See The Conversation for my piece: ‘Coronavirus: 5 ways to manage your news consumption in times of crisis’ #MLGriff

By MARK PEARSON

Thousands of employees internationally are already working from home in COVID-19 self-isolation because of their recent travel, related symptoms or immune system vulnerability.

But to do so while habitually checking the news on devices – and allowing 24/7 news channels to play non-stop in the background – might erode your productivity and increase stress and anxiety.

A foundational element of media literacy in the digital era is striking an appropriate balance between news consumption and other activities. Even before the current crises, Australian research demonstrated news avoidance had risen among news consumers from 57% in 2017 to 62% in 2019, driven by a sense of news fatigue.

Self-help expert Rolf Dobelli implores us to stop reading the news. While he advocates going cold turkey and abandoning all packaged news consumption, Dobelli makes exceptions for long-form journalism and documentaries.

So too does philosopher Alain de Botton in The News – A User’s Manual, while proposing more positive news and journalism’s examination of life’s deeper issues, emotions and aesthetics.

In journalism education there has been a move towards “peace journalism”, “mindful journalism”, “constructive journalism” and “solutions journalism”, where the news should not merely report what is wrong but suggest ways to fix it.

Please read the full article – including my five tips on how you can stay in the loop at home while you get your work done (and help maintain your mental health)  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 2020 – the moral right of the author has been asserted.

 

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

By MARK PEARSON

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.

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 2020 – the moral right of the author has been asserted.

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Five media law essentials for journalists, publishers and students #MLGriff #auspol #medialaw #auslaw

By MARK PEARSON

Much has happened in the field of media and social media law, even since the sixth edition of our Journalist’s Guide to Media Law (Pearson & Polden) was published in 2019.

As media law students start their academic year at Australian institutions, this calls for a quick update of the five most important risks facing journalists in the digital era.

  1. Defamation: Reforms to Australian defamation laws appear imminent, but the basic principles will remain the same. Pause before publishing anything criticising or ridiculing anyone and consider your language, evidence base, intended meaning, motivation and working knowledge of the defences available to you. If in doubt, seek legal advice. If you can’t afford that advice, then modify the material or leave it out – unless you have considerable defamation insurance. Society needs robust journalism, but remember it can also need deep pockets to defend it. The 2019 case of Voller v. Nationwide News underscores the decision in Allergy Pathway almost a decade ago: publishers may be responsible for the comments of others on their social media sites, particularly when posting articles on inflammatory topics or people. Ashurst law firm has produced a useful flow-chart to explain the steps a publisher should take to minimise the risks of liability for comments by third parties on their social media sites.
  2. High profile trials: Regardless of the fate of the 30 journalists and news organisations still facing contempt action over their reporting of last year’s trial of Cardinal George Pell, the episode reinforces the dangers facing those reporting and commenting upon major court matters. As we show in our crime reporting time zones flowchart in our text, a criminal case involves an interplay of risks including defamation, contempt and other restrictions. Courts and prosecutors take suppression orders seriously, so it is wise to pause to reflect and to take legal advice when navigating this territory.
  3. National security risks: Many of the 70-plus anti-terror laws passed in Australia since 2001 impact on journalists, with jail terms a real risk for those reporting on special intelligence operations, ASIO, suppressed trials, and any matter using insider government sources, along with a host of other risks as identified by Australia’s Right To Know’s submission to the Parliamentary Joint Committee on Intelligence and Security in 2019. The laws present a minefield for journalists covering national security, defence, immigration and related topics. It is a specialist field requiring a close familiarity with the numerous laws.
  4. Breach of confidence: Journalists are reluctant to reveal their own confidential sources, but they are keen to tell the secrets of others – particularly if matters of public interest are being covered up. Actions for breach of confidence allow individuals and corporations to seek injunctions to prevent their dirty linen being aired. Further, the Australian Law Reform Commission has recommended a new action of serious invasion of privacy and the future development of the action for breach of confidence with compensation for emotional distress. The Parliament has not yet embraced the proposal but judge-made law on privacy and confidentiality remains a possibility.
  5. Compromising sources: The journalist-source relationship is one where the journalist’s ethical obligation to preserve confidentiality is threatened by a number of laws. Most Australian jurisdictions now have shield laws giving judges a discretion to excuse a journalist from revealing a source after weighing up various public interest factors. This is far from a watertight protection and journalists face potential jail terms for ‘disobedience contempt’ for refusing a court order to reveal a source or hand over materials. Further, as two ABC journalists and News Corporation’s Annika Smethurst discovered last year, journalists can also face criminal charges for just handling or publishing confidential or classified materials given to them by whistleblowers, even if the matter relates to an important matter of public interest. The validity of the warrants to raid them over ‘dishonestly receiving stolen property’ (Commonwealth documents) was upheld by a Federal Court earlier this year, despite a range of arguments including shield laws and the constitutional implied freedom to communicate on political matters. Such action, combined with the far-reaching powers of authorities to access communications metadata and the proliferation of public CCTV footage presents huge challenges to journalists trying to keep their whistleblower sources secret. It is one thing to promise confidentiality to a source, but quite another to be able to honour that promise given modern surveillance technologies and the legal reach of agencies.

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 2020 – the moral right of the author has been asserted.

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Washington Post podcast shows role of JWs in First Amendment rights #MLGriff

By MARK PEARSON

MEDIA law students and colleagues will have undoubtedly noticed the Jehovah’s Witnesses pop-up stalls with religious books and magazines outside campuses and public transport stops, staffed by followers passively promoting their religion.

Yet few would realise the important role this religious group has played in cementing First Amendment rights in the United States, with a ripple effect for freedom of religion and free expression internationally.

That story is central to Episode 16 of the acclaimed Washington Post podcast ‘Constitutional’, available free here.

It uses the voices of constitutional experts and those who lived through the period to explain how a series of cases brought to the US Supreme Court by the Jehovah’s Witnesses forged the interpretations of the First Amendment that laid the platform for religious and media freedom – and free expression more generally – today.

More than 20 cases were brought in the midst of the Second World War. The religion lost the first two major cases, related to proselytising in public and the right of their children to refuse to salute the US flag at school.

But within two years the Supreme Court had overturned that decision, giving the First Amendment precedence over many other rights.

It is a compelling narrative and particularly well produced, and recommended listening for media law students.

Australia’s High Court has chosen to take a narrower approach to freedom of speech and religion in its interpretation of what it has called an ‘implied freedom to communicate on matters of politics and government’. In a comparable case in 2013, it declined a religious group’s attempt to use that implied freedom to proselytise in the centre of Adelaide.

Caleb and Samuel Corneloup were evangelical members of the fundamentalist ‘Street Church’, who preached in Adelaide’s busy Rundle Mall in a loud, animated and sometimes confronting style. Adelaide City Council tried to stop them, by using a by-law prohibiting anyone preaching or distributing printed matter on any road to any bystander or passer-by without permission.

The High Court majority held that the Local Government Act empowered the council to make the by-laws. They ‘were a valid exercise of the Council’s statutory power to make by-laws for the good rule and government of the area, and for the convenience, comfort and safety of its inhabitants’.

Although they ‘burdened political communication, they did not infringe the implied constitutional freedom’ because they served a legitimate end in a manner compatible with our system of representative and responsible government, the High Court said (Pearson & Polden, 2019)

[See Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3 (27 February 2013), <www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2013/3.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 2019 – the moral right of the author has been asserted.

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A mindful approach to introducing defamation to students #MLGriff

By MARK PEARSON

Colleagues from Griffith University gathered for a celebration of teaching and learning this week and I had the honour of presenting an open class session.

The forum was called ‘Teaching Using Engaging and Empowering Pedagogies’ and my class was titled ‘Practising mindfulness in the tertiary classroom’.

It was an attempt at putting into practice some of the research we have been undertaking in this space in recent years.

For the research underpinning it, please see:

Pearson, M., McMahon, C., O’Donovan, A. and O’Shannessy, D. (2019), ‘Building journalists’ resilience through mindfulness strategies’. Journalism. https://journals.sagepub.com/doi/abs/10.1177/1464884919833253

Pearson, M., McMahon, C., and O’Donovan, A. (2018) ‘Potential benefits of teaching mindfulness to journalism students’. Asia Pacific Media Educator (December). 28:2: https://doi.org/10.1177/1326365X18800080

You should get the gist of the mindfulness-based activities involved from the slide show captured below.

Enjoy.

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 2019 – the moral right of the author has been asserted.

 

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Australian metadata laws put confidential interviews at risk, with no protections for research

By MARK PEARSON

Interviews from a range of sensitive research topics may be at risk. These include immigration, crime and corruption.
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EACH year, academics and students make countless applications for research ethics approval, based on the promise of confidentiality to their interview subjects. Interviewees sometimes offer academic researchers information that might be self-incriminating or might jeopardise the rights and liberties of others they’re discussing.

But Australia’s metadata retention laws can lead to the identification and even incrimination of the very people whose identities academic researchers have promised to keep secret for their work.

Imagine, for instance, a criminologist conducting a project examining white collar crime in banking and financial services. The academic’s confidential interviews with former company directors and executives might elicit specific and revealing answers. It could lead to potential redundancy or even jail time, depending on their vulnerability and culpability.

Under the metadata laws, government agencies make hundreds of thousands of requests to Australian telcos each year for their customers’ phone and internet communications metadata.

For the criminologist, this means relevant agencies can ask telcos to access his or her metadata in the form of call records and computer IP addresses. This means they can identify whether a person of interest has been in communication with the researcher and is the possible source of incriminating material. Other investigations and legal steps might then follow.

Interviews about a range of sensitive research topics may be at risk. These include immigration, crime and corruption, national security, policing, politics, international relations and policy.

The impact of metadata laws on journalists and their sources have been well documented. But we can only wonder how many people will agree to participate in academic research if they are made fully aware of the real potential of being identified by investigators.

Interested?

READ my full article in The Conversation.

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 2019 – the moral right of the author has been asserted.

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Submission to inquiry shows journalism educators and students lack metadata source protection

By MARK PEARSON

Australian journalists have a narrow and inadequate protection under national security laws from government agencies accessing their metadata to discover the identity of their confidential sources.

I helped the Journalism Education and Research Association of Australia (JERAA) prepare a parliamentary committee submission that explains journalism educators and journalism students do not even qualify for that low level of protection, leaving their confidential sources open to revelation.

Our submission now sits with several others on the Parliamentary Joint Committee on Intelligence and Security site here.

We have asked that legislators focus on the public interest journalism involved when awarding such defences and protections rather than focussing simply on whether someone is a ‘journalist‘ – an occupation and term difficult to define in the modern era – and used as the default for the rare privileges given.

We have proposed that

existing and proposed protections for ‘journalists and media organisations’ be extended to apply to the research and outputs of journalism educators and their students when they are engaged in ‘public interest journalism’, whether or not they are paid to work as journalists and whether or not their work is published by a ‘media organisation’ in its traditional sense.

We have also asked that the Commonwealth lead a reform initiative to unify all state, territory an Commonwealth media laws across a range of publication restrictions to do away with anachronistic inconsistencies and introduce a public interest journalism defence or exemption so that courts are prompted to balance the various interests at stake before issuing a warrant against a journalist or taking criminal action.

The Committee is now entering the phase of public hearings. See their site 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 2019 – the moral right of the author has been asserted.

 

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RIP Mike Grenby 1941-2019 – the parable of the kind professor

By MARK PEARSON

Australian journalism education lost one of its most dynamic and internationally regarded teachers this month – Bond University’s Emeritus Professor Mike Grenby.

The late Emeritus Professor Mike Grenby (left) and the author in March 2019

After employing him as a visiting journalist in 1998, Mike soon became a valued colleague and a treasured personal friend – a bond that continued to strengthen over the ensuing 21 years. He dined with us often as a regular guest at our family table and we had many adventures together in Australia and internationally. We already miss him greatly.

Bond University has published a worthy tribute to Mike, and his former employer, the Vancouver Sun, has run this obituary that focussed more on his earlier career as a reporter and personal finance columnist. Hundreds of former students, colleagues and acquaintances have commented on social media on the positive influences he had upon their lives.

I penned this piece of prose which his son Matthew read to Mike at a gathering of friends and family just a few days before he died on July 3.

Parable of the kind professor

It is said that many years ago a storytelling professor – a master of the written and oral arts – arrived with his wife from a foreign land where he was acclaimed nationally for his communication prowess. They soon forged many friendships and wide respect for their polite and caring inquiries into the lives and problems of those they met in their new community. Some colleagues even thought he was a Buddhist because of his outlook and demeanour, the Tibetan prayer flags he hung from his office door, and the chime of bells in the corridor each morning. But they soon learned the flags were souvenirs and the bells were simply the signal that the morning tea trolley had arrived.

In just a short time he lost his life partner and missed her greatly. After a period of deep mourning he began his search for a new love.  He travelled the world for almost half of every year, but he was never able to find a single love as deep and lasting as the first. Yet he offered his wisdom and his kindness in morsels to all those he encountered on his life’s journey.

Eventually, when this kind professor lay in a hospital bed – facing the inevitable end of all mortal beings – he realised that he had actually found the new love he had been seeking over all those miles and years. It lay not in a single individual (who could never be replaced) but it flowed from the thousands of kind and generous words and actions he had bestowed upon all he had met on his journey … students, colleagues, high officials, servants, fellow travellers and complete strangers. Their encounters with this kind professor – some fleeting, and many of a long duration – were life-changing. The sum of all these instances of the love and kindness he had given – and had in turn received – amounted to a greater love than any individual human could provide, and he realised that this had been the key to his life-long vitality, positive outlook and good fortune.

Some cultures believe the paths to enlightenment lie in acts of loving kindness and in the offering of wise counsel to others. This generous storytelling professor reached enlightenment in his final weeks and days as he was showered in the golden rays of all the love and kindness he had offered others throughout his almost four score years. The world was improved forever by the ripples of love he had bestowed upon it.

Thus, fellow travellers, pay heed to the lessons of this kind storytelling professor. Lend an ear to those in sorrow or distress, offer words of comfort and compassion, practice selfless generosity, and be a friend to all as you pass them in the corridor, on the beach or at the market. Our small gestures and courtesies ease suffering and cast light and warmth into the lives of those around us, and the life of this kind professor bears testimony to that universal truth.      

Rest in peace my good friend.

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 2019 – the moral right of the author has been asserted.

 

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Mindfulness strategies explained at Asian Media conference

By MARK PEARSON

Our work on mindfulness-based meditation in the journalism education pedagogy was presented to the Asian Media Information and Communication Centre (AMIC) conference in Bangkok last month to an enthusiastic audience.

Here is the abstract of our presentation for interested blog readers.

“Mindful journalism in action: applications for resilience, learning and ethics”, presented at AMIC Bangkok, June 17, 2019

Mark Pearson, Griffith University

Cait McMahon, Dart Centre Asia Pacific

Analise O’Donovan, Griffith University

The term ‘mindful journalism’ – coined in 2013 (Pearson, 2013) and theorised in 2014 and 2015 (Pearson, 2014; Gunaratne et. al, 2015) – shares some features with other modern ‘journalisms’ (‘solutions’ (Solutions Journalism Network, 2016), ‘peace’ (Lynch, 2010) and ‘inclusive’ (Rupar & Pesic, 2012)). However, it is distinguished by the fact that it includes elements of secular Buddhist approaches to mindfulness-based meditation and ethics (Pearson, 2014; Gunaratne et. al, 2015).

This paper uses a recently released conceptual map (Pearson et. al., 2019) to explain the potentialities of mindful journalism to strengthen journalism students’ resilience, deepen their learning, and shore up their moral compasses as they enter occupations where their work can expose them to trauma (Drevo, 2016) and industry disruption can subject them to stress, burnout and other mental health challenges (O’Donnell, 2017). It details some key ways mindful journalism (and mindfulness-based meditation) have been introduced to the curriculum and pedagogy in a media law course, with a strong emphasis upon emotional and situational analysis of media law dilemmas, as an alternative to a black-letter style of teaching media law cases, legislation and topics (Pearson et. al, 2018). The approach offers a useful extension to problem-based learning and provides the tools by which educators can encourage their students to engage in ‘reflective practice’ or ‘reflection in action’ by which they can purposively reflect upon their learning when confronted with new ethical or technological dilemmas  (Schön, 1987).

Students and journalists are equipped with a toolkit of techniques for inward reflection which they can use to assess their thought processes, emotional state, situation, ethics and learning. The approach is in accord with the research on metacognition in psychology and education (Flavell, 1976; Tarricone, 2011) which has found that reflection upon one’s thinking, knowledge and experiences can deepen learning and – we argue – in a mindful journalism context can help engage in professional conduct with both wisdom and compassion. It also builds on the research in a range of occupations showing the potential for mindfulness-based meditation in improving resilience which can help minimise the risks of post-traumatic stress disorder, stress and burnout (Chaukos et al., 2017; Hölzel et al., 2011; Keng et al., 2011; Trammel (2015)).

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 2019 – the moral right of the author has been asserted.

 

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My latest Conversation piece on media implications of NT youth justice proposals #MLGriff

By MARK PEARSON

For the past week, momentum has been building for a national parliamentary inquiry into media freedom following the police raids on ABC and News Corp journalists.

But the issue of press freedom isn’t restricted to Canberra – there’s another contentious debate taking place at the moment in the Northern Territory over a plan by the government to close the NT’s courts to the media in cases involving young offenders.

The debate centres on a bill that would introduce the nation’s most restrictive rules on reporting on juvenile offenders, including punishments of up to a year in jail for journalists who enter a juvenile court or publish details of any case.

Interested? Read my full article in The Conversation: https://theconversation.com/nt-wants-to-end-naming-and-shaming-of-juvenile-offenders-sparking-press-freedom-debate-118170


© Mark Pearson 2019

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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