Media Law and Policy in the Internet Age available in Paperback, eBook
Media Law and Policy in the Internet Age
- ISBN-10:
- 1509930205
- ISBN-13:
- 9781509930203
- Pub. Date:
- 07/25/2019
- Publisher:
- Bloomsbury Academic
- ISBN-10:
- 1509930205
- ISBN-13:
- 9781509930203
- Pub. Date:
- 07/25/2019
- Publisher:
- Bloomsbury Academic
Media Law and Policy in the Internet Age
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$54.95Overview
The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests.
In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.
Product Details
| ISBN-13: | 9781509930203 |
|---|---|
| Publisher: | Bloomsbury Academic |
| Publication date: | 07/25/2019 |
| Edition description: | Reprint |
| Pages: | 280 |
| Product dimensions: | 6.69(w) x 9.61(h) x 0.58(d) |
About the Author
Doreen Weisenhaus is Associate Professor and Director of the Media Law Project at the Journalism and Media Studies Centre at the University of Hong Kong, where she has taught media law and ethics since 2000. She is the author of Hong Kong Media Law: A Guide for Journalists and Media Professionals (2007 and an expanded edition in 2014). She is a former prosecutor and former city editor of The New York Times.
Simon N M Young is Professor and Associate Dean (Research) in the Faculty of Law at the University of Hong Kong. He is a practising barrister at Parkside Chambers and Co-Editor-in-Chief of the Asia-Pacific Journal on Human Rights and the Law.Table of Contents
Acknowledgements v
List of Contributors xiii
Table of Cases xv
Table of Legislation xxiii
Introduction Doreen Weisenhaus Simon NM Young 1
Part A Conceptual Perspectives of Media Law and Policy
1 Defending Media Freedom in the Internet Age Peter Noorlander 13
Introduction 13
Challenges to Media Freedom in the Internet Age 14
Laws that Protect Reputation and Privacy 14
National Security, Anti-terror and Public Order Laws 17
Laws Designed to Regulate or Restrict Online Media 19
Media Law in the Internet Age: Opportunities 21
Publishing in the Age of the Internet: Taking Advantage of Strong Pro-speech Laws 21
Laws that Promote Media Freedom 22
Concluding Observations 25
2 Advances in Open Justice in England and Wales Lord Dyson MR 27
Introduction 27
Televising Courts 28
Social Media 30
The Judicial Communication Office and Media Panel 32
Conclusion 36
3 Free Speech, Reputation and Media Intrusion: Law Reform Now: Lord Lester of Heme Hill QC 37
The Defamation Act 2013 37
Speech Crimes 43
Independent Press Regulation and the Leveson Report 45
Conclusion 47
4 Independence of the Press as a Constitutional Necessity Gillian Phillips 49
Part B Media Law Reform and Defamation
5 Rethinking Reynolds; Defending Public Interest Speech Andrew T Kenyan 61
Reynolds to Section 4 62
The Terms of Section 4 65
Parliamentary Debates 67
Stronger than Reynolds? 69
A Second Generation of Reform? 71
Conclusion 72
6 Defamation Law in Canada and England: Emerging Differences Paul Schabas Adam Lazier 75
The Long Road to the Responsible Communication Defence 75
Libel Law before the Canadian Charter of Rights and Freedoms 75
The Early Charter Years 76
Grant v Torstar. Recognising Responsible Communication 79
Modernising the Fair Comment Defence 84
Defamation Law and the Internet 87
Protection for Hyperlinking and Intermediaries 87
The Single Publication Rule 88
The Law of Jurisdiction: The Next Capital of Libel Tourism? 89
The Serious Harm Test 90
Related Causes of Action 91
Breach of Privacy 91
Negligence 93
Conclusion 93
7 The Internet and Politics in the Development of Hong Kong Defamation Law Rick Glofcheski 95
The New Media 97
Website Hosts and Discussion Sites 98
Automated Internet Search Suggestions 101
Public Interest 102
Reportage 106
Other Defences 108
Damages 109
Conclusion 111
8 China's Defamation Law: The Contest Between Criminal and Civil Defamation Law Xu Xun 113
The First Phase: 1979 to 2001 113
The Second Phase: 2001 to 2013 114
9 The Philippine Supreme Court on Cyber Libel: Lost in Overbreadth H Harry L Roque, Jr 127
The Philippine Law on Libel 128
The Adonis Challenge to the Cybercrimes Prevention Act 129
The Legal Challenge 131
On Overbreadth 131
On Pacta Sunt Servanda 133
Decision of the Court 133
Concluding Observations 137
10 Confidentiality of Journalists' Sources in Singapore: Silence is Not Golden George Hwang 141
Introduction 141
Facts of the Case 142
Journalists' Ethics 143
Hearing History 144
Procedure Used 144
At the Registrar 145
At the High Court 145
The Law at the Time of Appeal 146
Origins of the Power 146
Burden of Proof 147
Newspaper Rule 148
Precedents on Point 150
Court of Appeal's Decision 151
Comment on the Court of Appeal's Decision 154
A More Active Court of Appeal? 154
Silence Is Not Golden 155
Is the Glass Half Full? 159
Conclusion: Why, When and Who? 160
Why? 160
When? 160
Who? 160
Part C Legal Regulation of the Media and Internet
11 Challenges for Communications in a Changing Legal Landscape Rolf H Weber 165
Elements of the New Media Landscape 165
From One-way Communication to Interactive Communication 165
From Contents Produced for Many to Individual Contents 166
From Short Living Information to Always Traceable Information 167
Visions of Political Power in the Digital Age 168
Need for a Redesign of the Sovereignty Concept due to Globalisation 168
Emergence of the Multi-stakeholder Concept and Power Distribution as Alternative 169
Re-establishment of State Intervention through Fragmentation of Global Networks 170
Technology as Media Control Regulation 171
Technology as Regulation 171
Technology as Enforcement Tool 173
Internet Filtering 173
Digital Rights Management 174
Elements of a New Media Governance Framework 175
Necessity of a New Media Governance Framework 175
Recognition of the Openness Principle 176
Importance of Technological Interoperability and Neutrality 176
Key Functions of Information Intermediaries 177
Specific Challenges with Content Requirements 178
Outlook 179
12 Self-regulation of the Press in the United Kingdom: Lord Hunt of Wirral 181
History 181
What the PCC Did 181
The PCC in Transition 182
Implementing Leveson 183
The Political Impasse 183
The Virtues of Self-regulation 184
13 Regulatory Responses from a Southern Archipelago Ursula Cheer 187
Introduction 187
Background 188
Media Ownership 188
Character of New Zealand Media 189
Legal Restrictions on Media Freedom 191
Criminal Libel 191
Sedition 191
Blasphemy 192
Hate Speech 193
Name Suppression 195
General Civil Laws 195
Regulation of Online Media-New Zealand Models 196
A Grand Regulator? 196
Mind the Gap 198
Expanding Powers of Existing Regulatory Bodies 199
The Press Council 199
The Broadcasting Standards Authority 200
A New Self-regulatory Body 201
Online Media Standards Authority (OMSA) for Broadcasters 201
New Statutory Regulation of Seriously Harmful Online Speech 203
Conclusion-a Mess or a Map? 208
14 Privacy Down Under Peter Bartlett 211
Introduction 211
History of the Common Law 212
Legislative Protections 217
Privacy Act 1988 (Cth) 217
Uniform Defamation Laws 218
Codes of Conduct 219
Steps by the Australian Law Reform Commission (ALRC) 220
June 2014 ALRC Inquiry 223
Future Directions? 224
15 Two Faces of Freedom of the Press in Indonesia's Reformation Era T Mulya Lubis 227
Introduction 227
Public Perceptions Regarding Freedom of Expression 229
Barriers to Freedom of the Press 230
Televisual Media and Politics 233
Conclusion: Two Faces of Freedom of the Press in Indonesia Today 234
Index 237