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Media Law Assignment (Solved)

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Added on  2020-12-10

Media Law Assignment (Solved)

   Added on 2020-12-10

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Media law Scenarioand Responses
Media Law Assignment (Solved)_1
Table of ContentsSCENARIO 1...................................................................................................................................3SCENARIO 2...................................................................................................................................5SCENARIO 3...................................................................................................................................6
Media Law Assignment (Solved)_2
SCENARIO 1Issue:Is publication of anti government criticism and comments are liable to get be punished under themedia law?What is defence available to the defendant against such allegation.Rule:Defamation Act, 2005Section 9: Sharing critical opinions on social media regarding government policies,includes constitutional freedom of political discussion where a public authority is not entitled toa cause of deformation.Case law:Lange v ABC:Extension of common law:The duty is the correlative of the interest each Australian has an interest in receivinggovernment and political info, thus publication must concern a political and public matter. Thecourt gave implied freedom of political communication (Fernandez, 2013). This is a continuousfreedom and do not restrict to the time of election. The freedom's purpose is grounded on thefunctioning of democratic and responsible government, requiring freedom of communicationbetween the voters and their representatives.Stephens v West AustraliaIn this case the court modified the requisition of the common law defence over thequalified privilege due to the reason that the current defences did not adequately suit therequirement of implied freedom of political communication (Packard, 2012). It was held by thecourt that the matters was not related with the political rather defamation of the political orgovernment parties. Thus, the defence must reside against defamation.DEFENCES Section 31: Honest opinion:It is a defence where the defences is required to prove that the opinion was a mereexpression of opinion rather a statement of the fact by the employee of the defendant [s31(1)(a)].The opinion must be an understood as a statement and applicability of relevance test is requiredto define the intention of the defendant as it to be ordinary reasonable.
Media Law Assignment (Solved)_3

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