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Media Law and Policy in the Internet Age [Kietas viršelis]

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  • Formatas: Hardback, 280 pages, aukštis x plotis: 244x169 mm, weight: 644 g
  • Išleidimo metai: 23-Feb-2017
  • Leidėjas: Hart Publishing
  • ISBN-10: 1782257403
  • ISBN-13: 9781782257400
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 280 pages, aukštis x plotis: 244x169 mm, weight: 644 g
  • Išleidimo metai: 23-Feb-2017
  • Leidėjas: Hart Publishing
  • ISBN-10: 1782257403
  • ISBN-13: 9781782257400
Kitos knygos pagal šią temą:
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 worlds 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.

Recenzijos

Overall, this is a highly impressive book... The book would appeal not just to those focusing on UK common law, but also laws from numerous other jurisdictions, especially Asia... In summary, a clear 10/10 - and essential (absolutely essential!) reading for anyone interested in Asian defamation laws. -- James Griffin, University of Exeter * European Journal of Law and Technology * This book is of great interest to researchers in the field of defamation laws, privacy and online challenges. The comparative elements in the text are particularly captivating. -- Ursula Smartt * Entertainment Law Review * The internet has given the world the means to more fully realize the right to seek, receive and impart information and ideas regardless of frontiers. But this giant step for freedom of information has come with equally giant challenges, including that of adapting laws and national jurisdiction to this borderless medium. Media Law and Policy in the Internet Age could not have come at a more pressing time. It provides a crucial and comparative insight into the defining issue of the decade. A must-read for anyone seeking to better comprehend the depth and breadth of the impact of the internet on our legal concepts, systems and reasoning. -- Dr Agnes Callamard, Director, Columbia Global Freedom of Expression, Columbia University It has never been easier to communicate information; the internet and social media enable anyone to be a publisher or netizen. Laws to restrict communication adapt to this new context, creating fresh battlegrounds in the continuing fight to protect freedom of expression. This book shines a bright light on the issues at stake, with insights from the front lines by individuals dedicated to media law reforms. How the law affects free speech matters to us all. -- Heather Rogers, QC, One Brick Court, London, and co-author Duncan and Neill on Defamation (4th edn) (2015) Media Law and Policy in the Internet Age represents a significant addition to the still limited literature on how we should approach media freedom globally. It coherently examines various internet-driven challenges and opportunities for media law reforms. This informatively edited volume provides an in-depth and wide-ranging insight into defamation, privacy, open justice, the journalists privilege, and more. The book should be essential reading for anyone interested in the international, foreign, and comparative framework for analyzing the internets impact on media freedom and practice. -- Kyu Ho Youm, Professor and Jonathan Marshall First Amendment Chair, University of Oregon The legal environment underlying serious journalism rarely gets enough attention, yet it is crucial to what we journalists do. The shifting laws that impact our reporting have grown markedly more complex in the digital age. Fortunately, we have a groundbreaking new resource in the field. In Media Law and Policy in the Internet Age, Doreen Weisenhaus, Simon Young and their colleagues chart the global trends affecting media freedom, libel law, and online expression. For those who care about the future of free expression, this is an invaluable addition. -- David E Kaplan, Executive Director, Global Investigative Journalism Network

Acknowledgements v
List of Contributors
xiii
Table of Cases
xv
Table of Legislation
xxiii
Introduction 1(12)
Doreen Weisenhaus
Simon NM Young
Part A Conceptual Perspectives of Media Law and Policy
1 Defending Media Freedom in the Internet Age
13(14)
Peter Noorlander
Introduction
13(1)
Challenges to Media Freedom in the Internet Age
14(7)
Laws that Protect Reputation and Privacy
14(3)
National Security, Anti-terror and Public Order Laws
17(2)
Laws Designed to Regulate or Restrict Online Media
19(2)
Media Law in the Internet Age: Opportunities
21(4)
Publishing in the Age of the Internet: Taking Advantage of Strong Pro-speech Laws
21(1)
Laws that Promote Media Freedom
22(3)
Concluding Observations
25(2)
2 Advances in Open Justice in England and Wales
27(10)
Lord Dyson
Introduction
27(1)
Televising Courts
28(2)
Social Media
30(2)
The Judicial Communication Office and Media Panel
32(4)
Conclusion
36(1)
3 Free Speech, Reputation and Media Intrusion: Law Reform Now
37(12)
Lord Lester of Herne Hill
The Defamation Act 2013
37(6)
Speech Crimes
43(2)
Independent Press Regulation and the Leveson Report
45(2)
Conclusion
47(2)
4 Independence of the Press as a Constitutional Necessity
49(12)
Gillian Phillips
Part B Media Law Reform and Defamation
5 Rethinking Reynolds: Defending Public Interest Speech
61(14)
Andrew T Kenyon
Reynolds to Section 4
62(3)
The Terms of Section 4
65(2)
Parliamentary Debates
67(2)
Stronger than Reynolds?
69(2)
A Second Generation of Reform?
71(1)
Conclusion
72(3)
6 Defamation Law in Canada and England: Emerging Differences
75(20)
Paul Schabas
Adam Lazier
The Long Road to the Responsible Communication Defence
75(9)
Libel Law before the Canadian Charter of Rights and Freedoms
75(1)
The Early Charter Years
76(3)
Grant v Torstar: Recognising Responsible Communication
79(5)
Modernising the Fair Comment Defence
84(3)
Defamation Law and the Internet
87(2)
Protection for Hyperlinking and Intermediaries
87(1)
The Single Publication Rule
88(1)
The Law of Jurisdiction: The Next Capital of Libel Tourism?
89(1)
The Serious Harm Test
90(1)
Related Causes of Action
91(2)
Breach of Privacy
91(2)
Negligence
93(1)
Conclusion
93(2)
7 The Internet and Politics in the Development of Hong Kong Defamation Law
95(18)
Rick Glofcheski
The New Media
97(1)
Website Hosts and Discussion Sites
98(3)
Automated Internet Search Suggestions
101(1)
Public Interest
102(4)
Reportage
106(2)
Other Defences
108(1)
Damages
109(2)
Conclusion
111(2)
8 China's Defamation Law: The Contest Between Criminal and Civil Defamation Law
113(14)
Xu Xun
The First Phase: 1979 to 2001
113(1)
The Second Phase: 2001 to 2013
114(13)
9 The Philippine Supreme Court on Cyber Libel: Lost in Overbreadth
127(14)
H. Harry
L. Roque, Jr.
The Philippine Law on Libel
128(1)
The Adonis Challenge to the Cybercrimes Prevention Act
129(2)
The Legal Challenge
131(2)
On Overbreadth
131(2)
On Pacta Sunt Servanda
133(1)
Decision of the Court
133(4)
Concluding Observations
137(4)
10 Confidentiality of Journalists' Sources in Singapore: Silence is Not Golden
141(24)
George Hwang
Introduction
141(1)
Facts of the Case
142(1)
Journalists' Ethics
143(1)
Hearing History
144(2)
Procedure Used
144(1)
At the Registrar
145(1)
At the High Court
145(1)
The Law at the Time of Appeal
146(5)
Origins of the Power
146(1)
Burden of Proof
147(1)
Newspaper Rule
148(2)
Precedents on Point
150(1)
Court of Appeal's Decision
151(3)
Comment on the Court of Appeal's Decision
154(6)
A More Active Court of Appeal?
154(1)
Silence Is Not Golden
155(4)
Is the Glass Half Full?
159(1)
Conclusion: Why, When and Who?
160(5)
Why?
160(1)
When?
160(1)
Who?
160(5)
Part C Legal Regulation of the Media and Internet
11 Challenges for Communications in a Changing Legal Landscape
165(16)
Rolf H Weber
Elements of the New Media Landscape
165(3)
From One-way Communication to Interactive Communication
165(1)
From Contents Produced for Many to Individual Contents
166(1)
From Short Living Information to Always Traceable Information
167(1)
Visions of Political Power in the Digital Age
168(3)
Need for a Redesign of the Sovereignty Concept due to Globalisation
168(1)
Emergence of the Multi-stakeholder Concept and Power Distribution as Alternative
169(1)
Re-establishment of State Intervention through Fragmentation of Global Networks
170(1)
Technology as Media Control Regulation
171(4)
Technology as Regulation
171(2)
Technology as Enforcement Tool
173(1)
Internet Filtering
173(1)
Digital Rights Management
174(1)
Elements of a New Media Governance Framework
175(4)
Necessity of a New Media Governance Framework
175(1)
Recognition of the Openness Principle
176(1)
Importance of Technological Interoperability and Neutrality
176(1)
Key Functions of Information Intermediaries
177(1)
Specific Challenges with Content Requirements
178(1)
Outlook
179(2)
12 Self-regulation of the Press in the United Kingdom
181(6)
Lord Hunt of Wirral
History
181(1)
What the PCC Did
181(1)
The PCC in Transition
182(1)
Implementing Leveson
183(1)
The Political Impasse
183(1)
The Virtues of Self-regulation
184(3)
13 Regulatory Responses from a Southern Archipelago
187(24)
Ursula Cheer
Introduction
187(1)
Background
188(1)
Media Ownership
188(1)
Character of New Zealand Media
189(2)
Legal Restrictions on Media Freedom
191(5)
Criminal Libel
191(1)
Sedition
191(1)
Blasphemy
192(1)
Hate Speech
193(2)
Name Suppression
195(1)
General Civil Laws
195(1)
Regulation of Online Media---New Zealand Models
196(12)
A Grand Regulator?
196(2)
Mind the Gap
198(1)
Expanding Powers of Existing Regulatory Bodies
199(1)
The Press Council
199(1)
The Broadcasting Standards Authority
200(1)
A New Self-regulatory Body
201(1)
Online Media Standards Authority (OMSA) for Broadcasters
201(2)
New Statutory Regulation of Seriously Harmful Online Speech
203(5)
Conclusion---a Mess or a Map?
208(3)
14 Privacy Down Under
211(16)
Peter Bartlett
Introduction
211(1)
History of the Common Law
212(5)
Legislative Protections
217(3)
Privacy Act 1988 (Cth)
217(1)
Uniform Defamation Laws
218(1)
Codes of Conduct
219(1)
Steps by the Australian Law Reform Commission (ALRC)
220(3)
June 2014 ALRC Inquiry
223(1)
Future Directions?
224(3)
15 Two Faces of Freedom of the Press in Indonesia's Reformation Era
227(10)
T Mulya Lubis
Introduction
227(2)
Public Perceptions Regarding Freedom of Expression
229(1)
Barriers to Freedom of the Press
230(3)
Televisual Media and Politics
233(1)
Conclusion: Two Faces of Freedom of the Press in Indonesia Today
234(3)
Index 237
Doreen Weisenhaus is Senior Lecturer at the Medill School of Journalism and Pritzker School of Law and Director, Media Law and Policy Initiative, Northwestern University.

Simon N M Young is Professor and Associate Dean (Research) in the Faculty of Law at the University of Hong Kong. He is a practising barrister at Parkside Chambers and Co-Editor-in-Chief of the Asia-Pacific Journal on Human Rights and the Law.