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Regulation of Mass Media (Defamation (Libel (It's a written form that…
Regulation of Mass Media
Prior Restraints
- Censoring prior to the publication like the press (newspaper, radio) Basically, Restraining the publication from publishing
- For example, the government may refuse to grant a permit or license to a group that seeks to engage in free expression.
Defamation
- damaging someone’s reputation by telling fake rumours & only works if it’s untrue.
There are different types of defamation: Libel, slander, libel per se, and libel per quod.
Libel
- It's a written form that injures a person’s reputation such as magazine. Anyone could be a target and victims can usually lose income, contract, or potential in the future. More penalties & harmful due to the fact that it can be proven easily.
Example: In 2007, Daily mail claimed that Kiera Knightsley had an eating disorder and blamed her on a girl's death (the deceased was anorexic). She won in court & Daily mail had to pay her $6,000
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Slander
- Spoken communication like speech or news broadcast. (Verbally) It may not be as severe libel in terms of the punishment.
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In Malaysia, It would often be 'Makcik Bawang' who slanders a person.
Libel per se
- Some words are always libellous = falsely accuse someone using terms that are full of hate like "racists", "murderer", "prostitute" (Statements)
example: Laskey vs ABC, a case where ABC reported that Luella Mundel, a college professor in Virginia, was a "communist."
Libel per quod
In certain circumstances, it depends on the context. If the context is due to harm a person and ruined someones reputation then it's considered as libel per quod.
Example: if there's a photograph of someone walking out of an adultery store, it may not be libellous but if its someone whose a kindergarten teacher, his reputation has already been damaged especially when he's already been accused of something that's not true.
Protecting News Sources
- If confidential information are exposed, no one would come forward. Hence this effects the publics rights for information.
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