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Media Law Flashcards

1
Q

Reporters receive qualified privilege as long as their story is?

A

facts, accurate and balanced, relevant and within the meeting

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2
Q

list 3 places where we receive qualified privilege

A

Parliament, courts, meetings

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3
Q

What is defamation?

A

defamation is there to protect peoples reputation and we can diminish that by reporting defamatory statements

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4
Q

5 defences of defamation

A
  1. Truth - photos, notes
  2. Qualified privilege - has to be accurate and fair.
  3. Honest opinion - if you saw something or your opinion
  4. Responsible communication, public interest
  5. Neutral reportage,
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5
Q

Can you pass a tress passing sign to request an interview?

A

Yes (public intrest) , but if they decline you must leave straight away

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6
Q

When people are in public you can (privacy-related)

A

film, approach, photograph,

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7
Q

What four places are public?

A

Roads, squares, parks and beaches

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8
Q

What is half a public area? and why?

A

The mall is public until you get told to leave

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9
Q

4 factors of public interest

A
  1. Criminal matters
  2. public health or safety
  3. politics or government
  4. organisations that impact public
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10
Q

Can you film from the street into someone’s house?

A

yes

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11
Q

What does prying mean?

A

invading someone’s privacy by drome/helicopter

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12
Q

Is it illegal to record someone’s conversation that you are not a party to?

A

Yes

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13
Q

The owner of the copyright is the only person who can…?

A

adjust or change it.

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14
Q

If you want to use a copyrighted piece what do you have to do?

A

ask/buy it

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15
Q

Can you use other News sources videos?

A

yes, up to a certain degree - fair dealing, need to give credit. no law on words/per cent/seconds just ask.

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16
Q

Can you use other peoples photos?

A

No, unless asked and credited

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17
Q

How long does copyright last?

A

50 years from the death of the author

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18
Q

how long does broadcast copyright last?

A

50 years from the time of the broadcast

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19
Q

What are the 5 standards of the BSA

A 
1, good taste and decency
2, balance, points from either side 
3, accuracy (news) 
4, privacy (of individuals) 
5, fairness - be fair with everyone you involve and don't ruin their reputation and no bias
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20
Q

If dissatisfied with a programme what can you do?

A

First, go to the broadcaster, they have 20 working days to respond and if you are dissatisfied with the response you can then Complain to the BSA and they will review also within 20 working days - still not happy? take it to the ombudsman

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21
Q

Privacy case Dr Fahey.

A

Privacy Breach. Dr Fahey was a well-known doctor and involved in local government (therefore a public figure) he sexually assaulted women and a conversation of him being confronted and admitting it got published on TV. He tried to claim it as a breach of privacy but she was partied to the conversation and it was at an appointment so a public area/one of there houses so she didn’t trespass. it was also passed as the public interest. - he was then jailed 6 years imprisonment.

22
Q

Winston Peters Case privacy and defamation case

A

Defamation and Privacy Breach. Peters overpayment of superannuation was overpaid by the government and he works for the government and the amount got leaked and he said his privacy got breached - claiming it was a deliberate attack on his reputation, but it wasn’t a breach of privacy from journalists they just got a lead. - was also defamatory but it was true… defendants weren’t discovered so couldn’t make a claim. Peters was ordered to pay $315,000 - defence, public interest and truth.

23
Q

Defamation case defended by truth - media lost.

A

Mary McRae broke her leg early hours of the morning by getting ready, Sunday Star said she slipt on ice after having a drink and it ruined her reputation. sued for Defimation, $100,000 medias defence was honest opinion but they didn’t make it clear enough

24
Q

Hosking Privacy breach?

A

Privacy Breach. his Twins were out in public therefor you can take photos and his twins also got published and hosting said it was a privacy breach. but it wasn’t.

25
what is the Offical information act used for?
(Ministers and central government) This allows you to access information to help you write a story. need to know exactly what you want and they can give it to you and they have 20 working days to provide you with all the information.
26
LGOIMA? who is it and what do they do?
Is the Local government official information act which covers Council, DHB, Community boards and ECan. can also get information from here if you request it and again have 20days to get back to you, if not site the OIA.
27
What is the sentencing ladder?
Fines, Community service, supervision, intense supervision, community detention, home detention, jail.
28
Five factors for the qualified privilege?
1. fair 2. accurate 3. balance, make attempt to contact the other side of the argument 4. relevant - public intrest 5. within the meeting
29
Hard Qualified privilege?
Parliament, court and (MPs and lawyer)
30
Soft qualified privilege?
reporters
31
Is Facebook a public place? can you take photos?
It's private, can ask for the photo.
32
Is the OIA covered by qualified privilege?
no, unless it is said in meetings (by mps and lawyers ect)
33
With the clean slate act, how long does it get wiped
7 years
34
Media Council?
a private company, self-regulatory body, volunteer to be apart of it - cant charge - optional if you want to be apart of it. forgo your right to sue.
35
BSA?
Government-owned, statutory body and everyone has to abide by it. Can take off the air and fine up to $5000 but goes up if you don't respond/pay
36
5 types of breaches for privacy
1. Prying 2. Public facts which have become private 3. private facts - must not disclose name or address 4. publishing offensive material 5. disclosure is objectionable rather than the content.
37
A defamatory statement has to...?
refer to a plaintiff or group and the defamatory matter must be communicated to a third person.
38
For the defence of truth for a defamatory statement, how much do you have to prove it's true?
more than a 50% chance you are right as opposed to the other party.
39
Defamation Case defended by qualified privilege?
A tavern was known to have lots of fights and "not well run" after the police got involved and told the media it was x pub and the media published it and it was the wrong pub. The company complained after people stopped coming and said it defamed their business The press defended the allegation of defamation with qualified privilege as there report is accurate, balanced and fair. They won as it was the police who said the wrong pub so therefore the press told the truth.
40
Who may be defamed?
Individuals, corporations and councils
41
3 examples of requests through OIA?
central government ministers, police, Board of trustees
42
3 Examples for LGOMIA?
Doc, DHB, Ecan
43
2 exemptions to be able to use copyright products.
to use for a current affairs show , fair dealing
44
absolute privilege is monitored by...?
1, the speaker will curb anyone who abuses the privilege | 2, correction is written to the parliament record
45
What is the difference between softer privilege and absolute privilege?
it's set out in the schedule to in the defamation act and part 1 confirms stronger qualified privilege and to be covered by this you need to be fair, accurate, balanced and in the meeting and two covers 18 regulatory body and it needs to be in the public interest and the person that is defamed can request a written statement.
46
Defamation case defended with an honest opinion
Bob Jones has a knighthood and wrote that we should remove Waitangi day and change it to a gratitude day for Maoris and they should serve us breakfast, a film director, Renae Maihi started a petition for him to get his knighthood removed calling him a racist. Jones said this was defamatory towards him and Maihi said it was her honest opinion and just had to take down the petition and it was resolved.
47
Definition of Qualified privilege
Qualified privilege is the concept that allows us to report what would otherwise be deemed as defamatory must be fair accurate and balanced, relevant and withing a meeting, court or parliament.
48
Why would the OIA not give you information
commercial sensitivity, danger, prejudice something
49
Definition of Defamation
A false statement to the persons discredit. an untrue statement that changes the thinking of a right-minded person that cause the defamed person to be hated, ridiculed or contempt avoided and their reputation to be lowered.
50
Two defences of privacy breach
prove public interest, and proof that you have tried to hide their identity (pixelation)
51
3 examples of defamation
1, publishing prior criminal records 2, imposing incorrect statements, theft 3, causing people to avoid them

Law (3 decks)

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