkit for the journalism graduate in the new era?  All the basics of good reporting (fairness, accuracy, fact-checking etc) plus a good measure of curiosity, enthusiasm and the ability to cope with change.

The event and topic triggered a flashback to my own address to what was then the Gold Coast Media Industry Club way back in 1995 when the “Net” was first taking off as a mainstream medium. As I recall, only the Melbourne Age had an online version. Amazingly, I just found an ancient text file of that speech in my backups folder, and thought I would reproduce it here for those interested in checking whether my  crystal ball gazing was accurate – or way off beam – two decades ago. (You’ll see how early it was in the growth of the Internet at the time, with fewer than 9,000 commercial websites in existence internationally.)

Apologies for the missing graphics. I’m not sure I had access to Powerpoint back then, and my ‘slides’ were transparencies displayed on an overhead projector [OHPs/OHTs] .

I hope you enjoy the journey back in time and would love to hear your reactions.

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“The Media and the Internet: Threat or Opportunity?”

Gold Coast Media Industry Club address by Mark Pearson

Gold Coast Arts Centre, July 14, 1995

Where do you think you’d find these things if you really needed to access them?

  • The share price for Zeolite
  • The weather in Nairobi
  • Program details for a Croatian film
  • Photographs of women in G-strings and in steamy shower scenes.
  • The value of the Cyprus pound
  • The world mosquito-killing record, as set in Finland.

The Internet? … No, actually all those things appeared in this issue of the Gold Coast Bulletin.

It’s amazing what you’ll find in your daily newspaper.

I’m a great fan of newspapers. My whole career has been built upon them. Production-wise it’s easy to see why they’re called the ‘daily miracle’. I still can’t fathom how those two rolls of paper arrive on my front lawn every morning… the human and physical resources that have gone into them … the efforts of correspondents in Finland relayed to news agencies, where sub-editors process copy and send it thousands of kilometres to other news agencies who forward it to newspapers where it is selected, edited and placed alongside photographs and advertisements which have been through equally complex processes. And somehow it’s all printed and transported and passed through many more hands before it arrives next to my letterbox and I have to fight my wife and 14 year old son to read it.

But that still doesn’t mean I’m interested in the weather in Nairobi or the value of the Cyprus pound. I find enough in the newspaper to keep me buying it and its advertisers must find enough buyers in the newspaper to keep sponsoring it.

There are a few lessons for us here when we start to think about a new technology like the Internet. And this talk’s devoted to three of those lessons:

  1. The value of information is relative. What’s trivia to me might be important to you. What’s fun to me might offend you.We can’t impose our own values on other people’s information.
  2. All media have their advantages and disadvantages.
  3. No matter what the medium, the audience comes first.

And I’m going to apply all of that to the Internet: discuss the material we find on it, talk about its pros and cons; and take a look at the demographics of its audience.

I’m going to try to do all that without using the hype that’s being bandied about when it is discussed. We’ll assess it as a medium, decide whether it’s useful to us, and have a bit of fun along the way.

  1. The Internet as a Medium

Technological developments such as the telegraph, radio and television prompted changes in both the gathering and distribution of news. But only the advent of the computer and advances in telecommunications have redefined mass communication. The convergence of media, computing and telecommunications is allowing audiences a degree of independence and interactivity not possible with traditional media.

Newspapers, magazines, radio and television were all one-to-many communication media, with single products or programs being distributed to mass audiences. Presenting news to such audiences was a matter of determining the topics of greatest interest to the largest number of readers, listeners and viewers. Audience choice was limited to the selection of the medium and the news product. From that point on audiences had to take what they were offered. The new media allow for a significantly greater degree of choice and interactivity, prompting questions about the suitability of mass media techniques of reportage and distribution.

What are the new media? Obviously, the “new” media will change with time. Newspapers comprised the “new medium” of the 18th century; television the “new medium” of the 1950s. To me, the new media are those which involve some convergence of traditional media to offer audiences a greater level of choice and interactivity. Examples include the Internet and its permutations (such as the World Wide Web and on-line discussion groups); broadband distribution services providing interactive television services in homes; and virtual reality technology offering the user some electronic experience which appears real.

The Internet is the linking of computers at thousands of academic, governmental and commercial institutions worldwide into a wide area computing network (WAN). Figures are in dispute, but conservative estimates put full Internet access at more than 30 million and simple electronic mail access at 120 million world-wide.

But it’s built on chaos. The whole system – originally a US defence initiative – was premised on the notion that no single link would be crucial to the network, so that if any single computer was taken out by a military strike the other nodes could still communicate. It’s this interconnectivity that makes the whole network so difficult to count – and just as difficult to regulate.

The most exciting part of the Internet today is the world wide web of computers using a common language to publish material to computers with different architectures throughout the world. Hundreds of traditional media outlets – newspapers, magazines, radio and television stations – are now producing Web versions of their products.

Other new players are creating tailor-made services for Web presentation. And hundreds of thousands of individuals are publishing their own Web pages as a hobby.

Whereas a newspaper might have previously been competing on the news stand against a handful of other newspapers and scores of magazines, on the Internet it is competing against hundreds, perhaps thousands of other newspapers and magazines and millions of independently initiated documents and multi-media presentations, each of which has varying relevance to its separate readers’ needs.

This makes the function and purpose of a traditional media provider problematic from both a communication and an economic perspective. For example, how useful and viable is the entity known as The Age newspaper when published in an electronic form on the World Wide Web? At the same time, how useful and viable does the print version of the same newspaper continue to be to its traditional audience? Such questions strike at the heart of the dilemma facing traditional providers as they confront the ramifications of a large-scale move towards the new media.

At the same time, traditional journalism can be enhanced by adept use of new technologies in reportage. New resources are now at the finger tips of the journalist wanting to use the Internet for reporting. Computer aided reporting involves electronic access to government documents, court reports, articles, and specialist opinions, adding to the depth of coverage of an issue and the discovery of angles on stories which might never have been contemplated. So, while new media might represent a threat to the medium in which the journalist currently works, the journalism itself can be enriched by using the new media proficiently.

Newspapers and the journalism which evolved through their pages owe their very existence to a technological innovation which, when harnessed by the intellectual pursuits of modern humanity, has provided the catalyst for the spread of knowledge. That invention was the printing press. The evolution of the printing process from the archaic machinery of the seventeenth and eighteenth centuries, through the era of hot metal type to computer typesetting and finally to electronic pagination and distribution has affected the time frames within which newspaper journalism has been expected to be conducted and the audiences which it has been able to reach.

The introduction of the telegraph, radio and television each brought their own challenges to media practices.

The fleeting 1980s technologies of videotext/teletext news services were a flop because they expected audiences to sit in front of television sets and read text over which they had no control.

The new media make no such mistakes. They are premised on interactivity and user choice. The theory is you get the information or entertainment you request … when and where you want it. The mass media is becoming individually tailored. That’s the main point of difference of both the Internet and the broadband interactive services promised with the next phase of digital television.

So, what does it look like?

Here’s a new publication I started with my students last week: the first daily journalism student production targeted exclusively at a Web audience…

Explain background to Bond student project. (OHPs1-3) (explain how it beat SMH with main news by 16 hours and television stations by 4 hours). People in Anchorage can be reading our news hours before Australians are accessing the mainstream media.

Ours is one site of more than 2000 Australian sites on the World Wide Web. There are more than 5 million of them internationally. Just like the daily newspaper, there’s a lot of guff out there in cyberspace. There’s the trivial and the bizarre…

(Read two from .net directory)

(Explain toilet one.)

There are entertaining sites: (Sound and video clips from the latest movies, fan club pages, even interactive chess – Daniel).

There are educational sites, places to do courses and research material for projects and essays. (Ancient Egypt page, Library catalogues, interactive classrooms.)

But is it useful???

Explain my usage: checking references, politicians’ names/contact numbers, multi-media course outline.

But for Mrs Allen over the road … probably not just yet. As the sites build up locally I could see her accessing catalogues, getting quotes and ordering products by email, downloading and printing a map of Fraser Island for her next trip, booking her camping permit there, and dragging some puzzles off the Net to entertain her kids on the long drive there.

For Mrs Allen, it will be a matter of being educated as to its possibilities. For her children, it or some version of it will be second nature.

You’ve seen our fairly modest news production. Here’s the kind of product being produced exclusively for Web distribution…

[OHP: Hotwired home page.]

  1. Commercial potential

Commercial use of the World Wide Web can take three main forms:

  • Passive presence

A Web site used for PR or low-key corporate presence. This might simply give information about the company and its activities and structure.

  • Spot advertising

Actual display advertising on someone else’s Web site. (OHP: MacMillan site).

(Explain Infoseek’s search page: Cathay Pacific giveaway, Alamo freeways online rentacar, Species, the sci-fi thriller from MGM/UA, Sun Microsystems, Metricom Wireless Data Technologies, MacMillan Information Superlibrary, Internet Shopping Network, NECX Direct computer products, Dealernet – the source of new car information)

  • Designated sales site

A whole Web site specifically designed to sell a product. (OHP: First National example.)

US market research group ActivMedia has produced one of the first reports on Internet marketing.

It reported there were 588 commercial World Wide Web (www) sites at the end of September 1994. Eight months later, the index listed more than 6,000, an average monthly growth rate of 34%. Even if growth slows considerably, 9,000 commercial websites will exist before the end of August, 1995. ActivMedia surveyed 195 of these active Internet marketers, and projected the responses to reveal an industry worth more than $300 million.

(OHP: Activmedia graph)

Interestingly, it showed that the average website was generating more than US$7000 per month in sales for the average active marketer, with 18 per cent reporting five figure turnover generated to their websites.

  1. Demographics

Cyberspace (Show William Gibson Neuromancer book cover).

Cyberspace…. A graphic representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data. Like city lights, receding…

Gibson’s cyberspace was an incredibly violent and masculine place, with the direct neural connection between humans and computers both exhilarating and painful.

The non-fiction cyberspace is rarely violent, often exhilarating, but is notably masculine.

The Graphics, Visualization, & Usability Center at the College of Computing, Georgia Institute of Technology surveyed 13,000 Web users and came up with the following demographic data:

  • Average age across all users was 35.
  • More than 80% of users were men, but female use was increasing.
  • More than half of the users were married or had been.
  • 60% of users had no dependents.
  • Average income of users was US$69,000
  • 70% used their computers for “fun” for more than five hours per week. (Time they might otherwise be watching television.)
  • Women did less fun computing than men.
  • 30% had been on the Internet for less than 6 months.
  • Almost half owned only one computer.
  • Only 31% were in the computing profession, with the next largest occupational groups education, professional and management.
  • 22% said they would not pay fees to access Web sites.
  • 85% of users shared their computers with others.
  • About 20% use their computer for work for more than 30 hours per week.

The advertising and marketing people will know much more about that demographic than I do. I’ll make two blatantly obvious comments: They’re not all tech-heads, or nerds, as they have been portrayed, and they have money to spend. You can figure out the rest.

  1. Problems

[OHP] Load: technical difficulties of speed and quality.

Access: Information rich vs. information poor

Control: large vs. small players. Delphi on line within month. Microsoft to launch its exclusive Web access under the long awaited Windows 95 release.

Legal hazards: Copyright and stealing images, Defamation (WA academic who sued over Internet libel), trade practices (consumer fraud), and the common legal problem of trans-jurisdictional infringements.

Pornography

Down side – rape in cyberspace, child pornography arrest.

Fun side: ‘teledildonics’; erotica.

In conclusion ………………

Some say this whole Web thing is like the gold rush era: the only ones who’ll make any money out of it will be those who supply the miners with rations, rum and rump.

Others call it the ‘world’s largest zero billion dollar industry’.

Experts who claim to predict the future have only one thing in common – they’re always wrong.

But I’ve got a feeling there’s gold in them there hills for any media player with a good eye for an audience and the right product to market.

Just remember that audiences are human beings with their own problems and passions. Technology on its own holds no power. The power is in your ability to use it to help people solve their problems and to ignite their passions.

The Internet will prove to be a threat to those of you who don’t understand your audiences. And perhaps an opportunity to those who do.

© Mark Pearson 1995 and 2016

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.

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