Tag Archives: journalism

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

By MARK PEARSON

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

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

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

Bosland writes in the Pursuit article:

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

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

His concludes that article with this wise counsel:

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

Insightful indeed.

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

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

© Mark Pearson 2017

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

By MARK PEARSON

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

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

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

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

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

—-

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

Gold Coast Media Industry Club address by Mark Pearson

Gold Coast Arts Centre, July 14, 1995

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

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

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

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

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

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

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

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

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

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

  1. The Internet as a Medium

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So, what does it look like?

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

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

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

(Read two from .net directory)

(Explain toilet one.)

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

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

But is it useful???

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

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

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

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

[OHP: Hotwired home page.]

  1. Commercial potential

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

  • Passive presence

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

  • Spot advertising

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

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

  • Designated sales site

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

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

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

(OHP: Activmedia graph)

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

  1. Demographics

Cyberspace (Show William Gibson Neuromancer book cover).

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

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

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

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

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

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

  1. Problems

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

Access: Information rich vs. information poor

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

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

Pornography

Down side – rape in cyberspace, child pornography arrest.

Fun side: ‘teledildonics’; erotica.

In conclusion ………………

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

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

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

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

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

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

© Mark Pearson 1995 and 2016

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

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Privacy as a value for democratic societies – Beate Roessler #mediaiplaw

By MARK PEARSON

It is only in the past twenty or so years that the societal value of privacy has become of interest and still more recently that there has been a particular focus on the value of privacy for democracies, University of Amsterdam Professor of Ethics Beate Roessler proposed to the 2015 IP and Media Law Conference at the University of Melbourne Law School today (November 24).

“Privacy protection is necessary not only for individual freedom and autonomy but also for the functioning of the democratic society,” she said.

Professor Beate Roessler from the University of Amsterdam

Professor Beate Roessler from the University of Amsterdam

Beate Roessler is Professor of Ethics at the University of Amsterdam and chair of the Capacity group of Philosophy and Public Affairs. She also chairs its Department of Philosophy. In her keynote address she explored her work examining the difficulty of keeping up privacy standards on social network sites and the role of anonymity in social/political relations and the consequences of the loss of that anonymity.

Professor Roessler pointed to statements by Edward Snowden in 2013 and 2015 as an interesting focus upon the democratic value of privacy, where he had justified his revelations partly upon the contest between the state’s surveillance and the individual citizen’s privacy.

She listed three steps in the conceptualisation of privacy – firstly, the classic conception of Warren and Brandeis as the right to be let alone, the fundamental idea being that the right to freedom is protected by, and dependent upon, the right to privacy.

The second step after Warren and Brandeis was the ‘social dimensions of privacy’.
“The social norms which regulate privacy enable us to play different roles,” she said. “They enable us to play these different roles and have these different relations.
“If I started telling you now about my grandmother I would violate the demand of the role I am playing here. It is not just my autonomy, but it is also the norm itself that regulates our relations.
“Privacy is also a social practice, meaning the norms protect individual privacy and the right is part of the practice.
“Also respect for the privacy of other people is part of the practice. It is part of the deal of the social norms of privacy. The right to privacy and respect is always socially contextualised.

“The idea that we are democratic subjects is also the idea that our privacy is protected.”

She explained that the value of privacy has for the most part of the last hundred years been conceived of in purely individual terms: the protection of privacy being important or even constitutive for the protection of individual freedom and autonomy.

The third step after Warren and Brandeis was the significance of privacy for democracy.

“I want to argue that it is precisely this social and democratic value of privacy which is at stake in the digitized society,” she proposed.

She said events in Paris this month had not changed her mind about the value of privacy in democracy, but did make the issues more challenging to address publicly.
“Political participation is dependent on the protection of privacy,” she said.
The loss of privacy affects all social and political relations between people, she argued.
Although the right to privacy remains important as an individual right, the Snowden revelations have made clear that violations of privacy have immediate impact on our social lives as well as on liberal democracies.
Privacy is under pressure in the digitized society through state surveillance, consumer surveillance, via the ‘internet of things’, and through social network sites with the voluntary sharing of personal data including the self-tracking devices and the quantification of self movement.
“New technologies do have an impact on our relationships, for better or for worse.
“The right idea is to think about what does privacy do in our society, and if that changes how far can we go with that change?”
She used privacy settings as an example of the status of privacy in society: “Standard preferences are public, but privacy is an extra task or an achievement.”
“Our personal data are analysed by companies that are collecting, storing and mining as the default. It is what is happening if we do nothing.
“Forgetting, deleting is an extra task, an achievement.”
Anonymity was important to privacy, but as Snowden revealed our anonymity is not protected any longer.
“Lack of anonymity can cause loss of freedom, harmful for the individual and democratic society,” she said.
She pointed to the use of drones as the next “massive threat”.
She said arguments against anonymity such as accountability and public security did not allow for the fact that neither had increased markedly in recent years with large scale surveillance.
“The threat of a life without the protection of privacy involves the transformation of social and political relations,” she concluded.
“If we have to assume there is no privacy protection any longer in our social relations it means our social relations tend to get homogenized.
“How can I understand myself as a democratic subject if I can’t assume any longer that my privacy is not being protected?
“How do we change and how does society change, when our sense of privacy changes, when we lose the differences in self-presentation, possibilities of political participation, and when we lose the possibilities of control?”
From 2003-2010 Roessler was Socrates-Professor for the Foundations of Humanism at Leiden University. Before, she taught philosophy at the Free University, Berlin, Germany, and at the University of Bremen, Germany. Roessler studied philosophy at Tuebingen, London, Oxford, and Berlin and completed her PhD in 1988 at the Free University Berlin (on theories of meaning in analytic philosophy and hermeneutics). In November and December 2015 she is visiting as a research fellow at University of Melbourne, Melbourne Law School. Her publications include Social Dimensions of Privacy: Interdisciplinary Perspectives (edited with Dorota Mokrosinska, Cambridge: Cambridge University Press 2015) and The Value of Privacy (Polity Press, 2005).

The full conference program is here. Our paper (Pearson, Bennett and Morton) was titled ‘Mental health and the media: a case study in open justice’ (see earlier blog here) and was presented yesterday (November 23).

Those interested in privacy as a topic might also see my timeline of privacy in Australia 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 2015

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A reflection on the ‘Media Wars’ 20 years on

By MARK PEARSON

It has been 20 years since the start of the so-called ‘Media Wars’ – the spat between cultural studies and journalism educators triggered by the provocative (and likely tongue-in-cheek) proclamation by cultural studies academic John Hartley that journalism research was a ‘terra nullius’ of epistemology and Keith Windschuttle’s retaliatory attack on the ‘obscurantism’ of cultural studies as an academic discipline.

I have partnered with two colleagues – Roger Patching and Lisa Wilshere-Cumming – to write a reflection on that episode and an assessment of the path of journalism research since that debate.

Our article appears in the August 2015 edition of Media International Australia (No. 156, just released), the contents of which are viewable here.

Here is our abstract:

A conceptual matrix of journalism as research two decades after ‘Media Wars’

Mark Pearson, Roger Patching and Lisa Wilshere-Cumming

It is 20 years since John Hartley (1995) positioned journalism as the subject of academic research rather than as a research method in its own right. In 1999, Media International Australia devoted a themed edition to the debate over journalism in the academy (‘Media Wars’), which prompted further scholarly discourse over the role and location of journalism as a field of study. This article reassesses that debate in the light of the acknowledgement of journalism studies and journalism creative works in the Excellence in Research for Australia (ERA) system, the use of journalism methods as a research methodology and the development of conceptual paradigms for journalism as research. The article surveys the relationship between journalism and research over the ensuing two decades and proposes a conceptual matrix of the journalism–research nexus.

© 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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Techniques and challenges of new models for journalism: The Undercurrent

By MARK PEARSON

As legacy media outlets grapple with the challenges of retaining and engaging their audiences, new media entrepreneurs experiment with new forms of journalism and novel ways of winning funding.

My guest this week in our Introduction to Journalism class was Jen Dainer, Head Writer and Co-Producer at The Undercurrent
[Twitter: @TheUCNews | @jendainer ] who has developed with co-founder Dan Graetz a new model of satirical advocacy journalism drawing upon their considerable creativity, skill base, and life and work experience.

Our interview spanned a range of topics including Jen’s own background, the objectives of The Undercurrent, how it differs from other news and current affairs products, the importance of impeccable research in avoiding legal action, and how they plan to gain traction and financial support.

You can view the interview here:

[Aug 4, 2015 / 26 mins. Camera work: Bevan Bache ]

Please contact Jen Dainer direct @jendainer / jen@theundercurrent.com if you would like to be involved in the project or support it in some way.

© 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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Benefits of using Twitter from Day One in a news writing class

By MARK PEARSON

Almost 30 years ago my first colleague in journalism education – the late Charles Stuart – summarised the curriculum of a journalism degree.

“In the first year you teach them how to write an intro (lead),” he said.

“In year two you teach them how to write the body of the story.

“And in their final year you revise the intro.”

While Charles’ advice was delivered tongue in cheek, he certainly hit upon one of the greatest challenges facing students of basic news reporting – how to sum up the key elements of a story in an interesting way in just a few words.

I recalled that conversation as I set the in-class exercises for my Introduction to Journalism tutorials this week and turned to Twitter to help out.

Twitter has its pluses and minuses as a social medium, but there is no doubting its value as a platform for clear and concise expression.

Its 140 character format equates to 20-22 words and thus it lends itself to an exercise where students can try their hand at a basic news lead.

Our 300 first year students were prepped on the basics in their lecture and briefed on the importance of Twitter in modern day journalism as a means of communication with colleagues and sources, finding useful news angles, and in accessing contacts and basic information when a news event unfolds.

We decided the course code #1508HUM made a suitable class hashtag and assigned students to live tweet the lecture to reinforce its value.

As an example of an effective use of Twitter in journalism I showed them the Twitter feed from ABC PM presenter Mark Colvin’s to the 85,000 followers of his @Colvinius handle and explained that it was a badge of honour for Twitter users if Colvinius ever retweeted your tweets.

One of my live tweeters approached me in the lecture break to show me his dialogue with @Colvinius during my class.

Quite a coup. Clearly Jake gets it. (BTW, thanks @Colvinius).

Students who did not have Twitter accounts signed up for them prior to the tute and we started the session with an exercise requiring students to interview a classmate and introduce them to the group by spelling their name very clearly and stating an interesting fact about them.

We then talked about news values and what might make news for a campus community.

We embarked on our Twitter news hunt, wandering the campus in search of stories using our five normal senses plus the students’ evolving “news sense”.

Some of the stories came from noticeboards, although I explained a journalist would call to verify any information found there.

Others were based on interesting happenings around the campus during our 20 minute walk, including a cheerleader squad practice, an interview with a student events officer, and an array of photos and interviews from the student clubs sign-on stalls.

The exercise has the following benefits:

  • It teaches students the art of summing up a story in just a few words in an era when the attention span of news audiences is just a few seconds.
  • It introduces them to one use of social media in modern journalism.
  • It allows students to experiment with multi-media reportage if they attach photos, sound or vision.
  • It allows debate over the news value of campus-based stories.
  • And it does all of this within the comfort of a hashtag that allows them to experience publishing their first news story that technically all the world can see while in reality very few people other than their peers and tutors will actually view it.

You can see some highlights below, or even visit the #1508HUM hashtag if you are really interested.

I’d certainly recommend such an exercise to colleagues not already doing something similar in their first news writing classes.

© 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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Lessons in ‘Right Speech’ and mindful communication in Queensland defamation case

By MARK PEARSON

THE comedians on the Ten network’s ‘The Project’ had some fun with defamation last Friday when they used a fairly sobering Queensland case as the reason to interview me on the basics of that law.

First up, a clarification. Near the end of the segment they seemed to imply quite incorrectly that I am a lawyer which, of course, I am not!

Mark Pearson (@journlaw) interviewed on The Project about defamation 24.4.15 [At 33 mins 15 secs]

Mark Pearson (@journlaw) interviewed on The Project about defamation 24.4.15 [At 33 mins 15 secs]

There is a serious side to this. The Queensland case they used as the segue to my very rudimentary explanation of defamation law was Sierocki & Anor v Klerck & Ors (No 2) [2015] QSC 092 where Justice Flanagan had ordered a total of $260,000 in damages be awarded to the plaintiff and his company over various Internet slurs against them by his former business partner and others.

The defendants had earlier failed in their attempt to prove the truth of the imputations that the plaintiff was fraudulent; was a conman; had committed adultery; had used illegal drugs; was evil; was a thief; was a liar; and preyed on the innocent and that his company’s services were disreputable; unprofessional and encouraged threatening behaviour. Quite a slur indeed.

33671_GAZThe Courier Mail reported earlier that the plaintiff was also suing Google for $2.6 million over its search results linking him to the sites containing those imputations.

The case is interesting for media law students for a range of reasons – the large award of damages, the fact that they were Internet publications, and for the proposed action against Google.

But I find the most instructive lesson is the extent to which a dispute between business partners can escalate so far out of control that one should take to the Internet to cast these kinds of aspersions against the other.

Justice Flanagan noted in the judgment that the cause of the original dispute was unknown, but the result has been enormous financial and emotional cost to all parties.

Our new book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY) examined some of the causes of such disputes and the damage that language can cause to reputations and relationships.

I take this further in a forthcoming article in a special issue of the academic journal International Communication Gazette, edited by my Mindful Journalism lead editor Shelton Gunaratne.

In that article I examine the religious origins of defamation law and proceed to link it to the Buddhist concept of “Right Speech”, writing:

In this globalised, multi-cultural and multi-jurisdictional Web 2.0 era there should be no reason why the Judeo-Christian lens should have a monopoly on our examination of communication law. A mindful reading of defamation law benefits from a consideration of both Right Speech principles and concepts of necessary truth-telling. While it is far-fetched to expect judges and legislators in the West would turn to Buddhism for the reform of defamation law, an effort to abide by truth-telling and Right Speech principles could operate effectively when professional communicators are attempting to avoid libel litigation when pursuing their stories. Further, they present excellent tools for an alternative analysis.

The basic premise of Right Speech in Buddhism is that words should not be spoken (or written or published) if they are not factual or true, or if they are unbeneficial, unendearing or disagreeable to others. All of these elements seemed to apply in this case, or at least that was the tenor of the judgment. Of course, sometimes hard truths do need to be told, but we need to ensure they are provable as true or that we can operate under some other defence excusing their publication.

The Internet offers inordinate opportunities to those seeking to defame others. This is the latest in a series of judgments demonstrating that even when one side wins a record damages payout for defamation, nobody is really a winner when reputations are damaged for no defensible reason.

We need to look to our moral compass when speaking or writing ill of others and ask whether we have an ethical foundation for doing so.

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

© Mark Pearson 2015

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