Media Law: Freedom of Speech, Censorship, and Defamation

This document explores various aspects of media law, including freedom of speech, censorship, and defamation. It discusses the implications of government censorship and restrictions on social media usage. It also delves into the laws surrounding contempt of court, sub judice, and the reporting of court proceedings. Additionally, it examines the elements of defamation and the role of media in protecting reputation.

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Media law

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Table of Contents
Problem 1...................................................................................................................................3
Answer to Question 1.............................................................................................................3
Answer to Question 2.............................................................................................................3
Answer to Question 3.............................................................................................................3
Answer to Question 4.............................................................................................................3
Problem 2...................................................................................................................................4
Answer to Question 1.............................................................................................................4
Answer to Question 2.............................................................................................................4
Answer to Question 3.............................................................................................................4
Answer to Question 4.............................................................................................................4
Problem 3...................................................................................................................................5
Answer to Question 1.............................................................................................................5
Answer to Question 2.............................................................................................................5
Answer to Question 3.............................................................................................................5
Answer to Question 4.............................................................................................................6
Reference List............................................................................................................................7

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Problem 1
Answer to Question 1
The media law issue in this aspect is the Freedom of Speech and Expression as far as
Censorship by the federal government of Australia is concerned with reference to the airing
of views in the internet. Such kind of censorship over media in Australia is deemed to be
reasonable for the welfare of the public. The Australian Communications and Media
Authority are responsible for the imposition of restrictions and limitations in terms of posting
content over the internet (Moore, et l., 2017). Such an aspect also triggers hate speech thereby
resulting in the incitement of a possible conflict. It also implies intolerance. Additionally, the
shark netting policy of the federal government of Australia is aimed at the welfare of the
public as far as the safety and security of beaches are concerned. Such an aspect of airing
views against the policies of the government on Twitter contravenes the guidelines on the
usage of social media.
Answer to Question 2
These kinds of laws are applicable with regard to the public policy of posting content which
contains attack towards the government by a public official. The Australian Public Service
Code of Conduct also has an important role to play with reference to the application of the
laws. The Freedom of Press in this aspect also has an important role to play with regard to the
application of the laws and the defenses which can be argued upon accordingly. However, the
key thing would be the justifications related to the restrictions and limitations in terms of
Freedom of Speech and Expression (Bertrand, 2018). As a result, it would help in the
capitulation upon the application of the laws in an effective and efficient manner thereby
resulting in a comprehensive solution in the interest of fairness and equity as far as natural
justice is concerned.
Answer to Question 3
Article 19 of the International Covenant on Civil and Political Rights would have an
important role to play with regard to the facts of the given situation. The restrictions and
limitations in terms of Freedom of Speech and Expression are within the ambit of Article
19.3 of the International Covenant on Civil and Political Rights with regard to the
entitlements of the others in terms of dignity and the national security as far the protection of
the public is concerned. In the case of Australian Capital Television Pty Ltd v

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Commonwealth, it was held by the High Court of Australia that Part III D of the Political
Broadcasts and Political Disclosures Act of 1991 are in contravention of the Constitution of
Australia as far as the freedom related to communication in terms of politics is concerned. In
the provided scenario, there is no instance of political affairs of Australia.
Answer to Question 4
The course of action recommended for the concerned journalist or the publisher in this regard
is to be in compliance with the media ethics in order to publish the content concerned. It also
implies the following of the regulations governing online censorship. The concerned
journalist or the publisher must delve into the sensitivity of the matter prior to the carrying
out of the activities related to the publishing of the content. The guidelines with regard to
the usage of social media are also to be taken into account by the concerned journalist or the
publisher. In order to publish the report, the offensive comments thereby possibly leading to a
detrimental effect must be filtered out by concerned journalist or the publisher. It would help
in the protection of the freedom of speech in an effective and efficient manner without any
hurdles. The facts of the provided scenario imply that censorship is applicable as a tweet is
made by a public official against the government policy. As a result, the required action must
be undertaken against such official.
Problem 2
Answer to Question 1
The media law issue in this aspect is the aspect related to reporting of court with regard to
contempt and sub judice. The concept relating to contempt of court implies the activity
undertaken which results in the impediment or hindrance in the administration of justice as
far as the due process of law is concerned. The concept relating to sub judice imply the
publication of any content which would most probably result in the negative influence in any
trial which would be held in the future as far as the issues related to the modus operandi of
justice is concerned in the interest of equity and fairness. As a result, it is imperative that as
far as the media law is concerned, reporting of the case of the court must be done in such
manner so that it does not lead to the undermining of the system of justice.
Answer to Question 2
These kinds of laws are applicable with regard to the approach undertaken by the media in
order to report the court proceedings or any kind of civil or criminal wrong under the ambit

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of law. It further implies that as per the provided scenario, there should be moderation of
comments made by the public in case of articles published by the media as a far as the murder
case is concerned (Frost, 2015). As a result, it is imperative that the comment made by Davy
Jones in this regard must be moderated at the earliest as it contains not only explicit content
but also interferes with the administration of justice to a huge extent. It is also imperative that
such a comment is subject to contempt sub-judice. The applicability of such laws would help
in the ethics to be followed by media in reporting of cases.
Answer to Question 3
In the case of Director of Public Prosecutions v Krystal Johnson and Yahoo 7 Pty Ltd, the
journalist Krystal Johnson employed by Yahoo 7 Pty Ltd published an online article whose
titled contained such a content that it interferes with the modus operandi which is pertinent to
the administration of justice. As a result, the Director of Public Prosecutions filed an
application accordingly with regard to contempt (Daftary-Kapur and Penrod, 2018). In this
case, it was held by the Supreme Court of Victoria that a fine of three hundred thousand
dollars must be imposed over Yahoo 7 Pty Ltd on grounds of contempt sub judice thereby
implying failure to make the necessary moderations accordingly. Krystal Johnson was
provided by the Supreme Court of Victoria a bond of good behavior. It is imperative from the
case that proceedings must be initiated on grounds of contempt sub-judice.
Answer to Question 4
The course of action recommended for the concerned journalist or the publisher in this
regard is to be in compliance with the laws related to contempt of court and sub judice. The
concerned journalist or the publisher must not engage in media trial thereby resulting in the
prejudicial aspects related to the system of justice. Any content containing explicit matter
which may result in the detrimental effect of the modus operandi of justice must be filtered
out accordingly by the concerned journalist or the publisher. It is also suggested that the
concerned journalist or the publisher must not engage in the activities regarding the reporting
of proceedings which results in the contravention of the aspect s relating to fairness. The
concerned journalist or the publisher must imply that media ethics are being followed
accordingly with regard to the drawing of conclusions with reference to court cases. It is
further implied that engaging in activities on part of media thereby hampering the due process
of law would lead to contempt sub-judice. As a result, moderation of comments is necessary
as implied from the facts of the scenario provided.

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Problem 3
Answer to Question 1
The media law issue in this aspect is the concept pertaining to defamation. The basic tenets
governing the tort of defamation imply that the statement must be untrue and it should be
known to a third party. In the scenario provided, there are fake reviews of any organization
posted for the purpose of gaining competitive advantage in an unfair manner. If the reviews
are found to malign the organization, it would result in defamation. However, the exceptions
in the instances related to defamation involve truth and the comment made in the interest of
fairness as far as freedom of speech is concerned (Weisenhaus and Young, 2017).
Proceedings are to be initiated accordingly with regard to defamation in order to provide a
comprehensive solution in the interest of fairness and justice. It would help in the addressing
of the issues in a proper and appropriate manner.
Answer to Question 2
These kinds of laws are applicable with regard to the delving into the scathing reviews posted
in online media for the purpose of the degradation of the reputation of an organization. These
laws are also applicable in the aspect related to the reputation or dignity of the person or the
organization in question. As far as the media is concerned, these laws would help in the
ensuring of the reporting of events in a proper and appropriate manner without leading to a
detrimental effect over the reputation of the person or the organization in question (Butler and
Rodrick, 2015). As a result, the ethics would be adhered to on part of media in terms of
reporting of instances as far as the aspect of defamation is concerned. Then applicability of
such laws may be through court with regard to proceedings pertaining to defamation.
Answer to Question 3
In the case of Lange v Australian Broadcasting Corporation, David Lange, the then Prime
Minister of New Zealand was reported by the Australian Broadcasting Corporation in its
program Four Corners. Such a program implied that the Labour Party of New Zealand had
been elected to power by the virtue of massive business interests. As a result, it was argued
by David Lange; the then Prime Minister of New Zealand that such a report is false and
baseless. In this case, it was held by the High Court of Australia that such an activity on part
of Australian Broadcasting Corporation implies the defamation of David Lange thereby
leading to the degradation of the reputation to a massive extent. As a result, a comprehensive

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solution was provided by the High Court of Australia to David Lange in the interest of equity
and fairness as far as natural justice is concerned.
Answer to Question 4
The course of action recommended for the concerned journalist or the publisher in this regard
is to be in compliance with the laws related to defamation as far as the making of scathing
attacks on a person or an organization is concerned. The scenario implies that posting a
scathing review with regard to malicious approach must involve the application of laws
relating to defamation. The media houses have an important role to play as far as reporting of
events and broadcasting of programs are concerned. It would help in the addressing of the
issues relating to defamation in a proper and appropriate manner without any kind of action
that involves proceedings in court thereby leading to action on grounds of defamation. As a
result, ethics would be followed by the media in a proper and appropriate manner. It is also
suggested that the concerned journalist or the publisher must not indulge in activities related
to maligning of reputation. It further implies that proceedings related to defamation must be
initiated against Steve and Penny Daltrone for posting a highly negative review against the
Fisherman’s Lodge provided that the content of the review contains false information.

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Reference List
Books
Bertrand, C.J., 2018. Media ethics and accountability systems. 6th ed. Abingdon: Routledge.
Butler, D.A. and Rodrick, S., 2015. Australian media law. 4th ed. Melbourne: Thomson
Reuters (Professional) Australia Limited.
Frost, C., 2015. Journalism ethics and regulation. 6th ed. Abingdon: Routledge.
Moore, R.L., Murray, M.D., Farrell, M. and Youm, K.H., 2017. Media Law and Ethics. 6th
ed. Abingdon: Routledge.
Weisenhaus, D. and Young, S.N. eds., 2017. Media Law and Policy in the Internet Age.
London: Bloomsbury Publishing.
Journals
Daftary-Kapur, T. and Penrod, S.D., 2018. Pre-and Midtrial Publicity in the Age of Internet
and Social Media. Criminal Juries in the 21st Century: Psychological Science and the Law,
p.155.
Cases
Australian Capital Television Pty Ltd v Commonwealth
Director of Public Prosecutions v Krystal Johnson and Yahoo 7 Pty Ltd
Lange v Australian Broadcasting Corporation
Laws
International Covenant on Civil and Political Rights
Political Broadcasts and Political Disclosures Act of 1991
Australian Public Service Code of Conduct