Category Archives: Press freedom

January 18, 2024 · 11:20 am

The Communicator’s Guide to Media Law and Ethics – A Handbook for Australian Professionals

My latest book has been published, covering both media law and ethics for communication students and practitioners.

The Communicator’s Guide to Media Law and Ethics – A Handbook for Australian Professionals (Routledge, London and NY, 2023) offers an introduction to the key legal and ethical topics confronting Australian journalists and strategic communicators both at home and internationally and offers a suite of reflective techniques for navigating them.

It starts by positioning morals, ethics, and the law in their historical and philosophical frameworks by tracing the evolution of free expression and professional media ethics. Media law and ethics are then contextualised in their modern international human rights framework.

Readers are equipped with a skill set for reflecting on the law and ethics of professional media dilemmas – including mindful reflection, the Potter Box, journaling, concept mapping, and discussion.

Such approaches are then applied to key topic areas, including free expression; reputation; confidentiality; privacy; justice; intellectual property; national security; discrimination and harassment; and conflicted interests.

Each is examined in terms of its philosophical underpinnings, relationship to human rights, professional ethical context, international examples, legal principles, key Australian laws, legal cases, and strategies for applying reflective practice techniques. It concludes on a confident note – imploring communicators to engage in constructive and mindful strategic communication with the authority and confidence that results from a working knowledge of media law and ethics.

This handbook is for professional communicators and students in all fields, but particularly in journalism, public relations, corporate communication, media relations, and marketing.

Academics can request inspection copies here.

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 2024 – the moral right of the author has been asserted.

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Filed under censorship, communication, cyberbullying, defamation, First Amendment, free expression, global journalism, journalism, journalism education, libel, media ethics, Media freedom, media law, Media regulation, online safety, Press freedom, social media

Tagged as communication-law-and-ethics, cyberbullying, defamation, ethics, free expression, freedom to communicate, investigative journalism, journalism, journalism education, Journalist's guide to media law, law, legal education, mark pearson, media, media law, news, online safety, professional values

May 23, 2023 · 12:49 pm

Abuse of Stan Grant highlights law and policy of cyberbullying and online harassment #MLGriff

By MARK PEARSON Follow @Journlaw

The debate surrounding indigenous journalist Stan Grant standing down after harassment from some traditional media and cyberbullying underscores the importance of our research into the online safety of diverse journalists.

The research project by our joint team from Griffith University and Macquarie University was titled ‘Online Safety of Diverse Journalists’.

It was commissioned by Media Diversity Australia (MDA) and funded by the Australian Broadcasting Corporation (ABC), Meta (Facebook), Google News Initiative, the e-Safety Commissioner and Twitter.

The main findings were well explained in this Conversation piece by my research colleagues Bronwyn Carlson, Susan Forde, Madi Day and Faith Valencia-Forester.

My role in the project was to write a law and policy summary about cyberbullying and online safety of diverse journalists and a 15,000 word appendix to the report.

The extended policy report (see Appendix A of the report) reviews the legal, regulatory and self-regulatory landscape of the online safety of diverse news media workers/journalists in Australia – that is, media workers living with disability, culturally and linguistically diverse (CALD), Aboriginal and Torres Strait Islander, and/or LGBTQIA+. It benchmarks those policies against comparable Western democracies.

The summary of the policy landscape in the area contains 28 key law and policy measures with varying utility and availability, ranging from international human rights instruments down to criminal laws of particular jurisdictions.

© Mark Pearson 2023 – the moral right of the author has been asserted.

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Tagged as Bronwyn Carlson, cyberbullying, defamation, diverse journalists, ethics, Faith Valencia-Forester, free expression, freedom to communicate, investigative journalism, journalism, Journalist's guide to media law, law, Madi Day, mark pearson, media, Media Diversity Australia, media law, online safety, professional values, stan grant, Susan Forde

November 1, 2022 · 9:22 am

New public interest defamation defence the subject of chapter in investigative journalism book #MLGriff

By MARK PEARSON Follow @Journlaw

A forthcoming book on changes to investigative journalism across three key liberal democracies features a chapter I have written on the new Australian public interest defence to defamation.

Investigative Journalism in Changing Times – Australian and Anglo-American Reporting, is edited by University of Southern Queensland lecturer Dr Caryn Coatney, who has written five of the 12 chapters.

The book offers new insights into the crucial role of investigative journalism at a pivotal time of technological changes and upheavals.

It surveys innovations and unexpected impacts of the field, from past and present challenges, and what may be in store for the future of the industry.

It is due for publication by Routledge on December 30, 2022.

As explained in its cover notes, the book starts by exploring the increasingly investigative innovations in political and independent reporting, along with a comparison of the rhetoric and reality of a so-called “golden era” of investigative journalism in the past and the present.

The book proceeds to analyse the growth of creative and sports investigative reporting, as well as the ability of contemporary conflict journalism to overcome surmounting challenges.

It also examines the capacity of groundbreaking investigations, including data reporting, to expose injustices involving women, indigenous communities and other minorities.

It features interviews with key industry and research professionals, presenting the reactions of four media experts to the crises faced by investigative journalism in a digital environment of escalating disinformation, legal restrictions and popular interest in the news.

The book concludes by reflecting on previous and current challenges and offers insights into the prospect for investigative journalism of the future.

Presenting unique views on the diversity, resilience and transformative power of investigative journalism, this book will be a valuable resource to students and scholars of journalism, communication, media and politics, as well as professionals already operating within the field of journalism.

My chapter examines the fourth estate principle of the ‘public interest’ as informing important reforms to defamation law in Australia.

It offers an historical and international context to the law around investigative and public interest journalism and tracks some of the financial and legal hurdles investigative journalists and their publishers face when defending defamatory material in their reports.

Shortcomings of the key defences to defamation are highlighted with case examples.

It then details an important recent defamation law reform in Australia – the introduction of a new ‘public interest’ defence modelled on a 2013 UK predecessor – and considers the extent to which it might benefit the enterprise of investigative journalism using historical and international comparisons.

The chapter concludes by speculating how the new defence might have applied hypothetically to a current high-profile trial as a means of examining its potential utility for public interest journalism.

© Mark Pearson 2022 – the moral right of the author has been asserted.

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Filed under censorship, communication, defamation, First Amendment, free expression, global journalism, journalism, journalism education, libel, media ethics, Media freedom, media law, Media regulation, national security, Press freedom, reflective practice, social media, Whistleblowing

Tagged as caryn coatney, defamation, ethics, free expression, freedom to communicate, investigative journalism, journalism, Journalist's guide to media law, law, mark pearson, media, media law, professional values, reflective practice, trauma

October 7, 2021 · 11:36 am

Ten steps for assessing your social media risk

By MARK PEARSON Follow @Journlaw

Colleague Susan Grantham and I have just co-written a new book, Social Media Risk and the Law – A Guide for Global Communicators, published in September 2021 by Routledge.

It presents a stakeholder-oriented approach to risk minimisation designed to help social media managers and moderators anticipate, identify, address and balance these dangers and opportunities.

As part of its launch we have written a blog on the Routledge site about the importance of understanding how to engage with online and social media conversations. We recommend ten steps to best establish a general social media legal risk assessment that applies to your overall professional social media use and the way it interacts with your organization’s policies and processes. You can find our blog on the ten steps here. Enjoy!

If you are a communication professional wanting to study in this area, please consider enrolling in our online courses Social Media Law and Risk Management (postgraduate, fully online) or Media Law (undergraduate, available online or on campus).

© Mark Pearson 2021 – the moral right of the author has been asserted.

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Filed under censorship, communication, defamation, First Amendment, free expression, intellectual property, Internet, journalism, journalism education, libel, media ethics, Media freedom, media law, media literacy, Media regulation, national security, open justice, Press freedom, Privacy, public relations, reflective practice, risk, risk management, social media, sub judice, suppression

Tagged as Australian media, communication education, communication law, defamation, free expression, freedom to communicate, international law, journalism, journalism education, Journalist's guide to media law, law, mark pearson, media, media law, privacy, risk management, social media, social media law, social media risk, social media risk and law, susan grantham

April 9, 2021 · 2:20 pm

How to stay out of court while using social media in business

By MARK PEARSON Follow @Journlaw

Social media offers unlimited opportunities, but professional communicators need effective risk analysis strategies to assess potential legal hazards when posting or hosting content.

A stakeholder-oriented approach to risk minimisation can help social media managers and moderators anticipate, identify, address and balance these dangers and opportunities.

In our new book, colleague Susan Grantham and I have identified ten key questions an organisation might ask in establishing its level of social media legal exposure.

I review these ten questions and a further five specific questions for analysing specific social media legal risks in my latest blog in Griffith University’s Professional Learning Hub’s Thought Leadership series here.

If you are a communication professional wanting to study in this area, please consider enrolling in our online courses Social Media Law and Risk Management (postgraduate) or Media Law (undergraduate).

© Mark Pearson 2021 – the moral right of the author has been asserted.

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March 15, 2021 · 9:36 am

Social media law resources for professional communicators

By MARK PEARSON Follow @Journlaw

Colleague Susan Grantham and I have written a new book – Social Media Risk and the Law: A Guide for Global Communicators – now in production for publication by Routledge later this year.

Image by Gerd Altmann from Pixabay

We offer professional communicators strategies for taking advantage of social media while also navigating the ethical, legal, and organisational risks that can lead to audience outrage, brand damage, expensive litigation and communication crises.

We take a global approach to risk and social media law, drawing on case studies from key international jurisdictions to explain and illustrate the basic principles.

Of course, an international approach means we need to direct readers to more detailed information about social media laws in their own jurisdictions. We encountered many resources for this purpose along the way, and offer this compilation as a starting point for social media managers wanting to learn more …

Social media law resources for professional communicators – a starting point

Here are some starting points for further information about the main social media law topics covered in our book – Grantham, S. and Pearson, M. (2021, forthcoming). Social Media Risk and the Law: A Guide for Global Communicators. Routledge: Oxon and NY. Topics covered include general information, news, human rights and free expression, cases, business and corporate laws, crime and justice, defamation, intellectual property and privacy/confidentiality. [Thanks to inforrm.org for some useful suggestions. Many more media law blogs and UK resources are listed there.]

International

General, miscellaneous and news

Guardian media law blog – https://www.theguardian.com/media/medialaw

International Forum for Responsible Media blog – https://inforrm.org/

Shear on Social Media Law – https://www.shearsocialmedia.com/media_opportunities

Human rights and free expression

Universal Declaration of Human Rights – https://www.un.org/en/universal-declaration-human-rights/

Article 19 – article19.org

Reporters Without Borders – https://rsf.org/en

IFEX – International Free Expression – https://ifex.org/

Index on Censorship – https://www.indexoncensorship.org/

Transparency International – https://www.transparency.org/en

Media Defence – https://www.mediadefence.org/about/

Cases and news

World Legal Information Institute – http://www.worldlii.org/countries.html

Business laws and regulators

International Consumer Protection and Enforcement Network (ICPEN) – https://icpen.org/

Consumers International – https://www.consumersinternational.org/

International consumer protection agencies – https://www.ftc.gov/policy/international/competition-consumer-protection-authorities-worldwide

List of securities regulators internationally – https://www.iosco.org/about/?subsection=membership&memid=1

Crime and justice

UN Global Programme on Cybercrime – https://www.unodc.org/unodc/en/cybercrime/global-programme-cybercrime.html

Defamation

International Press Institute – International Standards on Criminal and Civil Defamation Laws – http://legaldb.freemedia.at/international-standards/

Intellectual property

World Intellectual Property Organisation – https://www.wipo.int/portal/en/index.html

Directory of intellectual property offices – https://www.wipo.int/directory/en/urls.jsp

Privacy and confidentiality

Global Privacy Enforcement Network – https://www.privacyenforcement.net/

International Association of Privacy Professionals (IAPP) – https://iapp.org/

Africa

General and miscellaneous

Collaboration on International ICT Policy in East and Southern Africa (CIPESA) – https://cipesa.org/

Human rights and free expression

African Freedom of Expression Exchange (AFEX) – https://www.africafex.org/

African Union – Democracy, Law and Human Rights – https://au.int/en/democracy-law-human-rights

Freedom of Expression Institute – http://www.fxi.org.za/component/option,com_frontpage/Itemid,36/

Case law databases

African case law databases – http://www.worldlii.org/cgi-bin/gen_region.pl?region=250

African Legal Information Institute – https://africanlii.org/

Veritas Zimbabwe – http://www.veritaszim.net/

Business laws and regulators

National Consumer Commission (South Africa) – https://www.thencc.gov.za/

Financial Sector Conduct Authority – https://www.fsca.co.za/

Crime and justice

Institute for Security Studies – https://issafrica.org/

International Justice Resource Centre – Africa – https://ijrcenter.org/regional/african/

Defamation

INFORRM – South Africa – https://inforrm.org/category/south-africa/

Intellectual property

Department of Deeds Companies and Intellectual Property (Zimbabwe) – http://www.dcip.gov.zw/

Privacy and confidentiality

Data Protection Africa – https://dataprotection.africa/

Asia-Pacific

General and miscellaneous

Asian Media Information and Communication Centre (AMIC) – https://amic.asia/

Pacific Media Watch – https://pmc.aut.ac.nz/profile/pacific-media-watch

Asian Law Network Blog – https://learn.asialawnetwork.com/

Law and Other Things blog (India) – https://lawandotherthings.com/

Human rights and free expression

Free Speech in China – http://blog.feichangdao.com/

Case law databases

Asian case law (WorldLII) – http://www.worldlii.org/cgi-bin/gen_region.pl?region=2647

Pacific Islands Legal Information Institute – http://www.paclii.org/index.shtml

Business laws and regulators

The ASEAN Committee on Consumer Protection (ACCP) – https://aseanconsumer.org/

Singapore Competition and Consumer Commission – https://www.cccs.gov.sg/

Asia Law Network Blog – Consumer Law – https://learn.asialawnetwork.com/cat/personal/consumer-law/

Crime and justice

International Justice Resource Centre – Asia – https://ijrcenter.org/regional/asia/

Asia Law Network Blog – Criminal and Litigation – https://learn.asialawnetwork.com/cat/personal/criminal-and-litigation/

Netmission.asia – https://netmission.asia/

Defamation

Asia Law Network Blog – Defamation – https://learn.asialawnetwork.com/cat/personal/defamation/

Slater and Gordon – Destination Defamation, South-East Asia – https://www.slatergordon.com.au/blog/business-law/destination-defamation-south-east-asia

Intellectual property

Intellectual Property Office of Singapore – http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home

Privacy and confidentiality

Asia Pacific Data Protection and Cyber Security Guide 2020 – https://iapp.org/resources/article/311636/

Australia

General and miscellaneous

Communications and Media Law Association – https://www.camla.org.au/

Gazette of Law and Journalism – https://glj.com.au/

Professor Mark Pearson’s blog – www.journlaw.com

Human rights and free expression

Australian Human Rights Commission – Social Media – https://humanrights.gov.au/quick-guide/12098

MEAA media freedom reports – https://www.meaa.org/category/mediaroom/reports/

Case law databases

Australasian Legal Information Institute (AustLII) – http://www.austlii.edu.au/

Federal Register of Legislation – https://www.legislation.gov.au/

Business laws and regulators

Australian Competition and Consumer Commission – Social Media – https://www.accc.gov.au/business/advertising-promoting-your-business/social-media

Australian Communications and Media Authority – https://www.acma.gov.au/

Australian Securities and Investments Commission – https://asic.gov.au/

Law Society of NSW – Guidelines on Social Media Policies – https://www.lawsociety.com.au/resources/resources/my-practice-area/legal-technology/guidelines-social-media

Fair Work Commission – https://www.fwc.gov.au/

Crime and justice

High Court of Australia – www.hcourt.gov.au

Australian Attorney-General’s Department – Courts – https://www.ag.gov.au/legal-system/courts

The Australian Constitution – https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/

Defamation

Defamation Watch (Justin Castelan) – http://defamationwatch.com.au/about/

Intellectual property

Australian Copyright Council – https://www.copyright.org.au/

IP Australia – https://www.ipaustralia.gov.au/

Privacy and confidentiality

Office of the Australian Information Commissioner – Social Media Privacy – https://www.oaic.gov.au/privacy/your-privacy-rights/social-media-and-online-privacy/

Australian Privacy Foundation – https://privacy.org.au/

Canada

General and miscellaneous

Department of Justice – Canada’s System of Justice – https://www.justice.gc.ca/eng/csj-sjc/index.html

Canadian Bar Association – https://www.cba.org/Home

Legal Line Canada – https://www.legalline.ca/

Human rights and free expression

Canadian Charter of Rights and Freedoms – https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/index.html

Canadian Journalists for Free Expression – https://www.cjfe.org/

Case law databases

Canadian case law (WorldLII) – http://www.worldlii.org/catalog/51528.html

Supreme Court of Canada – https://www.scc-csc.ca/case-dossier/index-eng.aspx

Canadian Media Lawyers Association – https://canadianmedialawyers.com/

Business laws and regulators

Canadian Advertising and Marketing Law – http://www.canadianadvertisinglaw.com/

Office of Consumer Affairs – http://consumer.ic.gc.ca/eic/site/oca-bc.nsf/eng/home

Canadian Bar Association – Social Media Policies in the Workplace – https://www.cba.org/Publications-Resources/CBA-Practice-Link/2015/2014/Social-media-policies-in-the-workplace-What-works

Canadian Securities Administrators – https://www.securities-administrators.ca/

Crime and justice

Supreme Court of Canada – https://www.scc-csc.ca/home-accueil/index-eng.aspx

Media Smarts – Online Hate and Canadian Law – https://mediasmarts.ca/digital-media-literacy/digital-issues/online-hate/online-hate-canadian-law

The Court.ca – blog on Canadian Supreme Court – http://www.thecourt.ca/

Defamation

Mondaq Canada – A Primer on Defamation – https://www.mondaq.com/canada/libel-defamation/725558/a-primer-on-defamation

Intellectual property

Canadian Intellectual Property Office – http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home

Privacy and confidentiality

Office of the Privacy Commissioner of Canada – https://www.priv.gc.ca/en/

Privacy Canada – https://privacycanada.net/

David T.S. Fraser’s Privacy Law Resources – http://privacylawyer.ca/

Europe (see below for UK)

General and miscellaneous

Droit de technologies (France) – https://cours-de-droit.net/droit-des-ntic-droit-des-nouvelles-technologies-de-l-information-et-de-a121602690/

Human rights and free expression

ECHR blog – https://www.echrblog.com/

The Irish for Rights – http://www.cearta.ie/

Case law databases

Eastern Europe case law (WorldLII) – http://www.worldlii.org/cgi-bin/gen_region.pl?region=2210

Western Europe case law (WorldLII) – http://www.worldlii.org/cgi-bin/gen_region.pl?region=251

Business laws and regulators

European Consumer Centre Network (ECC-Net) – https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en

Citizens Advice – https://www.citizensadvice.org.uk/

Crime and justice

European Justice – Courts – https://e-justice.europa.eu/content_eu_courts-15-en.do

Court of Justice of the European Union – https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_en

Defamation

Council of Europe – Defamation – https://www.coe.int/en/web/freedom-expression/defamation

Czech Defamation Law – https://czechdefamationlaw.wordpress.com/

Intellectual property

European Commission – Intellectual Property Rights – https://ec.europa.eu/info/business-economy-euro/doing-business-eu/intellectual-property-rights_en

Manual on European Defamation Law – Media Defence – https://www.mediadefence.org/resources/manual-on-european-defamation-law/

Privacy and confidentiality

General Data Protection Regulation – EU – https://gdpr.eu/

Europe Data Protection Digest – https://iapp.org/news/europe-data-protection-digest/

New Zealand

General and miscellaneous

Ministry of Justice – Harmful digital communications – https://www.justice.govt.nz/courts/civil/harmful-digital-communications/

NZ Law Society – Social media’s legal criteria – https://www.lawsociety.org.nz/news/lawtalk/issue-812/social-medias-legal-criteria/

Human rights and free expression

NZ Government – Human rights in NZ – https://www.govt.nz/browse/law-crime-and-justice/human-rights-in-nz/

Human Rights Commission – https://www.hrc.co.nz/

New Zealand Bill of Rights Act 1990 – https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

Case law databases

New Zealand Legislation – https://www.legislation.govt.nz/

New Zealand Legal Information Institute Databases – http://www.nzlii.org/databases.html

Courts of NZ Judgments – https://www.courtsofnz.govt.nz/judgments

Business laws and regulators

Commerce Commission – https://comcom.govt.nz/

Consumer Protection – Online safety laws and rules – https://www.consumerprotection.govt.nz/general-help/consumer-laws/online-safety-laws-and-rules/

Crime and justice

Ministry of Justice – Courts – https://www.justice.govt.nz/courts/

Courts of NZ – https://www.courtsofnz.govt.nz/

Defamation

Defamation Update NZ – https://defamationupdate.co.nz/

Intellectual property

NZ Intellectual Property Office – https://www.iponz.govt.nz/

Privacy and confidentiality

Office of the Privacy Commissioner – https://www.privacy.org.nz/

Ministry of Justice – Key Initiatives – Privacy – https://www.justice.govt.nz/justice-sector-policy/key-initiatives/privacy/

Privacy Foundation NZ – https://www.privacyfoundation.nz/

South America

General and miscellaneous

Marco Civil Law of the Internet in Brazil – https://www.cgi.br/pagina/marco-civil-law-of-the-internet-in-brazil/180

Human rights and free expression

American Convention on Human Rights – Article 13 – http://www.oas.org/en/iachr/expression/showarticle.asp?artID=25&lID=1

Article 19 – Brazil and South America regional office – https://www.article19.org/regional-office/brazil-and-south-america/

Case law databases

Legal Information Institute – World legal materials from South America – https://www.law.cornell.edu/world/samerica

Business laws and regulators

OECD – Corporate Governance in Latin America – https://www.oecd.org/daf/ca/corporategovernanceinlatinamerica.htm

Crime and justice

Legal Information Institute – World legal materials from South America – https://www.law.cornell.edu/world/samerica

Wilson Center – The Brazilian Judicial System – https://www.wilsoncenter.org/publication/the-brazilian-judicial-system

Defamation

Committee to Protect Journalists – Criminal Defamation Laws in South America – https://cpj.org/reports/2016/03/south-america/

Intellectual property

BizLatin Hub – Overview – Intellectual Property Regulations in Latin America – https://www.bizlatinhub.com/overview-intellectual-property-regulations-latin-america/

Intellectual Property Magazine – South America – https://www.intellectualpropertymagazine.com/world/south_america/

Privacy and confidentiality

Bloomberg BNA – Privacy Law in Latin America and the Caribbean (Cynthia Rich) – https://iapp.org/media/pdf/resource_center/Privacy_Laws_Latin_America.pdf

United Kingdom

General and miscellaneous

International Forum for Responsible Media blog – https://inforrm.org/

Brett Wilson Media Law blog – http://www.brettwilson.co.uk/blog/category/media-law/

Information Law and Policy Centre – https://infolawcentre.blogs.sas.ac.uk/

Human rights and free expression

Transparency Project – http://www.transparencyproject.org.uk/blog/

Case law databases

British and Irish Legal Information Institute (BAILII) – https://www.bailii.org/

Business laws and regulators

Competition and Markets Authority – https://www.gov.uk/government/organisations/competition-and-markets-authority

ACAS – Unfair Dismissal – https://www.acas.org.uk/dismissals/unfair-dismissal

Financial Conduct Authority – https://www.fca.org.uk/

Crime and justice

Courts and Tribunals Judiciary – Structure of the courts and tribunal system – https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-structure/

The Supreme Court – https://www.supremecourt.uk/

Defamation

BBC News – Defamation cases – https://www.bbc.co.uk/news/topics/cxwke9d43kkt/defamation-cases

Scandalous blog – https://www.fieldfisher.com/en/services/dispute-resolution/defamation-and-privacy/defamation-blog

Carruthers Law – Defamation definitions – https://www.carruthers-law.co.uk/our-services/defamation/defamation-definitions/

Intellectual property

UK Intellectual Property Office – http://www.ipo.gov.uk/

UK Copyright Service – https://copyrightservice.co.uk/

Privacy and confidentiality

Gov.UK – Data Protection – https://www.gov.uk/data-protection

Information Commissioner’s Office – https://ico.org.uk/

United States

General and miscellaneous

Social Media Law Bulletin – https://www.socialmedialawbulletin.com/

HG.org Law and Social Media – https://www.hg.org/legal-articles/the-law-and-social-media-31695

Technology and Marketing Law Blog – Eric Goldman – https://blog.ericgoldman.org/

Human rights and free expression

Center for Internet and Society (Stanford University) – http://cyberlaw.stanford.edu/

Committee to Protect Journalists – cpj.org

US Courts – What does free speech mean? – https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does

Freedom Forum Institute, First Amendment Center – https://www.freedomforuminstitute.org/first-amendment-center/

Case law databases

US case law (WorldLII) – http://www.worldlii.org/us/

Justia US law – https://law.justia.com/

Legal Information Institute – Cornell University – https://www.law.cornell.edu/

Internet cases – Evan Law blog – http://evan.law/blog/

Business laws and regulators

Federal Trade Commission – https://www.ftc.gov/

US Department of Health and Human Services – Social media policies – https://www.hhs.gov/web/social-media/policies/index.html

US State Consumer Protection Offices – https://www.usa.gov/state-consumer

Crime and justice

Supreme Court of the United States – https://www.supremecourt.gov/

United States Courts – https://www.uscourts.gov/

Cybersecurity and Infrastructure Security Agency – https://www.cisa.gov/cybersecurity

Homeland Security – Cybersecurity – https://www.dhs.gov/topic/cybersecurity

Defamation

Legal Information Institute – Defamation – https://www.law.cornell.edu/wex/defamation

Freedom Forum Institute – Quick guide to libel law – https://www.freedomforuminstitute.org/first-amendment-center/primers/libellaw/

Intellectual property

US Copyright Office – https://www.copyright.gov/

US Patent and Trademark Office – https://www.uspto.gov/

Privacy and confidentiality

Data protection law – HG.org – https://www.hg.org/data-protection.html

US Department of State – Privacy Office – https://www.state.gov/bureaus-offices/under-secretary-for-management/bureau-of-administration/privacy-office/

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January 12, 2021 · 10:05 am

Legal risks of Facebook comments

By MARK PEARSON Follow @Journlaw

Social media offers countless benefits to organisations, but an emerging legal risk is prompting many communication professionals to reassess their exposure.

Several superior court cases in Australia and internationally have decided that hosts of Facebook pages must bear responsibility for defamatory comments posted to their sites by other people.

The latest – involving Australian indigenous activist and former juvenile detainee Dylan Voller – has left major news organisations potentially liable in his defamation action over comments posted in response to articles about him on their corporate Facebook sites.

For the full article on this topic, please go to the Griffith University Thought Leadership series of articles.

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Filed under free expression, journalism, journalism education, libel, Media freedom, media law, Media regulation, Press freedom, Privacy, reflective practice, social media

Tagged as Australian media, defamation, free expression, freedom to communicate, journalism, journalism education, Journalist's guide to media law, law, mark pearson, media, media law, privacy

October 13, 2020 · 1:58 pm

Our chapter in Comparative Privacy and Defamation

By MARK PEARSON Follow @Journlaw

Colleague Virginia Leighton-Jackson and I teamed up to write a chapter on Australian defamation and privacy law in the newly released book Comparative Privacy and Defamation from Edward Elgar Publishing.

The book [ ISBN: 978 1 78897 058 7; 480pp ] forms part of the Research Handbooks in Comparative Law series and is edited by András Koltay (Professor of Law, National University of Public Service and Pázmány Péter Catholic University, Hungary) and Paul Wragg (Associate Professor of Law, University of Leeds).

It provides comparative analysis that examines both Western and non-Western legal systems, and offers commentary on issues of theory and doctrine, including the impacts of privacy restrictions, defamation reforms and new technologies on the law.

Our chapter (pp 381-398) is titled ‘Privacy and defamation in Australia – a post-colonial tango’.

It considers defamation and privacy law in its uniquely Australian context, where statutory and case law have evolved without explicit protections of free expression in its Constitution.

After offering an Australian constitutional, legislative and common law context, our chapter surveys the laws of defamation and privacy since English colonial settlement in the late eighteenth century.

Emphasis in the discussion of defamation is upon its relationship with privacy through various statutory iterations of the truth/justification defence which has at times featured privacy protections.

The focus of the survey of privacy law is the story of reform momentum over four decades towards an actionable tort for the serious invasion of privacy, which remains unfulfilled.

The chapter explains how this has impacted on celebrity plaintiffs’ preference for defamation when the media has scrutinised their private lives.

The case law and statutory and regulatory dimensions of both defamation and privacy are covered, with the chapter comparing and contrasting Australian defamation and privacy law with some key aspects of that jurisprudence in the United States (US) and the United Kingdom (UK).

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Filed under free expression, journalism, journalism education, libel, Media freedom, media law, Media regulation, Press freedom, Privacy, reflective practice, social media

Tagged as Australian media, defamation, free expression, freedom to communicate, journalism, journalism education, Journalist's guide to media law, law, mark pearson, media, media law, privacy

March 31, 2020 · 12:09 pm

Griffith Review publishes podcast on ‘Trust and Press Freedom’ #MLGriff

By MARK PEARSON Follow @Journlaw

Journalist in residence colleague at Griffith University, Walkley Award-winner Nance Haxton, has produced a quality podcast on Trust and Press Freedom as a special instalment of Griffith Review‘s The Backstory.

It includes interviews with yours truly (Mark Pearson @journlaw), along with prominent journalists and academics Damien Cave, Matthew Condon, Trent Dalton, Peter Greste, Kate McClymont, Hugh Riminton, Gerard Ryle, Leigh Sales, Julianne Schultz, Sandra Sully and Mark Willacy.

As explained by Griffith Review, Haxton explores ‘Matters of Trust’ through the prism of the media – access to information, the processes of injunction and defamation that limit media freedom, the absence of a constitutionally enshrined right to freedom of expression, the shrinking of news sources with the closure of AAP and many regional newspapers, and the need for journalists to strive harder to earn more respect.

The episode of The Backstory complements Griffith Review 67: Matters of Trust.

Read the episode transcript here.

More articles about trust, freedom, transparency and threat can be found in Griffith Review 67: Matters of Trust – the current edition.

Print, PDF, ePub and Kindle versions, as well as subscriptions can be accessed here.

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Tagged as censorship, fake news, First Amendment, free expression, freedom of the press, freedom to communicate, Griffith Review, journalism, journalism education, Journalist's guide to media law, law, mark pearson, media, media freedom, media law, Nance Haxton, press freedom, suppression, Supreme Court

March 10, 2020 · 11:13 am

Review: Truthteller – An Investigative Reporter’s Journey through the World of Truth Prevention, Fake News and Conspiracy Theories

By MARK PEARSON Follow @Journlaw

Truthteller: An Investigative Reporter’s Journey through the World of Truth Prevention, Fake News and Conspiracy Theories, Stephen Davis (2019)

Dunedin and Chatswood: Exisle Publishing, 264 pp.,

ISBN 978-1-92533-589-7, p/bk, USD 29.99

[This review was first published in Australian Journalism Review, Volume 41, Issue 2, 2019]

Timing of the publication of the page-turning paperback Truthteller could not have been better, with the subsequent Australian Federal Police raids on the ABC offices and News Corporation journalist Annika Smethurst’s home offering a haunting currency to many of its themes.

Former journalism educator at Macleay College, Stephen Davis, has seen the craft from all angles over an impressive career as investigative reporter on the Sunday Times’ Insight team, producer for 60 Minutes, and editor of the New Zealand Herald.

Three decades of reporting international wars, espionage, crime and intrigue make for a riveting read as Davis reveals the lengths to which governments and agencies and their functionaries will go to mislead and deceive the media when they have something to hide.

Davis structures Truthteller into an introduction and conclusion plus 10 chapters taken from the ‘toolbox for lies and deception’ – each centred on a case study from his reporting career where the authorities have used a different technique of spin or outright censorship.

Highlights include:

The UK Government’s cover up of the truth behind British Airways flight BA149 which was given permission to land in Kuwait with 367 passengers in 1990 despite the Iraqi invasion of that nation having already commenced. The passengers were subsequently used as human shields by the Iraqis but the British government denied them compensation despite evidence the flight had been landed to deploy a troop of undercover special forces operatives;
The world exclusive that oil giant BP was using a Brazilian subsidiary to rape huge swathes of Amazonian rainforest and the subsequent attacks by authorities on Davis’s prime NGO source in a classic case of shooting the messenger rather than addressing the problem; and
The multi-government conspiracy to cover up the real reasons for the 1994 sinking of the ferry Estonia in the Baltic Sea with the loss of 852 passengers and crew amidst allegations that the captain had been whisked away and that the ship had been carrying Russian arms.

Davis’s ‘toolbox’ of techniques used by governments and big corporates include character assassination, targeting sources, generating alternative theories, delay, distance, cover-ups, legal suppression, secret deals and media manipulation.

His stated aim is “to inspire truth seekers of the future, because the battle between those seeking to expose the truth and those seeking to prevent it is an unequal struggle”. Sadly, I could not find much inspiration in the dark picture Davis paints in his case studies, most of which remain clouded in the confusing mystery of spin despite the best efforts of some of the world’s best investigative teams.

The book’s subtitle ‘An investigative reporter’s journey through the world of truth prevention, fake news and conspiracy theories’ promises to shed light on false news in the modern ‘post truth’ era. However, while Davis offers some insights into bots and trolling and a short chapter on the 2017 fake news conspiracy theory about a secret anti-Trump society in the FBI, the bulk of the book is centred on analogue media manipulation from the 1990s and early 2000s when Davis was doing most of his international reporting.

There is a paucity of references and a gimmicky technique of listing random other news items from the particular case study’s news day at the start of each chapter which contribute to the impression it is a popular read rather than a worthy set text or reference work.

Nevertheless, it is a fascinating memoir and a useful vehicle for the media literacy of the masses, whose eyes will be opened to the methods governments and multinational companies have used to keep truth from their citizenry.

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