Tag Archives: journalism

On the Crisis in Journalism – Barbie Zelizer #jeraa2014 live blog

LIVE BLOG

By MARK PEARSON

Raymond Williams Professor of Communication at the Annenberg School of Communication at the University of Pennsylvania Dr Barbie Zelizer took issue with the framing of a ‘crisis of journalism’ for her keynote address to the Journalism Education and Research Association of Australia conference in Sydney today (November 25).

zelizer

Professor Barbie Zelizer addresses the 2014 JERAA conference

 

She said notion of a crisis in journalism was a culturally determined phenomenon anchored in the Enlightenment.

She drew on definitions of crisis as disruption, suddenness, loss, urgency and helplessness.

The label of ‘crisis’ could change murky developments into a manageable phenomenon.

“Crisis is a temporarily defined moment,” she said. “Crisis is identifiable, finite, something that can be grasped, treated and controlled. It gives us a sense of closure.

“By offering us closure, concreteness and coherency, crisis offers us certainty and control.”

“As an institution journalism has always had an affinity with a certain kind of modernity,” she said.

“It was born of a particular time and place.”

She argued the discipline of journalism studies developed because it needed to challenge traditional narratives of journalism.

There was a reliance on a modern Anglo-American mindset and crisis offered a way out of murky, out of control challenges.

The gravitation to ‘crisis’ followed a pattern of how journalism had traditionally talked about itself.

“Across the board we hear that journalism is over. What’s different about today is that durability is no longer assured.”

She asked whether journalism’s mass audience ever as mass as assumed and whether there had ever had been agreement about what journalism is or is for.

Earlier points in time such as the development of radio, the wire photo and television presented challenges and disagreements.

“There is value in both rupture and in continuity,” she said.

These narratives see crisis as resolvable or apocalyptic.

“All of this is a long way of saying today’s journalistic environments are contingent and diverse,” she said.

“Uncertainty rules in institutional settings, generally without us being aware of it.”

She concluded by suggesting:

1. We assume the centrality of crisis but rarely find data to support it;

2. We identify various nodes supporting the technological determination of the crisis frame; and

3. We assume an overturning of value – what was once seen as central (the newspaper, objectivity) is now seen as toxic.

“Uncertainty is ours to live with not to control or eradicate,” she said.

“The question remains whether uncertainty can ever end in a landscape that is institutionally driven.”

She concluded with a quote from T.S. Eliot: “If you aren’t in over your head how do you know how tall you are?”

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© Mark Pearson 2014

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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International studies point to best practice for reporting Islam and stories involving Muslims

By MARK PEARSON

Three key international studies counsel journalists to reflect carefully on their practice when they are reporting news and issues involving Islam and people who follow it.

Griffith University colleague Dr Jacqui Ewart and I have been funded to explore the best practice in reporting upon the Islamic religion and Muslim people with a view to developing educational resources and training materials.

The project has involved a literature review of the field, the identification of case studies in the Australian media highlighting different approaches to such coverage, and the analysis of extended interviews we are conducting with journalists, educators, students, media relations personnel and other experts the topic.

An important part of the literature review has been to identify similar studies conducted internationally on the topic – ably conducted by one of our research assistants, experienced journalist Guy Healy.

We have identified these three reports as offering excellent guidance to journalists and educators working in this space and we would appreciate hearing from those of you willing to engage in dialogue on the topic.


 

Screen Shot 2014-11-13 at 6.36.02 PMRupar, Verica (2012). Getting the facts right: Reporting ethnicity and religion. A study of media coverage of ethnicity and religion in Denmark, France, Germany, Greece, Hungary, Italy, Lithuania, Slovakia and the United Kingdom.[Project Report]. Brussels: International Federation of Journalists. Available at: http://ethicaljournalisminitiative.org/en/contents/eji-study-2012

This report from Associate Professor Dr Verica Rupar of Cardiff University (now with AUT University, Auckland) aims to improve “…the media’s ability to accurately and fairly report on people, events and issues that touch upon ethnicity and religion.” It draws upon interviews with 117 journalists in nine EU countries and the analysis of almost 200 news stories.

While its scope goes well beyond the reporting of Islam and Muslims, many of its examples and recommendations apply to this religion and its followers.

The study highlights immigration as a topic conflated with Muslims and Islam.

The report suggests the main obstacles to good reporting are the poor financial state of the media, overloading of reporters, lack of time, lack of knowledge, and lack of in-house training.

Overall, it identifies the media’s tasks as:

* Reporting factually and accurately on acts of racism and intolerance

* Being sensitive when writing about tensions between communities

* Avoiding derogatory stereotypical depiction of members of religious groups

* Challenging the assumptions underlying intolerant remarks made by speakers in the course of interviews, reports, and discussion programs.

It calls upon journalists to become more familiar with with anti-discrimination legislation, use broader networks of expert sources, ensure facts are put in context, avoid negative labels, portray people as human beings instead of members of an ethnic or religious group, organize in-house training and adopt internal editorial guidelines.


Screen Shot 2014-11-13 at 6.39.00 PMGreater London Authority (2007). The Search for Common Ground: Muslims, non-Muslims and the UK media. A report commissioned by the Mayor of London. London: Greater London Authority. Available at: http://www.insted.co.uk/search-for-common-ground.pdf

This major study on British media coverage of Islam and Muslims was commissioned by the Greater London Authority in the wake of the London bombings and perceived polarisation of coverage in the media.

It involved opinion poll reviews, studies of recent books and stories, a randomised survey of one week’s news stories, examination of stories about political correctness, interviews with Muslim journalists, and analysis of a television documentary. The researchers were commissioned to inquire into whether the media stimulated informed debate about building a multicultural society, or oversimplified and provided insufficient background that pandered to reader anxieties and prejudices. Other key questions focused on whether stories fostered anxiety, fear and hostility between non-Muslims and Muslims, and whether reportage increased or decreased a sense of common ground, shared belonging and civic responsibility.

Its principal recommendations included (at p. 133):

  • News organisations should review their coverage of issues and events involving Muslims and Islam.
  • They should consider drawing up codes of professional conduct and style guides about use of terminology.
  • News organisations should recruit more journalists of Muslim heritage.

Screen Shot 2014-11-13 at 6.40.35 PMPintak, Lawrence and Franklin, Stephen (eds) (2013). Islam for Journalists; A Primer on Covering Muslim Communities in America. [Digital newsbook]. US Social Science Research Council; Edward R Murrow College of Communication, Washington State University. Available at: http://www.rjionline.org/newsbooks/islam-for-journalists

This 343-page e-book was released in 2011 and has since been updated. It contains chapters by several journalists and educators and is presented as an online course in covering stories related to Islam and Muslims. It features a useful glossary of Arabic terms and an extended list of resources.

In his afterward, titled ‘Islam on Main Street’ Lawrence Pintak states that the coverage of Islam is in many ways no different than the coverage of other topics, except that it is potentially inflammatory.

He suggests:

* carefully assess the bona fides of so-called experts, and make sure the audience is provided with the information they need to weigh the credibility of speakers.

* provide background and context when quoting non-academic “experts” and be transparent about their sponsorships and allegiances.

* turn to academics for guidance because many will offer a more researched and balanced perspective on the topic.


We look forward to hearing from others working in this space.

———–

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 2014

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Filed under blogging, citizen journalism, free expression, Islam, journalism, journalism education, media ethics, Media regulation, Muslim, Press freedom, social media, Uncategorized

Presenting the best of @Griffith_Uni student news blogs

By MARK PEARSON

THE greatest reward for a teacher at any level of education is in celebrating your students’ successes. Colleague Mic Smith and I did this today as we announced the winners of various awards to our students in the course Online News Production, where students were assigned to create multimedia news content and post them to their own news blogs.

I hope you agree as you browse the winners’ work that there are some outstanding examples of multimedia journalism and social media engagement here across a host of topics.

Congratulations students on aiming for excellence … and achieving it!

Cheers,

Mark (@journlaw)

NathanWinners2014

Brisbane students of Griffith University celebrate their Online News Production Golden Mouse Awards for excellence in news blogs. Photo: Jimmy Wall

GCwinners2014-2

Gold Coast Griffith University students proudly display their Golden Mouse awards for excellence in news blogging. Photo: Kirsty Schmitt

Golden Mouse Awards 2014 – Brisbane 

Golden Mouse Award for Best Overall Blog

Screen Shot 2014-10-29 at 1.37.11 PMErin Maclean

Lady Game Bug

http://ladygamebug.wordpress.com/

 

Golden Mouse Award for Best Multimedia News Story

Screen Shot 2014-10-29 at 1.38.37 PMNatasha Hoppner

‘Police say vested interests will prevent power abuse’

B4G20 blog

http://b4g20.wordpress.com/2014/09/24/84/

 

Golden Mouse Awards – Gold Coast

Golden Mouse Award for Best Overall Blog

Screen Shot 2014-10-29 at 1.42.41 PMPaul Eyers, James Laidler and Tom Mann

Waterways News Gold Coast

http://waterwaysnewsgoldcoast.wordpress.com/about/

 

Golden Mouse Award for Best Multimedia News Story

Screen Shot 2014-10-29 at 1.44.21 PMDanielle Laing

‘Food safety, fraud and what it means for organic farming in China’

Organic in China blog

http://organicinchina.tumblr.com/post/98375795557/food-safety-fraud-and-what-it-means-for-organic

 

Other category finalists and winners (Brisbane)

Best education or arts blog finalists

A Reel Film Focus http://areelfilmfocus.wordpress.com/

Jordan Towning, Jane Orme, Joshua Wells, Riley Jackson

Best education or arts blog winner

 Art Student Q : artstudentq.wordpress.com

Tara Ingham

Best human rights / international blog

Tamara Sydenham and Gabrielle Smith

Brisbane Universities Amnesty International Clubs

http://brisuniamnesty.wordpress.com/

Best community blog

Emma McCluney

Ambush the Airwaves

http://communityradiocompanion.wordpress.com/

Most mindful blog on social issues finalist

Jimmy Wall

Fork: Privacy and Cryptography News http://fork.dokterw.me/

 Most mindful blog on social issues winner

Christopher Da Silva and Tim Noyes (NA)

Hard Core Truth Australia

http://hardcoretruthaustralia.wordpress.com/

 Best multicultural or indigenous issues blog

Audrey Courty

Indigenous Pulse
http://
indigenouspulse.wordpress.com

Best mental health blog finalist

Daniel Conaghan: A Different Perspective

http://dcmentalhealth.wordpress.com/

Best mental health blog winner

Talkin‘ About Mental Health 

http://talkinaboutmentalhealth.wordpress.com/

Krystal Gordon and Rachel Harding

Best sports blog

Nickolas Feldon and Jonathan Najarro

Round 13

www.13thround.wordpress.com

Best nature, science or environment blog finalist

Amy Mitchell-Whittington: Fishes for Thought

fishesforthought.wordpress.com

Best nature, science or environment blog winner

Simon Graham: Returning Cuckoo

http://returningcuckoo.wordpress.com/

 

Finalists and winners (Gold Coast)

Best education or arts blog finalists

Lydia Collins Donlon – Chasing Swell – http://chasingswell.wordpress.com/

Phil Kimmins Ubud Letters – ubudletters.com

 Kirsty Schmitt – Educating Alice- http://educatingalice.wordpress.com

 Best education or arts blog winner

 Janis Hanley

Digital storytelling for learning

https://digitalstorytellingforlearning.wordpress.com

Best human rights / international blog finalists

Gold Coast Refugee Australia

 http://goldcoastrefugee.wordpress.com

Pratsiri Setthapong

Best human rights / international blog winner

Africa: The Real Picture

Ruth Goodwin, Uduakobong Etukudo, Ohimai Longe

http://africatherealpicture.wordpress.com/

Best community blog finalist

Sophie Wood 

Do Good Brisbane

dogoodbrisbane.wordpress.com

Best community blog winners

Gabrielle Quinn and Jayde Austin

The Hidden Wonders

thehiddenwonders.squarespace.com/home

Most mindful blog on social issues finalists

Maleika Halpin: appleadayblog.com

Courtney Kelly  and Daphne Maresca: http://boundbyculture.wordpress.com/

Most mindful blog on social issues winner

Samuel Turner:

What are the Odds: Gambling in Australia

http://gamblinginaustralia.wordpress.com/

Best multicultural or indigenous issues finalists

Courtney Kelly – Bound By Culture –  http://boundbyculture.wordpress.com/

Best multicultural or indigenous issues blog winner

Kaylene Lawson

Street Culture

www.stculture.com

Best health, nutrition and fitness blog

Jessica O’Donnell

Healthy Mind and Body

http://healthymindandbodyblog.com/

Best mental health blog finalists

Sarra Davis – Sincerely Sarra http://www.sincerelysarra.wix.com/sincerelysarra  

Crystal-Rose Fleming- Youthful Health – http://youthfulhealth.wordpress.com/

Best mental health blog winners

Jo-Anne Wormald and Emma Lasker (GC)

Golden Oldies News

www.goldenoldienews.wordpress.com

Best sports blog finalists

Brooke Dalton and Alexandra Purser

SEQ Sports Report

http://seqsportsreport.wordpress.com 

Best sports blog winner

Mathilda Andersson

The Sunny Side of Hockey

http://www.thesunnysideofhockey.wordpress.com

Best nature, science or environment blog finalists

Bjorg Hildrum Saltveit and Tone Skredderbakken

UniUniverse

http://uniuniverse.wordpress.com 

Best nature, science or environment blog winner

Kelly Campbell

Plastic For Fence Sitters
http://kellyanncampbellwp.wordpress.com/

Best fashion or lifestyle finalist

Gabriella Ruiz

Brisbane Fashion Bloom

http://brisbanefashionbloom.wordpress.com/

Best fashion or lifestyle winner

Casey Brown

The Fashion Connection 2014

http://thefashionconnection2014.wordpress.com/

———–

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 2014

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Filed under blogging, citizen journalism, journalism, journalism education, media ethics, social media, Uncategorized

Why we can name this forensic mental health patient, but you can’t: open justice in action

By MARK PEARSON

Almost 13 years ago an interpreter at the Community Relations Commission in Ashfield in Sydney – Ms Radmilla Domonkos – died in a fire that had been deliberately lit. Two colleagues were critically injured.

Long_Bay_Jail_2

Long Bay Correctional Centre in Sydney. Photo: JBar, WikimediaCommons

A co-worker was charged with her murder and with maliciously damaging property by fire with intent to endanger life.

After two years of court processes in March 2004 the accused was found not guilty on the ground of mental illness and has since then been held for treatment at the Long Bay Prison Hospital under the Mental Health (Forensic Provisions) Act (1990).

As in many other jurisdictions, the Mental Health Act (2007) prohibits at s. 162 the publication of the names of such patients even if they wish to be named.

As my colleague and research partner Associate Professor Tom Morton explained in an ABC Radio National Background Briefing program – The Man Without A Name – earlier this year, this patient has been prevented from telling his own story because of such anonymity provisions.

As he reported there, the ABC prepared a detailed application for permission to name the patient in that program and we attended a special hearing of that application before the Mental Health Review Tribunal in Sydney last September.

That application was approved, and Tom was able to name the patient in that program that aired in April this year.

However, were advised that such permission was limited to that single publication of the patient’s name. In other words, even though you can listen to a podcast of that program available here to discover his name, we would not be allowed to repeat it in our research outputs without further permission.

Earlier this year we went through that process, and I am pleased to advise that the Mental Health Review Tribunal has granted us permission to name the patient in our research publications and also in this blog.

I believe this is somewhat of a first – an academic research blog being granted permission to name a forensic patient – so journlaw.com is likely breaking new ground here as we do so.

The order states:

The means of publication are restricted to the following outlets for academic scholarship:

1. Academic journal articles, books and book chapters authored by Professor Morton and / or Professor Pearson.

2. Academic research blogs authored by Professor Morton and/or Professor Pearson.

It proceeds to require that any such publication must indicate our authorship, that the Tribunal can withdraw the consent at any time, and that any publication must carry the following notice:

“Notice: It is an offence under the Mental Health Act 2007 (NSW) section 162 to publish or broadcast the name of any person to whom a matter before the Mental Health Review Tribunal relates or who appears as a witness before the Tribunal in any proceedings or who is mentioned or otherwise involved in any proceedings under the Mental Health Act 2007 or the Mental Health (Forensic Provisions) Act 1990, unless consent has first been obtained from the Tribunal. The author has obtained such consent to publish Mr Dezfouli’s name.”

That should make it clear why we can name the patient but you cannot – at least without going through this whole process of application detailed in the Tribunal’s Practice Direction on s. 162, viewable here (pdf file).

So, after that extended preamble, I shall now reveal the patient’s name.

It is Mr Saeed Sayaf Dezfouli.

dezfouli

Forensic patient Saeed Dezfouli. Photo: Justice Action

In coming months we will be publishing our academic outputs on the research and journalistic processes involved in our pursuit for permission to identify Mr Dezfouli, kindly funded by a Rule of Law Institute of Australia grant.

Clearly, there are many competing rights and interests at stake in such a situation, including the patient’s right to privacy and effective treatment, their liberty, community safety, the reputations of their treatment team, and the welfare of victims and their families.

There are also the important legal principles of open justice, free expression, and the public’s right to know about the workings of the mental health and criminal justice systems. We will be exploring such issues in our academic publications.

Meanwhile, if you are interested in the Tribunal’s processes you might wish to read the Tribunal’s Official Report of an uncannily similar case (pdf file) it has published on its website using the name “Mr Ephram”.

The prisoner rights advocacy group Justice Action has also applied for, and obtained, permission to name Mr Dezfouli on its website and you can read more about his situation there.

Also, if you search for his name in a web browser you will find some other instances of him being named in the media, although it is unknown whether there were any legal consequences for the outlets which identified him.

(Tom Morton’s ABC Background Briefing program ‘The Man Without A Name’ – 20 April 2014)

———–

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 2014

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Hot off the press – our 5th edition of The Journalist’s Guide to Media Law

By MARK PEARSON

I was delighted to receive from publisher Allen & Unwin my first copy of the fifth edition of The Journalist’s Guide to Media Law (co-authored with Mark Polden).

Much has changed since our last edition in 2011, particularly in the fields of news media, communication technologies and practices, tertiary education and the law. We have reshaped and updated this edition of the book to accommodate those developments.

The book is still titled The Journalist’s Guide to Media Law, but its new subtitle—‘A handbook for communicators in a digital world’—encapsulates the seismic shifts that have prompted our considerable revisions. Our target audience has broadened with each edition as technologies like the internet and social media have combined to transform journalism and its allied professional communication careers. Thus our prime audience of Australian journalists working for traditional media outlets has widened to embrace public relations consultants, bloggers, social media editors and new media entrepreneurs,  as they fill new professional occupations dealing with media law, once the domain of mainstream reporters and editors.  Crucial questions which recur through the book include: ‘What is a journalist?’, ‘Who is a publisher?’, ‘How does media law affect this new communication form?’ and ‘Who qualifies for this protection?’ Some of the answers are still evolving, as legislators, the judiciary and the community grapple with the implications of every citizen now having international publishing technology literally at their fingertips on mobile devices.

Such shifts have prompted major new inclusions in the content of the book. So much publishing now transcends Australia’s borders via social media, blogs and other online platforms that we have expanded this edition to contain many more international comparisons and cases. This has been accommodated by reducing some of the forensic examination of precise legislation in various Australian states and territories, found in previous editions. Instead of attempting to document every statutory instrument in all nine Australian jurisdictions, we have directed readers to the resources that contain those details.

All of this has necessitated design and pedagogical changes to the book’s format and contents. While the chapter structure is generally in accord with previous editions, there are new sections within the chapters addressing these issues. Their order varies slightly according to topic, but most chapters now include some key concepts defined at the start, some international background and context to the media law topic, a more detailed account tailored to Australian legislation and case law, a review of the ‘digital dimensions’ of the topic with special focus on internet and social media cases and examples, an account of self-regulatory processes if they apply to that topic, some tips for journalists and other professional communicators for mindful practice in the area, a nutshell summary, some discussion questions, and relevant readings and case references.

The introduction of ‘tips for mindful practice’ encapsulates the authors’ aim that professional communicators need to build into their work practices and routines an informed reflection upon the legal and ethical implications of their reportage, commentary, editing, publishing and social media usage. This approach is explained in greater detail in Chapter 2, but it essentially links safe legal practice and the responsible and strategic use of free expression with the personal moral framework and professional ethical strictures of the digital communicator—whether a journalist, public relations consultant, media relations officer or serious blogger.

 

Those changing roles are reflected in a new final chapter, Chapter 13, which deals with the law of PR, freelancing and media entrepreneurship. It replaces a chapter on self-regulation in earlier editions. (The role and application of the various industry regulatory, co-regulatory and self-regulatory bodies, such as the Australian Communications and Media Authority (ACMA) and the Australian Press Council (APC), are now introduced in Chapter 3, but they are then referred to in the chapters where their functions and decisions seem most relevant). We saw this area of media law as significant because those who occupy those roles  are now grappling with special dimensions of media law—and several other legal topics relevant to their work—and deserve a new chapter dedicated to their roles and the legal dilemmas that are emerging in relation to them. The chapter also reflects the fact that many former journalists are now working in these allied occupations, and that student journalists need to start their careers with a broad understanding of the legal considerations which govern allied professional communication industries.

The sheer pace of change in all areas of media law is astounding. Many changes were mooted as this edition was going to press—including important developments in the laws of privacy, copyright, hate speech and court reporting. Rather than render the book dated as soon as it is printed, we have opted to use co-author Professor Mark Pearson’s journlaw.com blog (this one!) as the venue for updates to material, and have built several mentions of that resource into the chapters and discussion questions.

Apart from an array of new cases and examples—many from the international arena and many more from social media—some highlights of important new content covered in this edition include the following:

  • There are significant cases on increased statutory powers, allowing courts to make suppression and non-publication orders, and on the relationship between free speech, open justice and the right of parties to settle disputes privately. Recent cases at the borderline between ridicule and defamation, and on the application of freedom of information laws to immigration detention centres are included, as are cases on the application of sub judice contempt to internet content hosts and ‘celebrity’ claims of privacy invasion.
  • Recommendations of the ALRC on copyright reform are included, together with a discussion of the new copyright fair dealing defence that applies to satire. The book presents a wide range of examples, across different legal categories, relating to the use of the internet and social media, which will be of growing importance for current and future professional practise in communication, reportage and media advice.
  • A separate chapter on secrets (Chapter 9) covers the new journalists’ shield laws and their relevance to micro-bloggers and non-traditional publishers.
  • Chapter 10, on anti-terrorism and hate laws, includes the recommendations for reform of anti-terror laws and discusses the high-profile Andrew Bolt case and related proposals for reform of the Commonwealth Racial Discrimination Act 1975.
  • The recommendations of the Leveson Inquiry in the United Kingdom, and the Finkelstein Inquiry and Convergence Review in Australia, are subjected to critical analysis in view of their potential impact upon notions of a free press.

There is also an increased emphasis on real-time reportage, as the traditional print media increase their online presence and depth of click-through coverage in a 24/7 news cycle, with concomitant risks in the areas of defamation and contempt in their own work and that of third-party commentators on their websites and social media pages.

Without going into exhaustive detail on all of these matters, the book remains true to its original aim: to provide professional communicators and students with a basic working understanding of the key areas of media law and ethical regulation likely to affect them in their research, writing and publishing across the media. It tries to do this by introducing basic legal concepts while exploring the ways in which a professional communicator’s work practices can be adapted to withstand legal challenges.

In designing this edition, we have tried to pay heed to the needs of both professional communicators and media students. The book is best read from front to back, given the progressive introduction of legal concepts. However, it will also serve as a ready reference for those wanting guidance on an emerging problem in a newsroom or PR consultancy. The cases cited illustrate both the legal and media points at issue; in addition, wherever possible, recent, practical examples have been used instead of archaic cases from the dusty old tomes in the law library. Rather than training reporters, bloggers and PR practitioners to think like lawyers, this book will achieve its purpose if it prompts a professional communicator to pause and reflect mindfully upon their learning here when confronted with a legal dilemma, and decide on the appropriate course of action. Often that will just mean sounding the alarm bells and consulting a supervisor or seeking legal advice.

Of course, the book is not meant to offer actual legal advice. Professional communicators must seek that advice from a lawyer when confronted with a legal problem. The most we claim to do is offer an introduction to each area of media law so that journalists, PR consultants and bloggers can identify an emerging issue and thus know when to call for help.

Booktopia is offering pre-orders on their website: http://www.booktopia.com.au/the-journalist-s-guide-to-media-law-mark-pearson/prod9781743316382.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 2014

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‘Mindful Journalism’ – the topic of our forthcoming book with Routledge

By MARK PEARSON

THE term ‘mindful journalism’ is a concept I introduced more than a year ago in the inaugural UNESCO World Press Freedom address at AUT University Auckland.

I fleshed it out further in a paper delivered to the International Association for Media and Communication Research (IAMCR) conference in Dublin in July 2014, which was revised for publication as a forthcoming article in Ethical Space to be published in December.

Screen Shot 2014-09-19 at 4.18.23 PM

Our book preview on the Routledge website

My esteemed colleague, Emeritus Professor Shelton Gunaratne has been working for decades on the intersection between of Buddhism and journalism, and I was honoured to be invited onto a book project he was developing with Sri Lankan colleague Dr Sugath Senarath [pdf file] from the University of Colombo.

We were delighted when Routledge New York accepted our proposal for hard cover publication in March 2015 as part of its Research in Journalism series.

Our book is titled Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach and it features chapters by several scholars from Asia, North America, Australia and Europe.

As outlined in the publisher’s synopsis:

“This book aims to be the first comprehensive exposition of “mindful journalism”—drawn from core Buddhist ethical principles—as a fresh approach to journalism ethics. It suggests that Buddhist mindfulness strategies can be applied purposively in journalism to add clarity, fairness and equity to news decision-making and to offer a moral compass to journalists facing ethical dilemmas in their work. It comes at a time when ethical values in the news media are in crisis from a range of technological, commercial and social factors, and when both Buddhism and mindfulness have gained considerable acceptance in Western societies. Further, it aims to set out foundational principles to assist journalists dealing with vulnerable sources and recovering from traumatic assignments.”

My chapter on ‘The Journalist and Mental Cultivation’ addresses the application to journalism of the final three steps of the Buddha’s Noble Eightfold Path – the mental cultivation (or concentration) dimension of the magga; namely Right Effort (samma vayama), Right Mindfulness (samma sati) and Right Concentration (samma samadhi).

The section on Right Effort calls for journalists to apply a steady, patient and purposeful path to the achievement of ethical practice. It suggests the need for an effort to find and implement sound perspectives and practices that one lacks and to shore up those that one already possesses.

The section on Right Mindfulness explains how journalists might take time out of a stressful situation to focus upon breathing; to pause to meditate upon the rationale for pursuing a story in a certain way, to weigh implications of reportage on stakeholders and to find peace for strategic planning and clarifying context for one’s role and career trajectory.

The section on Right Concentration compares the phenomenon the expression “grace under fire” that is required of consummate professionals in the midst of covering a major news event. It is at this time that top journalists actually enter “the zone” and are able to draw on core ethical values and ingrained professional skills to report within deadline.

The chapter offers several examples from journalism to illustrate the approach and suggests techniques that can be implemented in a secular way by journalists from a range of cultural and religious backgrounds to enhance their ethical practice and the public significance of their reportage.

We are excited at the potential for the project – particularly in a period when journalists and bloggers are accused of having lost their ‘moral compass’ – and we are on track to submit all chapters within the publisher’s October 1 deadline.

https://twitter.com/prbizdaily/status/512866457156194304

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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 2014

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Memo #RSF Paris: Australian media freedom at risk from anti-terror laws

By MARK PEARSON

[Research assistance from media freedom intern Jasmine Lincoln]

Memo to: Benjamin Ismail, Bureau Asie-Pacifique, Reporters sans frontiers (RSF – Reporters Without Borders), Paris.

From: Mark Pearson, RSF correspondent, Australia

RSFlogo-enI regret to advise that several events and policy proposals have impacted negatively on the state of media freedom in Australia.

They are highly likely to threaten Australia’s ranking on your forthcoming RSF World Press Freedom Index.

A raft of new laws and policies proposed by the conservative Abbott Government has placed its stamp on media law and free and open public commentary.

https://twitter.com/JournLaw/status/504463626552373249

The initiatives follow in the steps of the prior Labor Government that had proposed a new media regulatory regime with potentially crippling obligations under the Privacy Act.

In the course of its first year in office the Abbott Government has:

– imposed a media blackout on vital information on the important human rights issue of the fate of asylum seekers;

– initiated major budget cuts on the publicly funded ABC;

– used anti-terror laws to win a ‘super injunction’ on court proceedings that might damage its international relations (see your earlier RSF release on this, which I cannot legally reproduce here for fear of a contempt charge);

– moved to stop not-for-profits advocating against government policy in their service agreements, meaning they lose funding if they criticise the government;

– slated the Office of the Information Commissioner for abolition, promising tardy FOI appeals;

– proposed the taxing of telcos to pay for its new surveillance measures, potentially a modern version of licensing the press;

– proposed ramped up surveillance powers of national security agencies and banning reporting of security operations (See Prime Minister’s August 5 release here);

– proposed increased jail terms for leaks about security matters (you issued a release on July 22 the impact for whistleblowers);

– mooted a new gag on ‘incitement to terrorism’;

– proposed new laws reversing the onus of proof about the purpose of their journey for anyone, including journalists, travelling to Syria or Iraq.

Major media groups have expressed their alarm at the national security proposals in a joint submission stating that the new surveillance powers and measures against whistleblowers would represent an affront to a free press.

Over the same period the judiciary has presided over the jailing of a journalist for breaching a suppression order, the conviction of a blogger for another breach, and several instances of journalists facing contempt charges over refusal to reveal their sources. There have also been numerous suppression orders issued, including this one over a Victorian gangland trial.

Other disturbing signs have been actions by police and departmental chiefs to intimidate journalists and media outlets.

  • The Australian Federal Police raided the Seven Network headquarters in Sydney in February, purportedly in search of evidence of chequebook journalism, triggering an official apology this week.
  • Defence Chief General David Hurley wrote to newly elected Palmer United Party Senator Jacqui Lambie in March, warning her not to use the media to criticise the military.
  • Freelance journalist Asher Wolf received a threatening letter from the secretary for the Department of Immigration and Border Protection (DIBP) Martin Bowles following her co-written article for the Guardian Australia on February  19, 2014 titled ‘Immigration Department data lapse reveals asylum seekers’ personal details.’ The public service mandarin’s letter implied Wolf had obtained the material on which the article was based by ‘dishonest or unfair means’ and demanded Wolf agree not to publish the contents and ‘return all hard and soft copies of the information’ including any her storage devices. See the letter here: WolfDIBP to The Guardian – A Wolf. The Sydney Morning Herald later reported that the DIBP was hiring private contractors to trawl social media and order pro-asylum seeker activists to remove their protesting posts.

I am sure you will agree that these developments are not what we would expect to be unfolding in a Western democracy like Australia where media freedom has previously been at a level respected by the international community.

Kind regards,

Mark Pearson (@journlaw)

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Sources for further detail on the national security reforms:

(6 August, 2014). Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 Submission. Retrieved from: file:///C:/Users/jasmine/Downloads/17.%20Joint%20media%20organisations%20(1).pdf.

Criminal Code Act 1995 (Qld) s. 5.4 (Austl.).

Grubb, B. (19 August, 2014). Anti-leak spy laws will only target ‘reckless’ journalists: Attorney-General’s office. Retrieved from: http://www.smh.com.au/federal-politics/political-news/antileak-spy-laws-will-only-target-reckless-journalists-attorneygenerals-office-20140818-1059c7.html.

Grubb, B. (30 July, 2014). Edward Snowden’s lawyer blasts Australian law that would jail journalists reporting on spy leaks. Retrieved from: http://www.smh.com.au/digital-life/consumer-security/edward-snowdens-lawyer-blasts-australian-law-that-would-jail-journalists-reporting-on-spy-leaks-20140730-zyn95.html.

Hopewell, L. (17 July, 2014). New Aussie Security Laws Would Jail Journalists for Reporting on Snowden Style-Leaks. Retrieved from: http://www.gizmodo.com.au/2014/07/new-aussie-security-laws-would-jail-journalists-for-reporting-on-snowden-style-leaks/.

Murphy, K. (17 August, 2014). David Leyonhjelm believes security changes restrict ordinary Australians. Retrieved from: http://www.theguardian.com/world/2014/aug/17/david-leyonhjelm-security-changes-restrict-australians.

Parliament of Australia (15 August, 2014). Parliamentary Joint Committee on Intelligence and Security, 15/08/2014, National Security Legislation Amendment Bill (No. 1) 2014. Retrieved from: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;adv=yes;db=COMMITTEES;id=committees%2Fcommjnt%2F2066f963-ee87-4000-9816-ebc418b47eb4%2F0002;orderBy=priority,doc_date-rev;query=Dataset%3AcomJoint;rec=0;resCount=Default.

The Greens (1 August, 2014). Brandis presumption of terror guilt could trap journalists, aid workers. Retrieved from: http://greens.org.au/node/5617.

https://twitter.com/richardaedy/status/504514808532566018

https://twitter.com/deanprocter/status/504516241269071874

https://twitter.com/RobMax4/status/504522206290788352

https://twitter.com/JournLaw/status/504547130518679552

https://twitter.com/MmichaelLlucy/status/504514567515287552

https://twitter.com/apicot/status/504514324786728960

https://twitter.com/JLLLOW/status/504514037825019904

https://twitter.com/NadyatEl/status/504489933776510976

https://twitter.com/bjbrike/status/504472790842355712

 

© Mark Pearson 2014

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 free expression, national security, Press freedom, terrorism, Uncategorized

Court restrictions on identifying children in Australia – a guide for journalists

By MARK PEARSON

We have removed the comparative reporting restrictions tables from the  fifth edition of The Journalist’s Guide to Media Law (Allen & Unwin, 2014) which will be published later this year.

Co-author Mark Polden and I have decided to move these comparative tables on reporting restrictions throughout Australia across to this blog – journlaw.com – so we could free up space in the new edition to discuss other important issues such as media law for public relations consultants and the implications of digital and social media.

We will work to update the reporting and publishing restrictions tables over coming months, but for the moment I am publishing them as they stood at the date of our fourth edition in 2011.

As I upload them over coming weeks I would appreciate any students or colleagues using the comments section below to advise of any updates in your jurisdictions and I will act to update the tables accordingly.

Looking forward to your collaborative input!

——

Restrictions on reports of proceedings involving children

Note: NO identification of parties or witnesses in any way under the Commonwealth Family Law Act s. 121.

Jurisdiction Law  Exceptions  Legislation 
ACT  Reports of proceedings: Media allowed to report. ID: Cannot be identified. Cannot publish account of family group conference— None mentioned.  Criminal Code 2002, s. 712A. Children and Young People Act 2008, s. 77. 
NSW Reports of proceedings: Media allowed to stay and report. ID: No ID of child mentioned or otherwise involved (including victims and witnesses) living or dead, during or after proceedings, or their siblings.— Court may close proceedings. Court may allow ID or children aged 16 or over can authorise.(Seek legal advice on this.) Or senior next of kin or court (if deceased).

 

Children (Criminal Proceedings)Act 1987, s. 15A; Children and Young Persons (Care and Protection) Act 1998, ss. 104 and 105; Young Offenders Act 1997, s. 65. 
NT  Reports of proceedings: Open court and reports allowed. ID: No restriction.— Magistrate may close court or order suppression.  Youth Justice Act 2005, ss. 49, 50. 
Qld  Reports of proceedings: No. ID: No ID of child accused without court’s permission. No ID of child witness in sexual matter. ID of child witness okay in other matters unless ordered otherwise. Cannot ID authorised officer or police officer in matters with child witnesses. No ID info about child victims. No ID of children subject to allegations of harm or risk of harm or in state custody or guardianship.— Judge may order publication of identifying information for heinous crimes. Court can permit reporting when otherwise prohibited.Child victim can consent after becoming adult if fully informed of publication matter, audience and reason. Youth Justice Act 1992, ss. 234, 301. Child Protection Act 1999, ss. 189, 192, 193. 
SA  Reports of proceedings: Court open to ‘genuine representatives of news media’. No family care proceedings reports. ID: No ID of child parties, witnesses or victims,or other persons other than in official capacity without their permission, including name, address or school. Documentaries may be approved under strict conditions.— Courts can authorise some reports and ID.  Youth Court Act 1993, s. 24; Young Offenders Children’s   Protection Act 1993, s. 59, Children’s Protection Act 1993, s. 13; 59A. 
Jurisdiction  Law  Exceptions  Legislation 
Tas Reports of proceedings: No provision for media to be present without permission of court. ID: No ID of youths or youth witnesses.— Permission of court.  Youth Justice Act 1997, ss. 30, 31; Magistrates Court (Children’s Division) Act 1998, ss. 11, 12. 
Vic Reports of proceedings: Open court and media allowed to report. ID: No identification of child accused or any witnesses to case. No mention of court venue. Long list of banned ID particulars for children and witnesses including: name, title, pseudonym, alias of the person, home or work address or localit0, school or locality; physical description or style of dress; occupation or calling; relationship to identified others; interests or beliefs; real or personal property. No photos.— Permission of court.  Children, Youth and Families Act   2005, ss. 523, 534. 
WA  Reports of proceedings: Yes ID: No ID on child involved in proceedings in any way. No ID of child subject of a protection application or order.— Court can exclude persons. Supreme Court can authorise ID of child.  Children’s Court of Western Australia Act 1988, ss. 31, 35, 36, 36A. Children and Community Services Act 2004, s. 234 

—————

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 2014

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Filed under blogging, contempt of court, courts, media ethics, mental health, social media, Uncategorized

Sexual offences publishing restrictions in Australia – a guide for journalists

By MARK PEARSON

Our fifth edition of The Journalist’s Guide to Media Law (Allen & Unwin, 2014) goes to the printer this week for publication later this year.

Co-author Mark Polden and I have decided to move some of the comparative tables on reporting restrictions throughout Australia across to this blog – journlaw.com – so we could free up space in the new edition to discuss other important issues such as media law for public relations consultants and the implications of digital and social media.

We will work to update the reporting and publishing restrictions tables over coming months, but for the moment I am publishing them as they stood at the date of our fourth edition in 2011.

As I upload them over coming weeks I would appreciate any students or colleagues using the comments section below to advise of any updates in your jurisdictions and I will act to update the tables accordingly.

Looking forward to your collaborative input!

 

Sexual offences publication restrictions

Jurisdiction  Law Exception Legislation
ACT Complainant must not be identified by name, ‘reference or allusion’, including allowing someone to find out their ‘private, business or official address, email address or telephone number’.


 

Complainant may consent. (Seek legal advice on proving consent.) Evidence (Miscellaneous Provisions) Act 1999, s. 40.
New South Wales
Complainant must not be identified, even after proceedings disposed of. With permission of court. Consent of complainant aged over 14. (Seek legal advice.) With consent of court for   complainants aged under 16.


 

Crimes Act 1900, s. 578A; Children (Criminal Proceedings) Act 1987, s. 15A.
Northern Territory
Complainant must not be identified at all. Accused cannot be identified until after committal. No mention of ‘name, address, school or place of employment’ for either.


 

With permission of court. Sexual Offences (Evidence and Procedure) Act 1983, ss. 6, 7 and 11(2).
Queensland Complainant must not be identified at all. Accused cannot be identified until after committal. No mention of ‘name, address, school or place of employment’ for either. With permission of court.Protection for accused only applies to ‘prescribed sexual offences’:
(a) rape;
(b) attempt to commit rape;
(c) assault with intent to commit rape;
(d) an offence defined in the Criminal Code, section 352.1. Seek legal advice about other offences.


 

Criminal Law (Sexual Offences) Act 1978, ss. 6 and 7.
South Australia Case and related proceedings including identity of accused cannot be reported until accused has been committed for trial. Complainant must not be identified at any stage.Publishers must publish prominent report of result of proceedings they have covered at earlier stage when accused has been identified.


 

  • Pre-committal reports can be made with permission of accused. (Seek advice.)
  • Complainant can be identified with his/her permission or order of court unless child victim.
Evidence Act 1929, ss. 71A and B.
Tasmania Complainant and witnesses other than defendant must not be identified, even if dead. Also bans ‘any picture purporting to be a picture of any of those persons’.


 

Court may allow identification ‘in the public interest’. Evidence Act 2001, s. 194K.
Victoria Complainant must not be identified, even if proceedings not pending. If proceedings not pending, with permission of court or complainant (seek legal advice) or on proof that no complaint of offence had yet been made to police. If proceedings pending, with permission of court only.


 

Judicial Proceedings Reports Act 1958, s. 4.
Western Australia Complainant and their school must not be identified. With authorisation in writing by complainant aged over 18 and mentally capable of making decision. (Seek legal advice.)


 

Evidence Act 1906, s. 36c.

—————

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 2014

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New Australian Press Council standards start August 1

Guest report from JASMINE LINCOLN, Griffith University media freedom intern

THE Australian Press Council (APC) has released its new Statement of General Principles as part of its Standards Project where it is reviewing its Standards of Practice and creating new ones.

It applies to all print and online news material from August 1, 2014.

Mark Pearson ( ) recently had the chance to interview Australian Press Council chair Professor Julian Disney on the role and direction of the Council.

In this interview he discussed the recent reforms to the Council, the move to improve its editorial standards, and the future for media ‘self-regulation’ as broadcast, print, online and social media formats continue to converge.

(12 mins, recorded 17 March 2014). Apologies for some audio sync issues!

The Council states on its site:

The revised Statement of General Principles does not seek to change substantially the general approach which has been taken previously by the Council. The main purposes are to ensure that the Principles accurately reflect that approach, are as clear as possible and are succinct.

Amongst other things, the new Statement of General Principles clarifies

• the principle that reasonable steps must be taken to ensure that factual material is accurate and not misleading applies to material of that kind in all types of article;

• the principle of reasonable fairness and balance applies to presentation of facts (including presentation of other people’s opinions) but not to writers’ expressions of their own opinion.

The Principles focus on four sets of key values:

• accuracy and clarity;

• fairness and balance;

• privacy and avoidance of harm;

• integrity and transparency.

The first phase of the Council’s ongoing changes has involved a review of the General Principles and the development of Specific Standards.

The next phase of the project includes a number of developments, including reviews of Privacy Principles and new Specific Standards on technological media outlets.

Also amongst these developments is a “systemic monitoring of compliance” (Australian Press Council, 2014) regarding the practice of the new standards.

This will directly affect the work of journalists because they will have their articles examined by the APC.

According to Press Council chair Professor Julian Disney, there are two main reasons for this Standards Project: so that the Standards of Practice are clearer and so they appropriately reflect the modern media context.

As a result of this project, the APC hopes that the new standards “will deal more effectively” with numerous complaints that they receive each year.

Sources:

Australian Press Council (2014). The Standards Project. Retrieved from: http://www.presscouncil.org.au/the-standards-project/

Robin, M (July 2014). Higher standards for opinion writing as Press Council refocuses for digital age. Retrieved from: http://www.crikey.com.au/2014/07/22/higher-standards-for-opinion-writing-as-press-council-refocuses-for-digital-age/

© Jasmine Lincoln 2014

Disclaimer: While this blog is 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.

Leave a comment

Filed under free expression, journalism, media ethics, Media freedom, Media regulation, Press freedom, Uncategorized