BLAW10002 Study Guide - Final Guide: Media Lens, Gag Order, Prior Restraint
14 May 2018
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Revision
•Strong argument in essay
•Cleat introduction that sets out argument
•Indicate to the examiner how you are going to go about arguing your point
•Planning - simple and logical structure
•Conclusion at the end to reinstate argument and how you needed up there
•Demonstrate to the examiner that you understand the material - show knowledge
•When answering questions focus on looking through the free speech and media lens
•Justifications for free speech, what the court have said about free speech and media
•Prepare for three of six areas
•Adequate referencing of cases and articles - draw upon materials
•Draw upon theory to give concepts meeting
•Justifications and interpretation of law is backed dup by theory
•Legality - you can do whatever you like unless law restrains it
•Any restraint on speech is to be interpreted narrowly - how the common law protects
freedom of speech
•Fist Amendment USA - outlier compared to other countries
•In Australia - implied freedom of political communication in the constitution - it is
limited though
•Somewhat limited protection in Constitution in Australia
•Think about how area of law fit within implied freedom of political communication
•Journalist’s sources, privacy
Reporting the Courts
Open justice - holds judges accountable for their actions (other way too hold judges
accountable is appeals system)
•Openness also keeps the legislature in check
•Also holds witnesses accountable - more likely to tell the truth, lies more likely to be
exposed
•Keeps parties and legal representatives accountable
•Educative function - if media is able to report on a case, people can learn what
behaviour is expected to not allowed
•Think about how well the media is at upholding open justice int heir reporting - media
has their own commercial aims which do not always align with the interests of
the public
•Media tend to report the most sensational cases, not ones that are necessarily
relevant to everyday people
•Media may report inaccurately - media tend to give greater coverage to the
prosecution side, rather than the defence - issue with balance and fairness of
reporting
•Depart from open justice - in camera order, concealment order, pseudonym order,
suppression order
•Orders departing from open justice can only be made when it is in the interest of the
administration of justice - strict necessity test, however judges tend to push the
boundaries in derogating from open justice
•Judges tend to be more liberal when in comes to pseudonym orders - think its only a
minimal departure from open justice
•Judges also consider public interest in publishing the case - courts have begun to
make value judgements about whether particular information is available for
publication or not
