scholarly journals Journalists’ confidential sources: Reform lessons from recent Australian shield law cases

2014 ◽  
Vol 20 (1) ◽  
pp. 117 ◽  
Author(s):  
Joseph Fernandez
Keyword(s):  
Common Sense ◽  
Attorney General ◽  
Federal Level ◽  
Shield Law ◽  
Statutory Protection ◽  
Explanatory Memorandum ◽  
Commonwealth Government ◽  
The Media ◽  
Court Proceedings ◽  
Confidential Sources

That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confiden­tiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protec­tion for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journal­ists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.

scholarly journals Shield laws in Australia: Legal and ethical implications for journalists and their confidential sources

2015 ◽  
Vol 21 (1) ◽  
pp. 61 ◽  
Author(s):  
Joseph Fernandez ◽  
Mark Pearson
Keyword(s):  
South Australia ◽  
Future Research ◽  
Court Cases ◽  
Research Directions ◽  
Ethical Implications ◽  
Shield Law ◽  
Statutory Protection ◽  
The Media ◽  
Future Research Directions ◽  
Confidential Sources

This article examines whether Australia’s current shield law regime meets journalists’ expectations and whistleblower needs in an era of unprecedented official surveillance capabilities. According to the peak journalists’ organisation, the Media, Entertainment and Arts Alliance (MEAA), two recent Australian court cases ‘despite their welcome outcome for our members, clearly demonstrate Australia’s patchy and disparate journalist shields fail to do their job’ (MEAA, 2014a). Journalists’ recent court experiences exposed particular shield law inadequacies, including curious omissions or ambiguities in legislative drafting (Fernandez, 2014c, p. 131); the ‘unusual difficulty’ that a case may present (Hancock Prospecting No 2, 2014, para 7); the absence of definitive statutory protection in three jurisdictions—Queensland, South Australia and the Northern Territory (Fernandez, 2014b, p. 26); and the absence of uniform shield laws where such law is available (Fernandez, 2014b, pp. 26-28). This article examines the following key findings of a national survey of practising journalists: (a) participants’ general profile; (b) familiarity with shield laws; (c) perceptions of shield law effectiveness and coverage; (d) perceptions of story outcomes when relying on confidential sources; and (e) concerns about official surveillance and enforcement. The conclusion briefly considers the significance and limitations of this research; future research directions; some reform and training directions; and notes that the considerable efforts to secure shield laws in Australia might be jeopardised without better training of journalists about the laws themselves and how surveillance technologies and powers might compromise source confidentiality.

Managing Failures

2030 ◽  
2010 ◽  
Author(s):  
Rutger van Santen ◽  
Djan Khoe ◽  
Bram Vermeer
Keyword(s):  
United States ◽  
Common Sense ◽  
Power Supply ◽  
Communication Systems ◽  
The United States ◽  
Payment Systems ◽  
Software Failure ◽  
The World ◽  
The Media ◽  
High Doses

Computers are the engines that drive our society. We get paid via computer, and we use them to vote in elections; computers decide whether to deploy the airbags in our car; and doctors use them to help identify a patient’s injuries. Computers are embedded in all sorts of processes nowadays, and that can make us vulnerable. Because of a single computer glitch, large payment systems can grind to a halt. When computers malfunction, we risk losing our power supply, our railway links, and our communications. Worst of all, we habitually shift responsibility to computers and blindly follow their advice. This is why patients occasionally receive ridiculously high doses of a powerful drug or a car driver who blindly follows his satnav may end up in a ditch. Ubiquitous computer use can cause otherwise responsible people to leave their common sense at home. We’re all too familiar with poorly designed software, computer errors, or—worse still—programs that flatly refuse to function properly no matter what we do. It is hardly surprising then that computer failures cost the world hundreds of billions of dollars a year. In the United States alone, failed computer projects are believed to waste $55 billion annually. And the media only report the tip of the iceberg— the foul-ups that cost millions or result in fatalities. For instance, in the 1980s, several cancer patients were killed by a programming error that caused the Therac 25 radiotherapy unit to deliver excessive doses of radiation. In 1996, Europe’s first Ariane 5 rocket had to be blown up a mere 37 seconds after launch in what might be the costliest software failure in history. In 2007, six F-22 aircraft experienced multiple computer crashes as they crossed the date line, disabling all navigation and communication systems. The list can be extended endlessly, and there are many more failures that we never hear about. Only about a third of all computer projects can be described as successful, and even these are hardly error-free. Why can’t we prevent programming mistakes? Could we improve computers and their software to protect society from the “moods”’ of its digital machines?

The data on children’s media use: An interview with Michael Robb

2018 ◽  
Vol 99 (6) ◽  
pp. 20-26
Author(s):  
Rafael Heller
Keyword(s):  
Young Children ◽  
Common Sense ◽  
Media Use ◽  
News Coverage ◽  
Growing Up ◽  
Children's Media ◽  
Interview Research ◽  
The Media ◽  
Media Habits ◽  
Research Director

Since 2003, nonprofit organization Common Sense Media has studied the ways in which kids are growing up in the digital age. In this interview, research director Michael Robb shares recent findings about the media habits of young children, tweens, and teens. While the news coverage of these issues tends to be hyperbolic and alarming, Robb explains, the evidence gives a more balanced picture of kids’ lives today.

O Atendimento Socioeducativo à Luz da Educação Social e da Socioeducação

2018 ◽  
pp. 30
Author(s):  
William Vinicius Pinto
Keyword(s):  
Public Policy ◽  
Social Context ◽  
Young People ◽  
Common Sense ◽  
Social Knowledge ◽  
Guarantee System ◽  
Or Practice ◽  
Politica Publica ◽  
The Media ◽  
Social Vulnerabilities

Este estudo é um compilado de informações, que possibilitam ao leitor ter uma breve compreensão do Sistema de Garantia de Direitos, dando destaque ao atendimento prestado aos adolescentes e ou jovens, que foram expostos a riscos ou vulnerabilidades sociais, especificamente, os casos em que esses se encontram envolvidos com o meio ilícito ou prática de ato infracional. Desta forma, pesquisar sobre o referido tema que é de conhecimento social, sem dúvida alguma, gera diversos avanços para o meio acadêmico, bem como promove a disseminação de conhecimento, corroborando assim com a desmistificação que percorre pelo senso comum, quando o assunto é adolescente em conflito com a lei. Concernente ao método, foi utilizada a revisão bibliográfica integrativa, por meio da análise e compilação dos artigos publicizados nas bases de dados indexadoras, especificamente, Lilacs, PePSIC, BVS, Medline Bireme e Scielo, facilitando a obtenção de dados que após analisados, certamente, podem servir de ferramenta para que os leitores entrem em contato com esse contexto social, que tanto tem sido destaque na mídia, além de contribuir para o aprimoramento do atendimento e da política pública designada para tal segmento.Palavras-chave: Ato Infracional. Adolescência. Sistema de Garantia de Direitos. Políticas Públicas. Medida Socioeducativa.AbstractThis present study is compiled from information that enables the reader to have a brief understanding of the Rights Guarantee System, highlighting the care provided to adolescents and, or young people who were exposed to risks, or social vulnerabilities, specifically, cases that are involved with illicit means and, or practice of an infraction. Thus, research on that topic that is of social knowledge undoubtedly generates several advances to the academia and promotes the knowledge disseminatio, thus corroborating to the demystification that runs by common sense when it comes to adolescent offender. Concerning the method, the integrative literature review was used, through the analysis and compilation of the publicized articles in indexing databases, making it easier to obtain data after analysis which can certainly serve as a tool for readers to contact this social context that both have been featured in the media, as well as contribute to the improvement of care and public policy assigned to this segment.Keywords: Infraction. Teenager. Rights Guarantee System. Public Policy. Socioeducative Measure.

scholarly journals Examining the Media Portrayal of Obesity Through the Lens of the Common Sense Model of Illness Representations

2014 ◽  
Vol 30 (5) ◽  
pp. 430-440 ◽  
Author(s):  
Aoife De Brún ◽  
Mary McCarthy ◽  
Kenneth McKenzie ◽  
Aileen McGloin
Keyword(s):  
Common Sense ◽  
Illness Representations ◽  
Common Sense Model ◽  
Media Portrayal ◽  
The Media ◽  
The Common ◽  
Sense Model

Pretrial publicity: The media, the law, and common sense.

1997 ◽  
Vol 3 (2-3) ◽  
pp. 428-460 ◽  
Author(s):  
Christina A. Studebaker ◽  
Steven D. Penrod
Keyword(s):  
Common Sense ◽  
Pretrial Publicity ◽  
The Media ◽  
The Law

scholarly journals PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Muchlis
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Attorney General ◽  
Legal Basis ◽  
Legal Certainty ◽  
Small Loss ◽  
Circular Letter ◽  
Law Enforcement Officials ◽  
The Law ◽  
Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

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