Australian Media Law [4th ed.]

"This book covers media law subjects for legal practitioners and for tertiary law students or students in tertiary media courses." -- Libraries Australia.

Australian Media Law [5th Edition]

Australian Media Law details and explains the complex case law, legislation and regulations governing media practice in areas as diverse as journalism, advertising, multimedia and broadcasting. It examines the issues affecting traditional forms of media such as television, radio, film and newspapers as well as for recent forms such as the internet, online forums and digital technology, in a clear and accessible format. New additions to the fifth edition include: - the implications of new anti-terrorism legislation for journalists; - developments in privacy law, including Law Reform recommendations for a statutory cause of action to protect personal privacy in Australia and the expanding privacy jurisprudence in the United Kingdom and New Zealand; - liability for defamation of internet search engines and service providers; - the High Court decision in Roadshow v iiNet and the position of internet service providers in relation to copyright infringement via their services; - new suppression order regimes; - statutory reforms providing journalists with a rebuttable presumption of non-disclosure when called upon to reveal their sources in a court of law; - recent developments regarding whether journalists can use electronic devices to collect and disseminate information about court proceedings; - contempt committed by jurors via social media; and an examination of recent decisions on defamation, confidentiality, vilification, copyright and contempt.

New media [Fourth Edition]

This is the fourth edition of New Media: An Introduction, with the previous editions being published by Oxford University Press in 2002, 2005 and 2008. As the first edition of the book published in the 2010s, every chapter has been comprehensively revised, and there are new chapters on: • Online News and the Future of Journalism (Chapter 7) • New Media and the Transformation of Higher Education (Chapter 10) • Online Activism and Networked Politics (Chapter 12). It has retained popular features of the third edition, including the twenty key concepts in new media (Chapter 2) and illustrative case studies to assist with teaching new media. The case studies in the book cover: the global internet; Wikipedia; transmedia storytelling; Media Studies 2.0; the games industry and exploitation; video games and violence; WikiLeaks; the innovator’s dilemma; massive open online courses (MOOCs); Creative Commons; the Barack Obama Presidential campaigns; and the Arab Spring. Several major changes in the media environment since the publication of the third edition stand out. Of particular importance has been the rise of social media platforms such as Facebook, Twitter and YouTube, which draw out even more strongly the features of the internet as networked and participatory media, with a range of implications across the economy, society and culture. In addition, the political implications of new media have become more apparent with a range of social media-based political campaigns, from Barack Obama’s successful Presidential election campaigns to the Occupy movements and the Arab Spring. At the same time, the subsequent developments of politics in these and other cases has drawn attention to the limitations of thinking about the politics or the public sphere in technologically determinist ways. When the first edition of New Media was published in 2002, the concept of new media was seen as being largely about the internet as it was accessed from personal computers. The subsequent decade has seen a proliferation of platforms and devices: we now access media in all forms from our phones and other mobile platforms, therefore we seen television and the internet increasingly converging, and we see a growing uncoupling of digital media content and delivery platforms. While this has a range of implications for media law and policy, from convergent media policy to copyright reform, governments and policy-makers are struggling to adapt to such seismic shifts from mass communications media to convergent social media. The internet is no longer primarily a Western-based medium. Two-thirds of the world’s internet users are now outside of Europe and North America; three-quarters of internet users use languages other than English; and three-quarters of the world’s mobile cellular phone subscriptions are in developing nations. It is also apparent that conducting discussions about how to develop new media technologies and discussions about their cultural and creative content can no longer be separated. Discussions of broadband strategies and the knowledge economy need to be increasingly joined with those concerning the creative industries and the creative economy.

Amateur Media : Social, Cultural and Legal Perspectives

The rise of Web 2.0 has pushed the amateur to the forefront of public discourse, public policy and media scholarship. Typically non-salaried, non-specialist and untrained in media production, amateur producers are now seen as key drivers of the creative economy. But how do the activities of citizen journalists, fan fiction writers and bedroom musicians connect with longer traditions of extra-institutional media production? This edited collection provides a much-needed interdisciplinary contextualisation of amateur media before and after Web 2.0. Surveying the institutional, economic and legal construction of the amateur media producer via a series of case studies, it features contributions from experts in the fields of law, economics and media studies based in the UK, Europe and Singapore. Each section of the book contains a detailed case study on a selected topic, followed by two further pieces providing additional analysis and commentary. Using an extraordinary array of case studies and examples, from YouTube to online games, from subtitling communities to reality TV, the book is neither a celebration of amateur production nor a denunciation of the demise of professional media industries. Rather, this book presents a critical dialogue across law and the humanities, exploring the dynamic tensions and interdependencies between amateur and professional creative production. This book will appeal to both academics and students of intellectual property and media law, as well as to scholars and students of economics, media, cultural and internet studies.

Media futures: A review essay on'The Future of Reputation','TV Futures', and'The Future of the Internet and How to Stop It'

In his 1987 book, The Media Lab: Inventing the Future at MIT, Stewart Brand provides an insight into the visions of the future of the media in the 1970s and 1980s. 1 He notes that Nicolas Negroponte made a compelling case for the foundation of a media laboratory at MIT with diagrams detailing the convergence of three sectors of the media—the broadcast and motion picture industry; the print and publishing industry; and the computer industry. Stewart Brand commented: ‘If Negroponte was right and communications technologies really are converging, you would look for signs that technological homogenisation was dissolving old boundaries out of existence, and you would expect an explosion of new media where those boundaries used to be’. Two decades later, technology developers, media analysts and lawyers have become excited about the latest phase of media convergence. In 2006, the faddish Time Magazine heralded the arrival of various Web 2.0 social networking services: You can learn more about how Americans live just by looking at the backgrounds of YouTube videos—those rumpled bedrooms and toy‐strewn basement rec rooms—than you could from 1,000 hours of network television. And we didn’t just watch, we also worked. Like crazy. We made Facebook profiles and Second Life avatars and reviewed books at Amazon and recorded podcasts. We blogged about our candidates losing and wrote songs about getting dumped. We camcordered bombing runs and built open‐source software. America loves its solitary geniuses—its Einsteins, its Edisons, its Jobses—but those lonely dreamers may have to learn to play with others. Car companies are running open design contests. Reuters is carrying blog postings alongside its regular news feed. Microsoft is working overtime to fend off user‐created Linux. We’re looking at an explosion of productivity and innovation, and it’s just getting started, as millions of minds that would otherwise have drowned in obscurity get backhauled into the global intellectual economy. The magazine announced that Time’s Person of the Year was ‘You’, the everyman and everywoman consumer ‘for seizing the reins of the global media, for founding and framing the new digital democracy, for working for nothing and beating the pros at their own game’. This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores the intersection between media law and copyright law in the regulation of digital television and Internet videos. In The Future of the Internet and How to Stop It, Jonathan Zittrain explores the impact of ‘generative’ technologies and ‘tethered applications’—considering everything from the Apple Mac and the iPhone to the One Laptop per Child programme.

Closing the loop 21st century style : providing feedback on written assessment via MP3 recordings

Feedback on student performance, whether in the classroom or on written assignments, enables them to reflect on their understandings and restructure their thinking in order to develop more powerful ideas and capabilities. Research has identified a number of broad principles of good feedback practice. These include the provision of feedback that facilitates the development of reflection in learning; helps clarify what good performance is in terms of goals, criteria and expected standards; provides opportunities to close the gap between current and desired performance; delivers high quality information to students about their learning; and encourages positive motivational beliefs and self-esteem. However, high staff–student ratios and time pressures often result in a gulf between this ideal and reality. Whilst greater use of criteria referenced assessment has enabled an improvement in the extent of feedback being provided to students, this measure alone does not go far enough to satisfy the requirements of good feedback practice. Technology offers an effective and efficient means by which personalised feedback may be provided to students. This paper presents the findings of a trial of the use of the freely available Audacity program to provide individual feedback via MP3 recordings to final year Media Law students at the Queensland University of Technology on their written assignments. The trial has yielded wide acclaim by students as an effective means of explaining the exact reasons why they received the marks they were awarded, the things they did well and the areas needing improvement. It also showed that good feedback practice can be achieved without the burden of an increase in staff workload.

Facebook, Twitter, SMS and YouTube : the ramifications and risks for surgeons

Social media revolution has impacted on how people interact with one another. This has been a worldwide phenomenon. Whilst social media had its genesis in the personal and private realm its use has expanded exponentially to professional and business contexts, as well as being adopted by governments, politicians, journalists – everyone in just about every walk of life. Although at first the uptake was slow, surgeons and other health professionals are now using social media in their professional as well as personal capacity. This comes with significant advantages and opportunities for improving surgical practice and for facilitating attending communication, but it also comes with certain risks, including legal liability. This paper outlines the ways in which social media including, Facebook, Twitter, YouTube and SMS, is increasingly being employed in surgical practice and explains the legal and ethical consequences that may inadvertently arise in its official, as well as, unofficial use.

Editorial [Special Issue]

This special issue of the International Journal of Technology Policy and Law considers recent developments in the reconfiguration of communication regulation to account for the impact of media convergence. It is readily apparent that media worldwide are going through a series of transformations, associated with the rise of the internet, user-created content and social media. The papers in the collection draw upon legal and policy developments in Australia, the European union and South Korea, and consider such issues as public participation in media policy and regulation, civic media governance for online platforms, the future copyright laws, the roles and responsibilities of internet intermediaries, and regulatory frameworks for internet protocol television (IPTV).

Help at hand to navigate legal minefields

Review(s) of: The journalist's guide to media law, 4th edition, by Mark Pearson and Mark Polden, Sydney: Allen and Unwin, 2011, 480 pp. ISBN 9781742370385; Blogging and tweeting without getting sued: A global guide to the law for anyone writing online, by Mark Pearson, Sydney: Allen and Unwin, 2012, 222 pp. ISBN 9781742378770.

Content regulation

This entry discusses the origins and history of media content regulation, the reasons for content regulations, and their application to different media platforms. It discusses online content regulations and the concerns that have motivated such policies with particular reference to debates about internet filtering. It is noted that, as there is growing convergence of media content, platforms, devices, and services, the debates can be expected to shift from free speech and censorship on the internet and the social protection of internet users, to wider issues of media policy reform that include cultural policy and industry development in the digital economy.

Social network media and political activism: a growing challenge for law enforcement

The use of the internet for political purposes is not new; however, the introduction of social media tools has opened new avenues for political activists. In an era where social media has been credited as playing a critical role in the success of revolutions (Earl & Kimport, 2011; Papic & Noonan, 2011; Wooley, Limperos & 10 Beth, 2010), governments, law enforcement and intelligence agencies need to develop a deeper understanding of the broader capabilities of this emerging social and political environment. This can be achieved by increasing their online presence and through the application of proactive social media strategies to identify and manage potential threats. Analysis of current literature shows a gap 15 in the research regarding the connection between the theoretical understanding and practical implications of social media when exploited by political activists,and the efficacy of existing strategies designed to manage this growing challenge. This paper explores these issues by looking specifically at the use of three popular social media tools: Facebook; Twitter; and YouTube. Through the examination of 20 recent political protests in Iran, the UK and Egypt from 2009�2011, these case studies and research in the use of the three social media tools by political groups, the authors discuss inherent weaknesses in online political movements and discuss strategies for law enforcement and intelligence agencies to monitor these activities.

Where the bloody hell does parody fit in Australian copyright law?

This article examines the role of the recently introduced fair dealing exception for the purposes of parody and satire in Australian copyright law. Parody and satire, while central to Australian expression, pose a substantial challenge for copyright policy. The law is asked to strike a delicate balance between an author’s right to exploit their work, the interests of the public in stimulating free speech and critical discussion, the rights of artists who rely on existing material in creating their own expression, and the rights of all artists in their reputation and the integrity of their works. This article highlights the difficulty parodists and satirists have historically faced in Australia and examines the potential of the new fair dealing exceptions to relieve this difficulty. This article concludes that the new exceptions have the potential, if read broadly, not only to bridge the gap between humorous and non-humorous criticism, but also to allow for the use of copyright material to critique figures other than the copyright owner or author, extending to society generally. This article will argue that the new exceptions should be read broadly to further this important policy goal while also being limited in their application so as to prevent mere substitutable uses of copyright material. To achieve these twin goals, I suggest that the primary indication of fairness of an unlicensed parody should be whether or not it adds significant new expression so as not to be substitutable for the original work.

Australian media ethics regime and ethical risk management

Media organizations are simultaneously key elements of an effective democracy and, for the most part, commercial entities seeking success in the market. They play an essential role in the formation of public opinion and the influence on personal choices. Yet most of them are commercial enterprises seeking readers or viewers, advertising, favorable regulatory decisions for their media, and other assets. This creates some intrinsic difficulties and produces some sharp tensions within media ethics. In this article, we examine such tensions—in theory and practice. We then consider the feasibility of introducing an ethics regime to the media industry—a regime that would be effective in a deregulated environment in protecting public interest and social responsibility. In the article, we also outline a rationale and a methodology for the institutionalization of an acceptable and workable media ethics regime that aims to protect the integrity of the industry in a future of undoubtedly increasing commercial pressure.

Copyright, digital media literacies and preservice teacher education

This article considers copyright knowledge and skills as a new literacy that can be developed through the application of digital media literacy pedagogies. Digital media literacy is emerging from more established forms of media literacy that have existed in schools for several decades and have continued to change as the social and cultural practices around media technologies have changed. Changing requirements of copyright law present specific new challenges for media literacy education because the digitisation of media materials provides individuals with opportunities to appropriate and circulate culture in ways that were previously impossible. This article discusses a project in which a group of preservice media literacy educators were introduced to knowledge and skills required for the productive and informed use of different copyrights frameworks. The students’ written reflections and video production responses to a series of workshops about copyright are discussed, as are the opportunities and challenges provided by copyright education in preservice teacher education.