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 fourth edition include:

• developments in privacy law, including the expanding privacy jurisprudence in the United Kingdom and New Zealand and Law Reform recommendations for a statutory cause of action to protect personal privacy in Australia
• developments in copyright law, including discussion of the High Court decision in IceTV Pty Ltd v Nine Network Australia Pty Ltd concerning the level of originality required for copyright to subsist and what amounts to a "substantial part" for purposes of copyright infringement
• the replacement of the inconsistent regime of the Commonwealth Trade Practices Act and State and Territory Fair Trading Acts by a uniform Australian Consumer Law
• changes in the classification scheme, including regulation of online content, the proposed internet filter, and the introduction of an R 18+ adult content classification for computer games
• a discussion of digital radio, satellite delivered digital television for poor reception areas and proposed changes to the anti-siphoning rules
• new shield laws for journalists’ sources and proposals for uniform suppression laws and
• an examination of recent decisions on defamation, confidentiality, vilification, open justice and contempt.
  

From: The Law Society of Tasmania, Law Letter June 2012
Reviewed by Dorothy Shea

The year 2011 saw newspapers in the UK come under intense scrutiny with the revelations about the way in which papers like The News of the World obtained their sensational stories.  Getting the scoop was paramount and ethical considerations were swamped by the phone hacking tactics of journalists.

It came as no surprise that by mid-2011 the UK Government set up the Leveson Inquiry to examine the culture, practices and ethics of the press.  What was in question was where the line should be drawn between the right of a free and independent media to investigate legitimate matters of concern in a democratic society and the competing interests of individual and State needs for privacy and confidentiality.

The fourth edition of Australian Media Law in Australia is a timely and relevant text that tackles a wide range of media issues. Since the publication of the third edition in 2007 there have been important developments in Australia in a number of areas of media law, while at the same time other areas remain in a state of flux. The fourth edition examines, in considerable detail, the relevant case law, legislation and regulations that have been put in place to control the operations of journalism, advertising, multimedia and broadcasting. In addition to the issues that affect traditional media such as television, radio, film and newspapers, its focus has widened to take in the internet, online forums and digital technology.

The structure of the book remains essentially the same (except for shifting the consideration of privacy from Chapter 7 to Chapter 8), but the subject matter has been broadened to include:

- Developments in privacy law in Australia and internationally;

- Law Reform recommendations for a statutory cause of action to protect personal privacy;

- Developments in copyright law and associated High Court cases such as lceTV v Nine Network;

- The introduction of a uniform Australian Consumer Law, replacing the Commonwealth trade practices legislation and the State/Territory fair trading laws;

- Changes in the classification scheme;

- A discussion on digital radio and the delivery of television by satellite to remote areas; and

- New shield laws for journalists' sources along with the proposal for uniform suppression laws.

 There are copious references to cases and legislation throughout the text, and summaries of relevant cases are easily identified by the way they are framed, setting them apart from the ordinary text. There is also an extensive Table of Cases and Statutes. The detailed Table of Contents and Index provide the reader with clear instructions on where to find information on specific subjects.

Australian Media Law provides a comprehensive coverage of all forms of media, including what is often referred to as social media - blogs, podcasts, online bulletin boards and discussions lists.  At the same time it clearly identifies how some areas of the law have adapted new forms of media while in others the law is having difficulty keeping up with changes in technology.  For anyone who works in, or advises on, media matters, it is essential reading.

 

Product Reviews

• IP Law Bulletin, Nov 2012 [PDF 146480]
• Law Letter Winter 2012 [PDF 80970]