How one man challenged a law to license journalists in Costa Rica. In 1980, Stephen B. Schmidt, a New Yorker practicing journalism without a license in Costa Rica, challenged the national professional association of journalists to enforce their licensing law, which inevitably restricts the content of the news media. It accepted that challenge, Schmidt was prosecuted, and in a case that went to the Costa Rican Supreme Court, was given a three-month suspended sentence. The case then came before the Inter-American Commission on Human Rights, an arm of the OAS, which voted 5 to 1 to support the Costa Rican court's decision. This book contains the full text of the one dissenting brief presented before the commission, filed by the U.S. representative, R. Bruce McColm.

Journalists and Confidential Sources explores the fraught and widespread reliance by journalists on anonymous sources, whistleblowers, and others to whom they owe an obligation of confidentiality. It examines the difficulties afflicting such relationships; analyses the deteriorating "right to know" and freedom of expression frameworks; and explores solutions and reforms. The book discusses key Australian and international source protection ethics rules, statutes, court cases, law enforcement actions, and case studies. It highlights weakness in journalists’ professional practice codes governing confidentiality obligations; discusses inadequate journalistic appreciation of the importance of establishing clear terms and conditions underpinning confidentiality obligations; and identifies shortcomings in the law governing source protection. The book argues that despite source protection being widely recognised as an important ideal, source protection is under sustained assault, thereby undermining public access to information, and democracy itself. The work focusses on Australia but takes into account source protection in the United Kingdom, the United States, Canada, and New Zealand. This timely contribution to the global discussion on the subject will greatly interest journalists, scholars, educators, and students especially in the areas of media law and policy, journalism, media and communication studies, and public relations; the legal fraternity; and anyone who communicates with journalists.

News consumers made cynical by sensationalist banners--"AMERICA STRIKES BACK," "THE TERROR OF ANTHRAX"--and lurid leads might be surprised to learn that in 1690, the newspaper Publick Occurrences gossiped about the sexual indiscretions of French royalty or seasoned the story of missing children by adding that "barbarous Indians were lurking about" before the disappearance. Surprising, too, might be the media's steady adherence to, if continual tugging at, its philosophical and ethical moorings. These 39 essays, written and edited by the nation's leading professors of journalism, cover the theory and practice of print, radio, and TV news reporting. Politics and partisanship, press and the government, gender and the press corps, presidential coverage, war reportage, technology and news gathering, sensationalism: each subject is treated individually. Appropriate for interested lay persons, students, professors and reporters. Instructors considering this book for use in a course may request an examination copy here.

Technology, and the democratising of news gathering, continue to change traditional journalistic practice making the path through ethical and regulatory frameworks tough to negotiate. As high-profile celebrity cases such as Max Mosley's vividly illustrate, conflicts between the law, ethics and the public’s right and desire to be informed are not easily resolved. This comprehensive volume addresses the ethical considerations, dilemmas and challenges the practising journalist faces, each minute, every day. Providing context and practical advice, it explores an area of crucial importance for the 21st century, thoroughly equipping the reader with the information and tools to negotiate this challenging area knowledgeably, practically and responsibly. This book has been written for students and trainee journalists, working journalists and editors, and indeed for any student of the media.

We are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law? This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media. This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side. 'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host 'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University

The subject of this study is ‘freedom within the press’, the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. The analysis draws on the classical defenders of freedom of speech, Milton and Mill, to show that at the dawn of the 21st century the intertwined alliance between big business and public authorities resulting in the widespread phenomena of self-censorship within the media constitutes an almost insurmountable obstacle. Instead of enlightening the public and inspiring the individual the press may be contributing to an inert public and individual cowardice antithetical to the objectives of human dignity and democracy. The core of the problem is that prima facie the infringement of freedom within the media is not exercised on legal premises and cannot therefore be solved within the legal framework. The operation of the press in society is conditioned by three types of regulation, legal regulation, market regulation and self-regulation. Legal regulation does not adequately presuppose the impact of the latter as it is based on the assumption that press freedom is mainly a negative liberty. The book explores the affirmative side of Article 10 of the European Convention on Human Rights to guarantee press freedom that is not merely illusory but practical and effective. Convention jurisprudence has not only influenced the domestic courts of the Contracting Parties but also the legislators of the Member States. In an era of globalization dominant media operators wield power in their own domestic markets to impede national regulators in adopting interventionist media policies to secure journalistic freedoms. The Convention jurisprudence represents a kind of European ius commune, which is here set in the context of an analysis reflecting the problems and values at issue and offering recommendations to alleviate a situation which threatens democratic ideals and public-spirited journalism.