Media Law: Defamation, Copyright, Etc

express. Individuality is therefore not a value of the society, but conformity to the entire community is

publication may be reproduced in any form for any purpose without the written permission of the

Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) was a United States Supreme Court case that defined a clear standard of First Amendment protection against instances of defamation brought by individuals who are private individuals. Four subsequent cases that have cited Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) as precedent include the Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977); Smith v. Wade, 461 U.S. 30 (1983); and Milkovich v. Lorain Journal Company…….

The multiple publication rule was repealed by the Single publication rule under the 2013 Act. The Act explicitly states that original authors will be liability free for statements subsequently republished by third parties provided the republished materials are substantially similar to the original publication. I believe the objective of this rule is not so much about advocating free speech, instead, it is to avoid excessive liability and drainage on judicial

Freedom of expression has multiple limitations. Some advantages of these limits include protecting people from slander, protecting the government from losing top secret information and, protecting citizens from false advertisement. Some disadvantages include a group or person could use defamation of character toward an individual, group, or business, but as long as they are not inciting crime or violence the government cannot convict them under the first amendment. This makes it difficult to carry out a conviction such as in McCoy v. Stewart. In this case McCoy was convicted for encouraging further gang crime but he requested an appeal, and the case made its way to the Supreme Court. The court ruled that Mccoy’s actions didn’t fulfill all the requirements of the Brandenburg test, specifically the part including “imminent lawless action”. This is an example how difficult it may be bringing justice to criminals while following the many detailed steps and freedoms that must not be infringed upon. The First Amendment of the U.S. Constitution states that “Congress shall make no law abridging the freedom of

As seen throughout history, gender and the roles given to each are highly influential in everyday life. Similarly, one’s reputation and the standards to which they are expected to live within play a huge role in how a person behaves. Similarly, the idea of holding a certain reputation based on your identity changes the way that people live and act in society. These two issues are still highly present in today’s society.

One case shows that how defamation laws protects speech that has no first amendment value. In the Milkovich v. Lorain Journal Co. case a United States Supreme Court case rejected the argument that separate opinion privilege existed against libel. The court had referred to the New York Times Co. v. Sullivan and the Gertz v. Robert Welch, Inc.

The course textbook is a great starting point for the legal aspects of the topic and introduces how Australian law functions and points out examples of times when these laws were enforced. This source is useful as it takes an objective look at the topic from a legal aspect, which will allow me to get a basis for the legal issues around the topic in Australia. Similarly this will also be of use as having a solid understanding of Australian law is key before undertaking more dynamic research. Chapters 3, 7, 8, 9 and 10 also cover the topics of Freedom of Expression, censorship and defamation laws within Australia.

This paper will discuss the history of media shield laws in the U.S. and Hawaii. It will argue the pros and cons of the need and importance of such shield laws in Hawaii to help enhance the First Amendment. According to the West 's Encyclopedia of American Law (n.d.) shield laws are statues that “make communications between news reporters and informants confidential and privileged, freeing journalists of the obligation to testify about them in court.” The encyclopedia compares this to a doctor-patient, lawyer-client or priest-parishioner privilege. Where these laws are in action, journalists are free to protect their sources. If subpoenaed by a state court, journalists are free to refuse to give up their confidential sources or unpublished material. This makes it easier for journalists to report on a broad variety of topics, but these laws are also controversial because they challenge the government interests when it comes to bringing criminals to justice (Shield Laws, n.d.). Research shows that Hawaii used to have a shield law – the best in the country according to several people – but it was overturned in 2013. Today, 49 states and the District of Colombia have implemented shield laws of different variation of protection (Riker, 2015). At the same time, there does not exist any media shield laws at the federal level (Shield Laws 101, n.d.).

When two or more entities are not on even playing fields mistrust usually will abound when trying to communicate. The communication gap is pronounced when you have two very different professions trying to dialog. One example would be a programmer trying to explain to a Dentist the need to upgrade his network to guard against viruses and hackers to protect patient information. If the programmer is unable to explain in simplistic terms what is wrong with the Dentists current system, the Dentist will be uneasy upgrading his

Any person who commits any unauthorised act in relation to this publication may be liable to

The 21st century is an age where people publicize information everywhere. People are constantly on the internet to receive the latest news. Consequently, millions of people are on social media every hour of the day. Anyone with an internet connection and basic computer literacy can directly publish content on social media for the world to see. People used to be limited to newspapers and television to receive the latest news, now many people are online posting the latest news ("Defamation Dragged into the 21st Century? | Keep Calm Talk Law", 2014). Millions of people communicate daily through the internet, share ideas, opinions, and thoughts, so it’s not surprising that some of the criticisms posted are the most constructive. Verbal arguments

Smith and Dean state that ‘publication contempt includes any publications that interfere with the conduct of particular legal proceedings and publications that undermine the judiciary through scurrilous abuse, or by allegations of bias and partiality’ (2011). ‘Scandalising the court’ is a contempt issue that addresses and describes publications that tend to undermine the judicial system (NZLC IP36). In this essay, both ‘publication contempt’ and ‘scandalising the court’

A law that curtails the abuse of press power while protecting its freedom to expose the abuse of political power would be difficult, but not impossible, to frame. The essential principle is that the media should not be allowed to pander to the public 's prurience under cover of protecting the public interest.

First, a major factor of effective communication is ensuring information is transmitted properly. Loss of information can lead to a miscommunication with possibly catastrophic results. Sara McComb of the University of Massachusetts elucidates “Communication occurs through two processes: the inscription by the sender and interpretation by a receiver” (7). When this two-party system is acknowledged, it is easier to understand how misinterpretations