Tag Archives: drones

Changes to drone laws force a rethink of their risks

By MARK PEARSON

Much has changed in the regulatory landscape in the two years since Scottish drones expert Dr David Goldberg and the ABC’s Mark Corcoran addressed a Griffith University seminar on the law and ethics of the media use of drones and graduate student Sam Worboys and I wrote a paper on the topic.

Brisbane lawyer Daniel Popple (Norton Rose Fulbright) updated colleagues at the Law Futures Centre yesterday (April 27) with an engaging seminar titled “Drone regulation in Australia: Opportunity and liability abound in the new regulatory void”.

He explained that the recent deregulation of drones by the Civil Aviation Safety Authority (CASA) meant the recreational use of small drones had minimal restrictions and that it was easier to utilise drones for commercial purposes.

“However, behind this potential sits a complex web of liability which has the ability to catch would-be drone pilots unaware and facing significant fines and potential imprisonment,” Popple said.

He identified a range of laws impacting upon drone use including negligence actions from damage to person or property, radiocommunications and aviation laws, privacy, surveillance devices legislation, trespass or nuisance actions, and work health and safety legislation.

For those who missed the engaging talk, Popple will be speaking again in Brisbane in June as part of a panel of speakers addressing drone regulation.

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© Mark Pearson 2017

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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Filed under media law, national security, Press freedom, Privacy, terrorism, Uncategorized

Drones and media law and ethics in Australia – our #ANZCA2015 paper

By MARK PEARSON

Postgraduate student Sam Worboys produced some excellent work for his research project looking at the state of news media use of drones in Australia and the regulatory, legal and ethical implications. I have worked with Sam to develop this into a conference presentation at the Australia and New Zealand Communication Association (ANZCA) conference in Queenstown, New Zealand, on July 8.

Image credit: Parrot AR Drone 2.0 – Wikimedia image

Image credit: Parrot AR Drone 2.0 – Wikimedia image

Abstract

‘Emerging dilemmas in the law and ethics of media use of ‘drones’ (unmanned aerial vehicles)’

Sam Worboys and Mark Pearson

Use of ‘drones’ [also known as Unmanned Aerial Vehicles (UAVs), ‘Unmanned Aircraft Systems’ (UASs) or ‘Remotely Piloted Aircraft’ (RPA) ] by the news media has prompted a host of ethical, legal and regulatory dilemmas internationally. While they have clear utility as newsgathering devices, their operation triggers ethical dilemmas of public safety and privacy, legal issues of trespass, nuisance, privacy and confidentiality, and regulatory challenges for aviation authorities tasked with defining and policing their safe use in civil airspace. This paper surveys international developments in the journalistic use of drones and categorises the key ethical, legal and regulatory considerations before applying them to the Australian legal and regulatory context and mapping the prospects for news media use of drones in Australia. It reports on the emergence of a ‘two-tier’ regulatory system where hobbyists and citizen journalists can effectively fly their drones ‘under the regulatory radar’ and gather footage during unfolding news events where regulations preclude media outlets and other commercial operators from drone operation. The paper discusses the resulting legal and ethical questions over whether journalists should take advantage of this loophole by appropriating – and taking commercial advantage of – the footage captured by citizen journalists under the pretext of unrestricted non-commercial use.

An expanded and revised version of the paper will be published in an upcoming edition of Australian Journalism Review.

© Mark Pearson 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.

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