BLAW10002 Lecture Notes - Lecture 1: Liberal Democracy, Ebay, New Media
14 May 2018
School
Department
Course
Professor
Introduction to Freedom of Speech
The media and freedom of speech
•The media plays a critical role in freedom of speech within the liberal democracy
•Radio, television and other mass media = press = the ‘Fourth Estate’
-Important independent democratic institution
-Estates allow for separation of government powers
-Other three estates: legislative, executive and judicial branches of govt.
•The media’s role as the Fourth Estate entitles it to special claims regarding freedom of
expression:
-Media often claims a special privilege
-Democratic journalistic behaviour - often defence in defamation
-Special privilege to not reveal sources of information
The Fifth Estate (p.1)
•The Internet
-creates networked individuals - a network of networks
-enhances individual and institutional communicative power and creates networks that have
public and social benefit
-reconfigures the way we get information, the way we communicate, how we obtain
services and alters the outcomes of these activities - not simply a passing fad
•The risks and hazards the internet poses led to calls for controls for governance
-new accountability on those in power
-governance includes topics such as freedom of expression, protection of minorities,
media ownership and concentrations, authentication of identity of users, and a right
to anonymity
-Self-regulation: users participate in monitoring governance rules (e.g. eBay and Wikipedia)
The rise of the Fifth Estate
•Is the media the only institution entitled to special privilege with the rise of the Fifth Estate?
-Bloggers - should they have journalistic source privilege?
-They do the similar job now, does this warrant special privilege?
-Technology is changing the landscape - more demand, less filtering
•New media in terms of law
-The internet can be accessed any time
-Members of the public can contribute to the media (e.g. mobile phone footage)
-Range of views expressed
-Unprecedented level of accessibility of information
-Across borders (issue - inconsistent domestic/international law)
-Search engines
-Record of large amounts information
-Very difficult to remove information once it has been disclosed
-Difficult to regulate
-Invasion of privacy
Regulation
•Not all restraints on behaviour are legal
•Influencers of our behaviour
-Markets - how we spend our money, prices
-Architecture - using physical boundaries, building codes
-Norms - social norms, judgement if not conforming
-Law!
Document Summary
The media and freedom of speech: the media plays a critical role in freedom of speech within the liberal democracy, radio, television and other mass media = press = the fourth estate". Estates allow for separation of government powers. Other three estates: legislative, executive and judicial branches of govt: the media"s role as the fourth estate entitles it to special claims regarding freedom of expression: Democratic journalistic behaviour - often defence in defamation. Special privilege to not reveal sources of information. Creates networked individuals - a network of networks. Enhances individual and institutional communicative power and creates networks that have public and social bene t. Governance includes topics such as freedom of expression, protection of minorities, media ownership and concentrations, authentication of identity of users, and a right to anonymity. Self-regulation: users participate in monitoring governance rules (e. g. ebay and wikipedia) Technology is changing the landscape - more demand, less ltering: new media in terms of law.
