Media Law and Ethics

Verified

Added on  2023/06/03

|12
|2989
|401
AI Summary
This article discusses the ethics and laws related to media and journalism. It explores a case study involving Bubbles Barrett and the weekly magazine 'Woman's Digest'. The article also covers various defamation cases and the importance of privacy in media.

Contribute Materials

Your contribution can guide someone’s learning journey. Share your documents today.
Document Page
MEDIA LAW AND ETHICS
Media Law and Ethics
Page 1

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
MEDIA LAW AND ETHICS
Table of Contents
1. First Part.................................................................................................................................3
2. Second Part.............................................................................................................................4
3. Third Part...............................................................................................................................6
4. Fourth Part..............................................................................................................................8
References................................................................................................................................10
Bibliography.............................................................................................................................12
Page 2
Document Page
MEDIA LAW AND ETHICS
1. First Part
The first part reveals the facts relating to the provided case. In this context, this case involves
two parties, which one party is Bubbles Barrett and other is the weekly magazine ‘Woman’s
Digest’. Contextually, Barrett is a Melbourne-based actor, who is famous for her comic roles
in films and leads to the reason as to why Tansy, the reporter representing ‘Woman’s Digest’
wanted to interview her. However, Bubbles made it quite clear that the interview can only
take place without any presence of the photographer in it. Tansy agrees for the meeting but
prefers to take a freelance photographer along with her.
Journalism, which is the base of the media industry, is directed toward encouraging free
speech in the democratic countries. People’s right to information as well as respect for truth
are the two distinct philosophies on which journalism is based. The works of the journalists
are directed towards exploring, revealing, recording, asking, engaging, commenting, and
recalling information. They are entitled to provide information relating to citizens and
animate democracy. Furthermore, they not only scrutinize power but also are authorized to
exercise it to a certain extent. This makes them responsible to be more answerable and
accountable. As per the journalist ethics, the commitment of the journalism should be
attributed towards fairness, honesty, respect for the others, and independence. There are some
standards, which are to be followed by the journalists and among them, one of its states that
the journalists should be provided private grief and personal privacy. On a similar note, the
other standard focuses on signifying the use of fair along with being a responsible way of
attaining the required material from any individual or an organization (Media, Entertainment
& Arts Alliance, 2018).
.
Page 3
Document Page
MEDIA LAW AND ETHICS
After evaluation of the ethics that are related to journalism, it can be well understood that the
condition, which Bubbles put forward was observed to be that was accepted by the reporter of
Women’s Digest so that the former’s request could be respected. However, it was observed
that the accompanying photographer with the reporter in spite of Bubble’s request took a
photo, which was published in the magazine.
Similar to the case study, it was observed in one of the cases that a media case that occurred
in Australia has a program telecasted by ABC breached the ABC Code of practice 2011. The
issue, which was raised against this issue, is that it failed to present the MyBudget, which was
a budgeting business an opportunity to react properly on the allegations that were made
regarding negligence along with mismanagement. The program was telecasted with the aim
to discuss the debt management firms, which were increasing in number in order to provide
needful services to the people suffering from financial difficulty. However, the Australian
Communications and Media Authority found a breach of standard 5.3 of the Code on the part
of ABC, as it did not provide MyBudget enough chances to t so as to respond against the
allegations that were brought against it by other two firms. This largely signified the fact that
the opinions of other parties, whatever it may be, must be respected and acted accordingly so
that no complaints or issues of breach can be brought against the media (Australian
Communications and Media Authority, n.d.).
2. Second Part
This part signifies the fact that Tansy (reporter) and the photographer have violated the
condition, which was placed by Bubbles for conducting the interview. In spite of Bubbles’s
condition, the photographer clicked the photo and did not pay heed to the protests of the
former. In addition to that, Tansy got in contact with one of Bubbles school friend for
acquiring information. In order to maintain the confidentiality of Bubbles’ friend’ name,
Tansy kept it to be secret and named her ‘an unnamed source’.
Page 4

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
MEDIA LAW AND ETHICS
The above particular scenario requires precise pointing out to the media ethics and laws that
are included in the field of journalism. This is to make sure that that the information relating
to taking accurate action. According to Glasser & Gleason (2013), the “watchdog press” as
well as “marketplace of ideas” is the specific two metaphors, which explain the freedom that
is associated with the press and speech. In this context, these two freedoms are posed with the
question as to if they are associated with an individual or they carry some social
responsibility. The panel that looks after the privileges of the press ensured that the press is
not enabled to reveal confidential sources in some specific privacy-oriented matters (Glasser
& Gleason, 2013).
Media needs to understand the fact that perseverance of a party’s confidentiality is important
so that no issues are raised. It has been evident that there are some media parties, which have
breached the code of conduct for obtaining and reporting the news. For instance, a case,
which occurred in Sydney, witnessed some people to protesting against the Channel Nine.
According to the protestors, the network was exhibiting ill-treatment to Adam Whittington, as
he and his team recovered the children of Sally Faulkner (ABC 2016). The objections that
were aroused at this instance made the Commercial television Code to state that the
broadcasters must ensure that the factual matters that are represented in the news are to be
accurate and should not at be misrepresented at all. It also affirmed that any material, which
is related to an individual’s personal matter, should not be broadcasted until and unless there
is a consent or reason for broadcasting it (ABC 2016a).
Another case, which took place in the world of media that was related to breaching the code
of conduct, is the case of the Sydney Radio Station 2UE. Australian Broadcasting Authority
(ABA) decided to inquire about the commercial arrangements that were presented by the
radio presenters so that it can be evaluated if there had been any breach of Broadcasting
Page 5
Document Page
MEDIA LAW AND ETHICS
services Act 1992. After the investigation was completed by ABA, it was ultimately found
that the radio shows that were being conducted in Sydney had actually violated the
Commercial Radio Codes of Practice, in which they have violated the Code 2 and Code 3.
The judgment, which was provided in this case, made it quite clear that the public interest
must be restored and things were supposed to be brought under control. This was to be done
at the quickest so that that the information is not manipulated by the news firms and spread it
(Parliamentary Counsel, 2013).
3. Third Part
This part of the presented scenario deals with the defamation, which was created by the
interview article, which was published by the reporter of ‘Women’s Digest’. The article that
was published kept the source of obtaining information secret presented it as ‘unnamed
source’. Additionally, it was further observed that the real name of Bubbles Barrett was
‘Raylene’ as per the information provided by the unnamed source. Moreover, another
statement that was published by the same source was that the news of Bubbles Barrett’s
relation to Steven Spielberg was also a lie. All of this made Bubbles furious and she sent the
letter of concern to ‘Woman’s Digest’, asking for retraction and apology, but both of the
alternatives were discarded by the company.
This actually indicated the defamation issue of the ‘Women’s Digest’ on Bubbles Barrett.
Reports of media-oriented defamation cases are present, which signifies the fact that these
types of situations are majorly evident in the society. For instance, in the case of Wilson v
Bauer Media Pty Ltd [2017] VSC 521 Rebel Wilson filed a suit against Bauer Media Pty Ltd,
known to be the publisher of the Women’s Day magazine. The complaint, which was filed
against the company was mostly related to the articles, which were published with claims that
Wilson lied about her age, name, happenings in life, and ultimately about her upbringing. In
Page 6
Document Page
MEDIA LAW AND ETHICS
this case, Wilson claimed for losses on the basis of the general and special damages, which
she faced by losing business opportunities from May 2015 till the end of 2016. Judge Dixon J
provided verdicts on Wilson’s favor and made Bauer Media Pty Ltd pay $ 650,000 as general
damages and $3,917,472 for special damages to Wilson (State of Victoria 2018).
The next defamation case is Rayney v The State of Western Australia [No9] [2017] WASC
367. This case witnesses the complaint that was filed against the State of Western Australia
by Barrister Lloyd Rayney. The issue was related to the comments that were provided by the
former institution, which accused the Barrister of having killed his wife. The investigation of
Rayney’s wife’s murder was going on in the Supreme Court of Western Australia and stated
that Rayney himself was the murderer. This case covered several important legal issues and
involved the application of qualified privilege defense that was derived from the police
statements. Litigation over the statements was made by the court provided Rayney with $2.62
million (Menagh & Carmody, 2017).
Another famous defamation case that had its records in the Australian law cases is the Chris
Gayle v Fairfax Media. In this case, Chris Gayle, who is a famous international cricketer,
filed a suit of defamation against the Fairfax Media. The issue, which was surrounded round,
in this case, was that the media had published an article in which it had clearly stated that
Chris Gayle had exposed himself in front of a female masseuse in Drummoyne Oval’s
changing room in 2015. This case was taken for attaining jury’s jurisdiction and at the time,
Fairfax Media advanced two distinct defenses of truth with qualified privilege and both of
their efforts was discarded by the jury. The reason for rejecting the media’s approach is that
the court did not find any kind of evidence regarding those statements and on the contrary
found malice on their part. Later on, Fairfax Media commented on the issue stating that
Page 7

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
MEDIA LAW AND ETHICS
whatever jurisdiction took place at that incident was a fair trial. However, this statement was
criticized by NSW Supreme Court Justice McCallum (News Pty Ltd 2018).
All the three defamation cases signify the fact that ethics as well as laws, which are
associated with media, are violated by the news reporters just for the sake of attaining
materials to provide information to the public. The media-related issues require improvement
so that the defamation and other media-oriented issues can be averted. This can help in
improving and being more proactive enforcement of the practice that is oriented with self-
regulation of the individuals. Another way through which improvement can be attained is
enhanced awareness and potential of complaining against the breach of codes committed by
the media. Finally, each individual must be properly guided about all the self-regulatory
codes of practice that will ensure the protection of their privacy (Breit, 2004).
4. Fourth Part
In the scenario’s fourth part, the day after the magazine published the interview, it got viral.
It was observed that commercial TV station along with Channel X broadcasted the news and
featured the photo of Bubbles Barrett from the magazine. Thus, Bubbles filed a suit of
defamation against the Woman’s Digest. The news station also ensured that it will keep
reporting to the people Bubbles ‘fight for justice’ as soon as any updates are gained by the
channel. This reveals the truth of the ethics and law that are involved in the media industry.
The base of this industry is to provide true and precise information to the people without
being partial at any point. According to Oxford University Press ANZ (n.d.), the condition of
Australia’s media condition is worsening on a daily basis, as the journalists remain bound to
the laws, which are formulated and created to present a boundary to the media practices. The
issues are increasing around media require implementation of ethics in the proper form. The
entire media industry has to understand that whatever may be the situation, it is important for
the people to know the accurate truth about a fact that is being conveyed to the mass. Any
Page 8
Document Page
MEDIA LAW AND ETHICS
news or any article, which is being published, amongst the presence of all the bias in the
surroundings need to present the materials with the entire truth (Oxford University Press
ANZ, n.d.).
The journalists in the present situation of the country also need to understand that proper
judgments do not depend on any organization but solely on them. Thus, it is important for
them to deal with the situation impartially so that privacy of the individual is hurt in one way
or the other (Oxford University Press ANZ).
Page 9
Document Page
MEDIA LAW AND ETHICS
References
ABC 2016, 60 Minutes: Adam Whittington accuses Channel Nine of using him as a
'scapegoat', News, viewed 27 September 2018,
<http://www.abc.net.au/news/2016-05-30/adam-whittington-says-channel-nine-using-him-as-
scapegoat/7457602>
ABC 2016a, Channel 9 protest: Adam Whittington supporters say 'bring Skippy home', The
World Today, viewed 27 September 2018,
<http://www.abc.net.au/worldtoday/content/2016/s4463784.htm>
ABC 2018, Lloyd Rayney's defamation win, Law Report, viewed 27 September 2018,
<http://www.abc.net.au/radionational/programs/lawreport/wa-supreme-court-decision-
rayney-defamation/9369348>
Australian Communications and Media Authority, No Date, ABC TV's 7.30 breaches ABC
code of practice, Industryacma, viewed 27 September 2018,
<https://www.acma.gov.au/Industry/Broadcast/Television/TV-content-regulation/abc-tvs-
730-breaches-abc-code-of-practice>
Breit, R. 2004, ‘Journalism, ethics and accountability: Evaluating the virtues of self-
regulation’, Griffith University, pp.1-277.
Castelan, J. 2017, Rebel Wilson’s perfect defamation record: Wilson v Bauer Media Pty Ltd
& Anor [2017] VSC 521, DefamationWatch, viewed 27 September 27, 2018,
<http://defamationwatch.com.au/?p=1109>
Fox Sports Australia 2017, Chris Gayle’s $A391, 000 pitch for tell-all story on bitter court
case, Fox Sports, viewed 27 September 2018, <https://www.foxsports.com.au/cricket/chris-
gayles-a391000-pitch-for-tellall-story-on-bitter-court-case/news-story/
Page
10

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
MEDIA LAW AND ETHICS
190a25fc148e334c5e508a21c3a80979?nk=3cd4bb4e2fbca1316e7d6e80d6e232d2-
1538049669>
Glasser, T.L. & Gleason, T.W 2013, ‘Freedom of the press in the twenty-first century: An
agenda for thought and action’, Journalism and Mass Communication, pp.11-45.
Media, Entertainment & Arts Alliance, 2018, MEAA journalist code of ethics, MEAA,
viewed 27 September 2018, <https://www.meaa.org/meaa-media/code-of-ethics/>
Menagh, J. & Carmody, J., 2017, Lloyd Rayney wins epic defamation fight against WA
government over Corryn Rayney’s death, News, viewed 27 September 27, 2018,
<http://www.abc.net.au/news/2017-12-15/lloyd-rayney-defamation-verdict-handed-down/
9259958>
News Pty Ltd 2018, Jury deliberates over Chris Gayle, Fairfax Media case, Herald Sun,
viewed 27 September 2018, <https://www.heraldsun.com.au/news/law-order/jury-
deliberates-over-chris-gayle-fairfax-media-case/news-story/
6aeaba23ee0d5e06d4a9f63198dc6cae>
Oxford University Press ANZ No Date, Ethical journalism after news of the world, Ethical
Journalism after News of the World, viewed 27 September 2018,
<http://lib.oup.com.au/he/media_journalism/samples/little_journalismethics_sample.pdf>
Parliamentary Counsel 2013, ‘Broadcasting Services Act 1992’, Wipo, 3-629.
State of Victoria 2018, Wilson v Bauer Media Pty Ltd [2017] VSC 521, Supreme Court of
Victoria, viewed 27 September 2018, <https://www.supremecourt.vic.gov.au/law-and-
practice/judgments-and-sentences/judgment-summaries/wilson-v-bauer-media-pty-ltd-2017-
vsc>.
Page
11
Document Page
MEDIA LAW AND ETHICS
Bibliography
Coyne, C.J. and Leeson, P.T.2009, ‘Media as a mechanism of institutional change and
reinforcement’, Kyklos, vol.62, no.1, pp.1-14.
Deuze, M. 2005. ‘What is journalism? Professional identity and ideology of journalists
reconsidered’, Journalism, vol. 6, no.4, pp.442-464.
Page
12
1 out of 12
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]

Your All-in-One AI-Powered Toolkit for Academic Success.

Available 24*7 on WhatsApp / Email

[object Object]