Category Archives: journalism education

Danish expert explains European media law #MLGriff

By MARK PEARSON

Danish School of Media and Journalism media law associate professor Thomas Pallesen visited us at Griffith University this month and delivered guest lectures to my media law classes.

We recorded this interview where he explained the European approach to media law, particularly how courts strike a balance between the rights to free expression and privacy.

View the interview here [10 mins 05 secs, produced by Shenil Ranpura, Griffith University].

 

© Mark Pearson 2018

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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John Stuart Mill predicted the likes of Trump and the echo chamber #MLGriff

By MARK PEARSON

A passage by the great philosopher John Stuart Mill in his seminal work ‘On Liberty’ seems prescient almost 160 years after it was published. It offers insights into ‘false news’ in a ‘post-truth era’.

Much has been written about the sycophants who surround some leaders of politics and business, too fearful to suggest that their views might just be wrong or misguided.

In modern times some have suggested that nobody in the White House would dare question or debate the assertions US President Donald Trump emits daily via Twitter and at rallies of supporters. They have called it the “Emperor with no Clothes” phenomenon.

Related to this is the suggestion that social media and modern means of communication adds to the “echo chamber” where we accept as truth the rumours and assertions of those we “follow” or of commentators on the media channels that best suit our world view.

Again, it is said that the echo chamber for Trump and his supporters centres upon information and commentary in Fox News, which he has excluded from his rants against what he labels ‘fake news’ in other media.

While the communication media might have changed since 1859, there is nothing new about this, because Mill warned us of both phenomena in his landmark text.

I stumbled upon the passage this week when researching an address for a conference session and thought it was timely to share it with you here.

It offers important insights into our conceptions of “truth” and adds credence to better education in fact checking and source assessment, not just for journalists but also for the broader citizenry:

Absolute princes, or others who are accustomed to unlimited deference, usually feel this complete confidence in their own opinions on nearly all subjects. People more happily situated … place the same unbounded reliance only on such of their opinions as are shared by all who surround them, or to whom they habitually defer: for in proportion to a man’s want of confidence in his own solitary judgment, does he usually repose, with implicit trust, on the infallibility of “the world” in general. And the world, to each individual, means the part of it with which he comes in contact; his party, his sect, his church, his class of society … Nor is his faith in this collective authority at all shaken by his being aware that other ages, countries, sects, churches, classes, and parties have thought, and even now think, the exact reverse. He devolves upon his own world the responsibility of being in the right against the dissentient worlds of other people; … Yet it is as evident in itself as any amount of argument can make it, that ages are no more infallible than individuals; every age having held many opinions which subsequent ages have deemed not only false but absurd; and it is as certain that many opinions, now general, will be rejected by future ages, as it is that many, once general, are rejected by the present.” – John Stuart Mill (1859). On Liberty. London: John W. Parker and Son. [underscore added by author]

 

© Mark Pearson 2018 and John Stuart Mill 1859

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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Why study media law? #MLGriff

By MARK PEARSON

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

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

Here are 10 key benefits of media law study:

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

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

© Mark Pearson 2018

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Social media developments have legal implications and require a new literacy

By MARK PEARSON

Every new development in Internet and social media communication renders countless new people ‘publishers’ –  exposed to risky media law situations they might never have anticipated. 


Advances in communication technology in this new millennium have redefined the ways in which most of us share news and information. Industry upheaval and technological disruption have prompted many journalists to retool as bloggers, public relations consultants, multimedia producers and social media editors.

These roles add exciting new dimensions to journalism and strategic communications—including conversations and engagement with audiences and instant global publishing at the press of a button. But they also present new legal risks that most professional communicators – and even ordinary citizens – did not envisage in the twentieth century.

The changes have been so profound that they have impacted the ways we live and organise our lives and work practices. It is only when we review some of the milestones of the internet and Web 2.0, together with the legal and regulatory changes they have prompted, that we start to appreciate the need for all professional communicators to be knowledgeable about media law.

While the worldwide connection of computers, giving rise to the phenomenon we know as the internet, dates back to the early 1980s, it did not start to impact the lives of ordinary citizens until the mid-1990s. Melbourne’s Age newspaper became one of the first in the world to offer an online edition in 1995 (van Niekerk, 2005). Over the ensuing years, entrepreneurs started to embrace the commercial potential of the World Wide Web, just as consumers began to use it to source products and services, and students began to engage with it as an educational tool—predominantly from their desktop computers.

By the end of 2016, there were approximately 13.5 million internet subscribers in Australia (ABS, 2017). It was not until August 2003 that the first major social networking platform, MySpace, was launched in California. It was the leading social networking site in the world from 2005 until 2008, when it was surpassed in popularity by Facebook, which by 2017 had almost two billion monthly users, including 15 million in Australia (Media Watch, 2017). In the six months to June 2016, 93 per cent of internet users aged 18 to 24 used social networking sites (ACMA, 2016:  58). Streaming of entertainment and news has also become part of daily life.

In June 2016, 39 per cent of Australian adults had watched Netflix in the previous seven days, while 27 per cent had watched professional content on YouTube and 16 per cent had viewed the pay television service Foxtel (ACMA, 2016: 82). In the United States by 2017, six out of ten young adults were primarily using online streaming to watch television (Rainie, 2017). Associated with this was the remarkable uptake of the mobile telephone and other devices. The iPhone was only launched in 2007, but by 2016 more than three-quarters of Australians owned a smartphone (ACMA, 2016: 18). The iPad was born in mid-2010 into a market segment that many experts thought did not exist, but by 2016 more than half of Australians used or owned a tablet device (ACMA, 2016: 55).

Even more technologies are unfolding rapidly, with implications for both the media and the law, with the increasing use of drone devices for news-gathering purposes and the awe-inspiring Internet of Things (IoT), where everyday devices are all interconnected, offering novel news-gathering and delivery systems for the media but also complex legal ramifications—particularly in the realm of privacy and security law.

Governments, courts and other regulators have been forced to decide on the various rights and interests affected by these new media forms, and some of their decisions have taken private enterprise by surprise. It is a far more difficult task, however, to educate the broader community about social media legal risks.

The core message is that we are all publishers in the eyes of the law when we publish a blog or post to a social media platform, and in that role all citizens are subject to the same laws that have affected journalists and publishers for centuries.

Further, the instantaneous and global nature of the media means that we may also be the subject of foreign laws of countries other than Australia—particularly if we work for a multinational corporation, or choose to travel to, or have had material we wrote downloaded in, a place where our posts might have broken the law or infringed upon someone’s rights. These laws include defamation, contempt of court, intellectual property, confidentiality, privacy, discrimination and national security.

All this makes a strong argument for greater social media literacy among professional communicators and the wider community.

[Excerpted from Pearson, M. and Polden, M. (2019, 6th edition, forthcoming). The Journalist’s Guide to Media Law. A Legal Handbook for Digital Communicators. (Allen & Unwin, Sydney).]

References

Australian Associated Press (AAP) 2017, ‘Changes to media ownership laws’, SBS, 14 September, <www.sbs.com.au/news/article/2017/09/14/changes-media-ownership-laws>.

Australian Bureau of Statistics] 2017, Internet Activity, Australia, December 2016, cat. no. 8153, ABS, Canberra, <www.abs.gov.au/ausstats/abs@.nsf/mf/8153.0>.

Australian Communications and Media Authority] 2016, Communications Report 2015–2016. ACMA, Sydney, <www.acma.gov.au/theACMA/Library/researchacma/Research-reports/communications-report-2015-16>.

van Niekerk, M. 2005, ‘Online to the future’, The Age, 28 January, <www.theage.com.au/news/National/Online-to-the-future/2005/01/27/1106415726255.html>.


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

© Mark Pearson 2018

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Article 10 expert discusses free expression as a human right #MLGriff

By MARK PEARSON

It was a pleasure hosting two esteemed European media and law colleagues over summer.

Recently retired colleagues Emeritus Professor Dirk Voorhoof (University of Ghent) and Dr Inger Høedt-Rasmussen (University of Copenhagen) toured Australia and New Zealand, visiting law schools and media law colleagues along the way.

They recently formed the Legal Human Academy, an organisation based online from Denmark critiquing media law, human rights and legal education issues.

Professor Voorhoof is an acknowledged expert in Article 10 (free expression) rights and cases in Europe, so I took the opportunity to interview him about this for the benefit of media law students.

View the interview here [14 mins 41 secs, produced by Bevan Bache, Griffith University].

 

© Mark Pearson 2018

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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Making the case for a discipline [Book Review from Australian Journalism Review]

By MARK PEARSON

There has been much debate over many years about the place of journalism education in the academy,  whether journalism is even a ‘discipline’ on a par with others, and whether a journalism methodology should be considered ‘academic’ research.

Chris Nash offers a refreshing and thoughtful perspective on these issues in his recent book What is journalism?: The art and politics of a rupture (2016), London, Palgrave MacMillan, which I reviewed for the December 2017 issue of Australian Journalism Review.

Here, I offer the unedited version of that review as submitted.

Making the case for a discipline [Book Review]

Australian Journalism Review
Volume 39 Issue 2 (Dec 2017)

Pearson, Mark (Reviewed by)
Abstract: Review(s) of: What is journalism?: The art and politics of a rupture, by Nash, C. (2016), London, Palgrave MacMillan, ISBN 9781137399335 hbk, 9781137399342 ebk, hbk, ebk, 247pp, $136 hbk, $116 ebk.

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To cite this article: Pearson, Mark. Making the case for a discipline [Book Review] [online]. Australian Journalism Review, Vol. 39, No. 2, Dec 2017: 213-214. Availability: <https://search.informit.com.au/documentSummary;dn=360615283766665;res=IELLCC&gt; ISSN: 0810-2686. [cited 16 Feb 18].

Personal Author: Pearson, Mark; Source: Australian Journalism Review, Vol. 39, No. 2, Dec 2017: 213-214 Document Type: Journal Article, Book Review ISSN: 0810-2686 Subject: Journalism; Journalistic ethics; Mass media–Social aspects;

 

Nash, C. (2016). What is Journalism? The Art and Politics of a Rupture. London: Palgrave Macmillan. ISBN 978-1-137-39933-5 hdbk / ISBN 978-1-137-39934-2 ebook; pp. 247; RRP $136 hdbk / $116 ebook

Reviewed by Mark Pearson

Chris Nash reaffirms his place as a leading intellectual in Australian journalism education with this book exploring the theoretical and methodological status of journalism in the academy.

While the main title – What is Journalism? – might be suggestive of an introductory undergraduate text or even a careers guide, the subtitle The Art and Politics of a Rupture establishes Nash’s higher purpose – to develop and map a status for quality journalism as an academic method and discipline in its own right rather than mere fodder for ‘true’ academic disciplines like history, sociology, philosophy and media studies.

“As far as other disciplines are largely concerned, there is no issue to discuss; there is scholarship, there is journalism, and they are different,” Nash writes. “Journalist scholars are being crushed in a glacial silence, caught between the continuing innovations and achievements in professional practice and the wall of resistance in the academic world. The position is untenable. (p. 236).

This is a book targeted at the academy and graduate journalism students, particularly those experienced journalists undertaking doctoral research degrees in journalism.

In a precise yet accessible narrative, Nash centres his argument upon the fulcrum of an epistemological ‘rupture’ – when artist Hans Haacke’s exhibition at New York’s Guggenheim Museum in 1971 was cancelled by the museum director because three of the works were “not art but journalism” – in a “high-profile act of repudiation” (pp. 1 and 203).

Nash juxtaposes this case study (and suspends the question of whether journalism can, in fact, be art) against an analysis of two works of non-fiction by I.F. Stone, regarded as among the greatest journalists of the twentieth century – one critiquing the US role in the Korean War and the other using available artefacts to revisit the events surrounding the ancient Trial of Socrates.

Nash proceeds to elicit frameworks (some presented as conceptual matrices) – drawn from Pierre Bourdieu, David Harvey, Henri Lefebvre, Michel-Rolph Trouillot and Gaye Tuchman – to identify key components of what might constitute journalism, including space, time, social relations and imagination. He treats as methodological challenges journalism’s purported shortcomings as an academically acceptable research output – the elusive notion of ‘news sense’, the focus on a present without context and the unquestioning dependence on powerful establishment sources.

The result is a novel and important contribution to the debate about the constituent components of journalism at its best.

‘News sense’ is that opaque quality, a sixth sense for identifying newsworthiness in a given set of facts that might make it a story – a facility journalists are meant to either possess innately or learn on the job. In Australian journalism education it was so closely identified with what it meant to be a journalist that Adelaide Advertiser cadet trainer Bob Jervis adopted it as the title of his leading craft-oriented journalism textbook in 1985.

Nash elevates this ‘nose for news’ beyond its trade school status by building it into “a theory that validated the reflexivity of what appears to be intuition” and links it to spatiotemporarity (p. 109). To do so, he invokes Bourdieu’s field theory and its incumbent concept of ‘habitus’ as a metatheoretical framework.

As predominantly a media law scholar, I am in awe of Nash’s command of the body of intellectual literature that backgrounds his argument – which he explains in his clear and erudite style and then weaves it meticulously into his model (not a ‘theory’, he insists) of what journalism truly is.

In an era of technologically, economically and culturally disrupted journalism, Nash might have found more room to flesh out the important question of journalistic identity – in both the form of self-identity of those who practice journalism and the acknowledgement of others (peers and audiences) that the work produced is indeed journalism. Self-identity involves journalists’ self-labelling as ‘journalists’ rather than as historians, artists, strategic communicators, PR practitioners or sociologists. It was a crucial distinction between the two main protagonists in his study – Haacke who produced works of ‘journalism’ but who identified as an artist, and Stone who identified as a journalist but produced incisive historical and political analysis yet eschewed the academy.

There are parallels with indigenous identity here – genetics alone are not enough. And this is where peer and audience acceptance plays a role in who might be a journalist and whether the work they produce might be accepted as ‘journalism’, whether or not it meets the Nash criteria for journalism of such a high quality and standard of reflexivity that it might also stand as acceptable academic research.

Linked here is the journalist’s sense of audience, which Nash acknowledges:

This public morality sits well with journalism because a defining element of journalism is its public voice. It is possible for scholars in other disciplines to directly address only one another through academic texts and conference presentations, but journalism must always directly address a notional public and use a public voice. (p. 227).

All of this has practical implications for pragmatic issues like government agencies’ proffering a field of research code to journalism and universities’ acceptance of works of journalism as academic research outputs. In short, Nash has offered tools for such debates with this important addition to the international literature on journalism epistemology, theory and methodology.

The global positioning and application of his thesis is a crucial component of his achievement. It is heartening to see an Australian journalism educator take the world stage with this impressive scholarly contribution.


The review sits within an excellent edition of AJR – the last edited by my esteemed colleague Professor Ian Richards – recently retired from the University of South Australia. A heartfelt welcome to  new editor, Dr Kathryn Bowd from the University of Adelaide.

Here are the contents of Ian’s final edition. I recommend it to you and your libraries for subscription.

Australian Journalism Review

Volume 39 Issue 2 (Dec 2017)

Publisher: Journalism Education AssociationISSN: 0810-2686Publication Type: JournalSubjects: Media; Newspapers; Journalism Coverage: Volume 31, Issue 1 (July 2009) – onwards (Comprehensive)Peer Reviewed: Yes

Database: Literature & Culture Collection

Editorial
Obituaries
Health Journalism
10

Outlining a model of social journalism for health

Sweet, Melissa; Geia, Lynore; Dudgeon, Pat; McCallum, Kerry; Finlay, Summer May; Williams, Megan; McInerney, Marie; Armstrong, Ruth; Doggett, Jennifer; Coopes, Amy; Ward, Mitchell J; Senior, Tim; Ricketson, Matthew

11

#JustJustice: Rewriting the roles of journalism in Indigenous health

Williams, Megan; Finlay, Summer May; Sweet, Melissa; McInerney, Marie

Articles
Emerging Scholars
Book Reviews
22

Cogent account of media influence

Spurgeon, Christina

Contributor Notes
Ethics Statement

 

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

© Mark Pearson 2018

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INFORRM a highly recommended resource for journalists and media law students #MLGriff

By MARK PEARSON

Congratulations to UK-based media law blog INFORRM (INternational Forum for Responsible Media) on reaching an impressive 4 million hits since it started seven years ago.

The site – international but with an understandable UK orientation – boasts more than 5,500 followers including  3,500 on Twitter @inforrm.

INFORRM has just listed its Top Twenty Posts of all time (in descending order of popularity):

From time to time over recent years they have been kind enough to repost my blogs or commentary pieces, including these:

Australia: Whither media reform under Abbott? – Mark Pearson

25 11 2013

Where will the new Liberal-National Coalition government led by Prime Minister Tony Abbott head with the reform of media regulation? Communications Minister Malcolm Turnbull and Attorney-General George Brandis were vocal opponents of the former Gillard Government’s proposals to merge press self-regulation with broadcast co-regulation into a new framework.

Read the rest of this entry »

Privacy in Australia – a timeline from colonial capers to racecourse snooping, possum perving and delving drones – Mark Pearson

13 10 2013

Australia MapThe interplay between the Australian media and privacy laws has always been a struggle between free expression and the ordinary citizen’s desire for privacy. I have developed this timeline to illustrate that tension. Read the rest of this entry »

 

Privacy On Parade – Mark Pearson

12 05 2012

The right to privacy is a relatively modern international legal concept. Until the late 19th century gentlemen used the strictly codified practice of the duel to settle their disputes over embarrassing exposés of their private lives.

The first celebrity to convert his personal affront into a legal suit was the author of The Three Musketeers, Alexandre Dumas père, who in 1867 sued a photographer who had attempted to register copyright in some steamy images of Dumas with the ‘Paris Hilton’ of the day – 32-year-old actress Adah Isaacs Menken. Read the rest of this entry »

 

Australia: News Media Council proposal: be careful what you wish for – Mark Pearson

10 03 2012

The Finkelstein (and Ricketson) Independent Media Inquiry report released on 28 February 2012 is a substantial and well researched document with a dangerously flawed core recommendation.

An impressive distillation of legal, philosophical and media scholarship (compulsory reading for journalism students) and worthy recommendations for simpler codes and more sensitivity to the needs of the vulnerable are overshadowed by the proposal that an ‘independent’ News Media Council be established, bankrolled by at least Aus$2 million of government funding annually. Read the rest of this entry »

 

Consumer law holds solution to grossly irresponsible journalism – Mark Pearson

9 11 2011

This post originally appeared on the Australian Journlaw blog.  It suggests an interesting new approach to media regulation which, as far as we know, has not been suggested in debates in this country.  We are reproducing it with permission and thanks to provide a further perspective on those debates.

Australia does not need a media tribunal with regulatory powers to punish ethical transgressions.  It already has one – in the form of the Australian Competition and Consumer Commission (“ACCC”). Read the rest of this entry »


… as well as occasional snippets in their useful Law and Media Roundup section and this review of my book Blogging and Tweeting Without Getting Sued by media lawyer Leanne O’Donnell:

Book Review: Mark Pearson “Blogging and Tweeting Without Getting Sued” – Leanne O’Donnell

11 04 2012

Professor Mark Pearson’s Blogging & Tweeting Without Getting Sued will be welcomed by anyone writing online … Melbourne media lawyer Leanne O’Donnell reviews this timely legal guide to a rapidly evolving media landscape

Mark Pearson’s new book Blogging & Tweeting Without Getting Sued: A global guide to the law for anyone writing online – is very accessible guide to laws relevant to the all those writing online. Read the rest of this entry »


I find the INFORRM “Blogroll” is a particularly useful resource – regularly updated and featuring these media law blogs from throughout the world. Together they provide a wonderful resource for media law students, journalists and researchers. (Thanks for including journlaw.com,  INFORRM!)

Surely sufficient bedtime reading for even the most avid media law geek!

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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