Media Law Defamation, Copyright, Etc - 23639 Words

UNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibited flow of information and opinions on the other. The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in technology and the growth of national publications, the pressure for uniformity gained†¦show more content†¦In South Australia, the right dies with the individual: Defamation Act 2005 (SA) section 10Thus, it is not possible to defame the dead (in the sense of creating a risk of being sued). However, a statement relating to a dead person may also reflect upon some living person so as to give rise to a cause of action. 5. Publication In this context publication means communicating the defamation to a third party. Republication gives rise to a fresh cause of action ie, repeating the defamatory words of another. Where republication is a natural and probable consequence of the original publication, those persons responsible for the original publication will also be held responsible for the further publication. For example, if an interview is recorded with a view to it being republished to other persons, then the person responsible for the original interview can be held responsible for those intended republications. The source will not be protected by reason of the subsequent publication being in an altered form, provided what is subsequently published is to the same effect. 6. Construction The natural and ordinary meaning of words is the meaning in which the words would ordinarily be understood by ordinary people using their general knowledge and common sense. However, it is a question for the Judge to decide what this meaning is. The sense in which the words were intended or in fact understood is irrelevant to their proper constructionShow MoreRelatedMedia Law: Defamation, Copyright, Etc23627 Words   |  95 PagesUNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech andRead MoreThe First Amendment : The Second Amendment1738 Words   |  7 Pagesbe the most used amendment today. One of the reasons is that people are always taking advantage of it. One way is that people try to use it as a joke most of the time and that is one way for someone to ruin it. Another reason is because of social media. An example is somebody goes on Facebookâ„ ¢ and posts something hateful and then they get in trouble for it and they use the excuse saying they believe that the First Amendment gives them freedom to say whatever they want to say. 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FurtherRead MoreBusiness Law Department Exam14857 Words   |  60 Pageswhere a reasonable person would conclude that it was made as a joke, cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror s agent. __T___ Generally, advertisements, catalogs, price lists, etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer. _T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain from doing an act can serve as considerationRead MoreBalancing Individual Privacy with Press Freedom3139 Words   |  13 PagesColumbia University, once wrote: Privacy is the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others (self information control right). 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