Interaction Of Media Law And Online Community Griffith University Media Law Essay

1660 words - 7 pages

Advice to Celebrity Whispers
This article is extremely problematic and raises a number of media law issues. I have discussed each one in turn before providing my final advice to ‘Celebrity Whispers’
Defamation
The Macquarie Dictionary definition of defamation is a proclamation without suitable justification that causes damage to another’s reputation. Individuals are able to seek relief for defamation under the Defamation Act (Qld). The preferred definition of defamation comes from case law as affirmed in Radio 2UE Sydney Pty Ltd v Chesterton that ‘defamatory material tends to lower someone in the estimation of right-thinking people.
There are certainly grounds for defamation in this scenario as the article contains defamatory material capable of damaging the reputations of both Sam and David. By linking the article to the topical “#metoo” campaign it gives the impression that Sam and David are perpetrators of sexual offences.
Sam and David are both referred to by name so are obviously identifiable and the material has been published to a third party through their website and facebook. The issue of publication on the internet was dealt with in Gutnick’s case where it was held that defamatory material is published every time it is downloaded and read.
Defences
The following are defences to defamation that may apply in this scenario.
Truth
Proof that assertions made were true provides a full defence to defamation as in Rofe v Smith’s Newspapers. This defence comes under s25 of the Defamation Act and requires legitimate evidence that the claims made are truthful. For example, in the case of Atkinson Prakash Charan v Nationwide News the defence relied on more than 30 witnesses and hundreds of digital exhibits to prove the truth of their statements which resulted in the Court finding for the defence. There is not enough evidence here to prove the truth of the statements about Sam.
With respect to David, this may depend on what stage his matter is at in the courts. For example, if he has already been found guilty, and the next court date is a sentencing hearing, then there is no action for defamation as the imputations are true. However, if this is his first court appearance then he may have an action in defamation against Celebrity Whispers.
Public Interest
Published material where a defamatory imputation is incidental to the discussion of an important public issue may find relief under the Defamation Act. While the article does touch on an important public issue, being the “#metoo” campaign, it seems to use the campaign to fuel the imputation that Sam and David are guilty of a sexual offence. Consequently, it is unlikely that this defence would hold, as the text highlights, this defence rarely succeeds.
Contempt of Court
Sub judice proceedings are those that are pending and certain restrictions are in place during this time to avoid ‘trial by media’, according to the text. There is no absolute definition of when proceedings are considered ‘pending’,...

Other Essays On Interaction of media law and online community - Griffith University Media Law - Essay

How the Beauty Industry Failed Women of Color - Binghamton University, Media and Politics - Essay

4211 words - 17 pages Christina Mille Professor Joseph Leeson- Schatz Media and Politics ENG 450V Spring 2018 How the Beauty Industry Failed Women of Color In the same way that the fashion industry continuously sets the standard of fashion in society, the cosmetics industry has defined beauty since the industry’s rise to success and popularity. Led by big name companies such as MAC and L’Oreal, the cosmetics industry is a breeding ground for all things beauty and

Social Media leading to depression - Queensboro Community College - Journalism Essay

582 words - 3 pages Syedah Fatima Draft Is Social media the trigger for depression? It is a known fact that social media has been a trigger for kids and adult becoming depressed. According to psychnews.org a survey of 1,787 young adults found that the use of multiple social media platforms is more strongly associated with depression and anxiety among young adults that spent time online. In this generation, everyone uses social media such as Instagram, Facebook

Crime and media and how it socially constructs society - Carleton University, COMS 4800 - Essay

3036 words - 13 pages arguing the effects of media construction—in particular, news media, and how it can be seen as socially constructing society—because although an act in itself is seen as deviant and law-breaking, it also largely depends on how other members of society interpret and define the act themselves. Through news media, the social !3 construction of crime is important because without laws, society would be in chaos and there would be no social order. In

Slippery Slopes: Media, Disability, and Adaptive Sports” - Vincennes University writing assignment - Rhetorical Analysis Essay

814 words - 4 pages Cullen 1 Abby Cullen Mr. Houston Period 2 9/5/2018 Rhetorical Analysis People with disabilities are shown in the media in a negative way. William J. Peace, the author of “Slippery Slopes: Media, Disability, and Adaptive Sports”, hopes to change the general public’s view in order to make disabilities not a bad thing. Peace’s use of diction, syntax, and testimonies conveys his feelings towards the public’s view of the disability community. Peace

The Power of Weak Ties on Social Media - Carnegie Mellon university English class - Essay

3207 words - 13 pages while growing a fan base online. Another case study is used to explore how a normal community can be brought together and help can be provided in times of need through the use of social media. These case studies show the farthest extent of how Twitter can be resourceful through the use of weak ties that a user forms online. With the help of arguments by several authors, this paper argues that the weak ties formed on social media can help bring people

Critical Analysis of Images in the Media - Northern Illinois University/English 104 - Essay

935 words - 4 pages wisdom, therefore since he spent so much time in one area, he is bound to know a lot about it. People will listen to what he has to say, because he has been in that line of work for so long. Since he is an expert in the field of military and law enforcement, he can speak on violence and people are more probable to listen to what he has to say, whether it is opinion or fact. Furthermore, Grossman also cites other sources in his article. He elaborates

Corporation Law and its impact on firms - Monash university - Assignment

992 words - 4 pages Exam Revision – Corporation Law [4.01] Through section 124(1) of the Corporations Act 2001, upon the date of registration, a company has the full legal capacity of a natural person where the identity of the company is separate to its shareholders, directors and agents. Thus, a company can sue and be sued. Furthermore, as a company has a separate legal entity, the liability of the shareholders, directors and agents of the company is limited. The

How is disability constructed within the media in both film and TV? - Edge Hill University/ Cultural Representations and the Media - Essay

3369 words - 14 pages MED2201: Cultural Representations and the Media CW2: 3,000-word essay ‘The “problem” is not the person with the disabilities; the problem is the way that normalcy is constructed to create the “problem” of the disabled person’ (Davis: 2013:1). Critically analyse this statement in relation to two examples from either film, television or advertising. Consistently in the media, too often individuals with a disability are portrayed as figures to be

Administrative Justice - Public Law 310 - University of Pretoria - Research Paper

2189 words - 9 pages Bank and Others v The Public Protector and Others Case nr 48123, 52883, 46255 (2018) (unreported)] [2: Promotion of Administrative Justice Act 3 of 2000] The application was made on the following grounds: Firstly, the Public Protector had no authorisation and thus contravened section 6(2)(a)(i) of PAJA[footnoteRef:3]. Secondly, that the recommended remedial action was materially influenced by an error of law contrary to section 6(2)(d) of PAJA

criminal law discuss peters potential liability in the circumstacnes given to you below - university - essay

1462 words - 6 pages Discuss Peters Potential Liability As the defendants’ actions did not lead to death he would be charged with Non -fatal offence. These offences are against a person that don’t result in death but does however result in various degrees of injury. Grievous bodily harm if found under section 18 of the Offences Against the Persons Act 1867 ‘whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm to any

Fashion Media: Eleanor Lambert: Mother of Fashion PR - Kent State University/ Fashion in the Media - Response Paper

1164 words - 5 pages Art. She first began representing emerging artists, and was the first publicist to represent artists rather than the galleries. Eleanor believed in talent. She believed in promoting the individual artists regardless of whether or not they had the money to hire her. Instead, they paid her in art. Eleanor’s success in representing artists, made her well known in the creative community, and around 1935 American fashion designers began to seek

Similar Papers

Social Media And The Healthcare Industry University Of Nottingham Essay

3009 words - 13 pages provided through improving patient care. With the tools that social media provides, physicians are able to stay in better contact with patients, offer medical advice, and monitor patient health. An example of a social network with this purpose is WebView, created by the Georgia Health Sciences University. This network enables online communication between patient and doctor, where patients can send queries, and doctors can answer (Lee Ventola, 2014

Talk About Media Consolidation And How The Media Affect Our Society University Of Pittsburgh Essay

931 words - 4 pages a global community · Oxfam’s definition: · Is aware of the wider world · Respects and values diversity · Has an understanding of how the world works · Is outraged by social injustice · Participates in the community · Is willing to act to make the world a better place · Takes responsibility for their actions · Does global citizenship pose a threat to national interests and potentially undermine the foundation of our current international order

Politics And Law On Tobacco Products Plymoouth State University Essay

813 words - 4 pages Thanos Boulukos EN-1400-01 Mr. Mark Flynn 10/05/18 The Law of Man We live in a society today based around laws our government have issued its citizens to abide by and follow respectively. Many of the laws these governments pass restrict people under the age of twenty-one to engage in drinking alcohol and entering night clubs. Our government expects men and women at the age of eighteen to join the military, risking their lives for our nation. Yet

The Advantages And Disadvantages Of Social Media Bucks County Community College Essay

830 words - 4 pages too reliant on the use of social media. People nowadays especially the millennial are getting more shy and afraid to communicate with others, as they got used to chatting with people via social media. When they meet someone face-to-face, they will be lack of confidence and afraid to speak with each other. In the 21st century, many students and lecturers prefer online classes instead of on-campus classes. Student of online classes usually has less