Media Law and Policy in the Internet Age

Description

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. Acknowledgements Contents List of Contributors Table of Cases Table of Legislation Introduction Part A:
Conceptual Perspectives of Media Law and Policy 1 Defending Media Freedom in the Internet Age Introduction Challenges to Media Freedom in the Internet Age Media Law in the Internet Age: Opportunities Concluding Observations 2 Advances in Open Justice in England and Wales Introduction Televising Courts Social Media The Judicial Communication Office and Media Panel Conclusion 3 Free Speech, Reputation and Media Intrusion: Law Reform Now The Defamation Act 2013 Speech Crimes Independent Press Regulation and the Leveson Report Conclusion 4 Independence of the Press as a Constitutional Necessity Conclusion Part B:
Media Law Reform and Defamation 5 Rethinking Reynolds: Defending Public Interest Speech Reynolds to Section 4 The Terms of Section 4 Parliamentary Debates Stronger than Reynolds? A Second Generation of Reform? Conclusion 6 Defamation Law in Canada and England: Emerging Differences The Long Road to the Responsible Communication Defence Modernising the Fair Comment Defence Defamation Law and the Internet The Law of Jurisdiction: The Next Capital of Libel Tourism? The Serious Harm Test Related Causes of Action Conclusion 7 The Internet and Politics in the Development of Hong Kong Defamation Law The New Media Website Hosts and Discussion Sites Automated Internet Search Suggestions Public Interest Reportage Other Defences Damages Conclusion 8 China"s Defamation Law: The Contest Between Criminal and Civil Defamation Law The First Phase: 1979 to 2001 The Second Phase: 2001 to 2013 9 The Philippine Supreme Court on Cyber Libel: Lost in Overbreadth The Philippine Law on Libel The Adonis Challenge to the Cybercrimes Prevention Act The Legal Challenge Decision of the Court Concluding Observations 10 Confidentiality of Journalists" Sources in Singapore: Silence is Not Golden Introduction Facts of the Case Journalists" Ethics Hearing History The Law at the Time of Appeal Court of Appeal"s Decision Comment on the Court of Appeal"s Decision Conclusion: Why, When and Who? Part C:
Legal Regulation of the Media and Internet 11 Challenges for Communications in a Changing Legal Landscape Elements of the New Media Landscape Visions of Political Power in the Digital Age Technology as Media Control Regulation Elements of a New Media Governance Framework Outlook 12 Self-regulation of the Press in the United Kingdom History What the PCC Did The PCC in Transition Implementing Leveson The Political Impasse The Virtues of Self-regulation 13 Regulatory Responses from a Southern Archipelago Introduction Background Media Ownership Character of New Zealand Media Legal Restrictions on Media Freedom Regulation of Online Media-New Zealand Models Conclusion-a Mess or a Map? 14 Privacy Down Under Introduction History of the Common Law Legislative Protections Steps by the Australian Law Reform Commission (ALRC) June 2014 ALRC Inquiry Future Directions? 15 Two Faces of Freedom of the Press in Indonesia"s Reformation Era Introduction Public Perceptions Regarding Freedom of Expression Barriers to Freedom of the Press Televisual Media and Politics Conclusion: Two Faces of Freedom of the Press in Indonesia Today Index