What is breach of confidence?
3 points to determine breach of confidence
- info must have quality of confidence
-circumstances in which the confidence was imparted must given rise to an obligation of confidentiality
-the recipient must disclose the info to use it to the detriment of someone entitled to prevent it
What is defamation?
Defamation is the damaging of a person's reputation
What are some regulatory mechanisms in Media law?
APC- australian press council
MEAA- Media, Entertainment and Arts Alliance
ACMA- Australian communications and media authority
What are the three elements to Indentify Defamation?
2- The publication must withhold defamatory imputations
What is 'publication' defined as?
Publication is simply the communication of information to a third party, which is someone other than the person who created the imputation and the person the imputation was about
What are the defences against defamation?
- substantial or contextual truth
-Honest Opinion/Fair comment
-Common law defence of Qualified privilege
-Statutory qualified Privilege
-Extended Qualified Privilege (lange privilege)
What is the contextual truth?
-a defence which applies if more than one defamatory imputation arises from the one publication
- can be used if the defamatory imputations do not further harm the plaintiffs reputation due to the substantial truth of the contextual imputations
What is Honest opinion/fair comment as a defence?
defence is applicable if it can be proven that
-the opinion was held hinestly at the time of publication
-it was not born out of malice or ill will
-the comments were of public interest
-the material was based off material substantially true
What is Absolute Privilege?
Offers complete defence to defamation action to anyone speaking during court or parlimentary proceedings, to documents tables there and to publications made under the order of such authority or body
What is the common law defence of qualified privilege?
- protects people who are legally and morally obliged to give defamatory information to others, even if they cannot prove the truth of the material
-defence rarely available to mass media
What is statutory qualified privilege?
Publisher will be protected from defamation if it can be proved
-there is public interest
-The matter published to the recipient in the course of giving to the recipient information on the subject
-the conduct of the defendant in publishing that matter is reasonable in the circumstances
What is Extended Qualified Privilege?
-Only applies to mass media publications
-related to matters of politics and government
What is Confidentiality?
- keeping your sources confidential when asked by a court or parliament to reveal the can be punished
What classifies as confidential information?
-an obligation of coincidence: written, verbal, expressed or implied contract
-government info about it's workings, national security, foreign affairs and info that could prejudice the ordinary info of government: NOT OVERRIDDEN BY PUBLIC INTEREST
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