Video Production and the law

The electronic media is governed by the Australian Broadcasting Services Act, 1992 which mandates the licensing of both television and radio broadcasters. So if they behave in a manner that is against the law, their license can be taken away.

There are four serious ones that you need to remember because anyone, not just the press, can be sued for defamation. This includes student video producers publishing their assessment on their university website!

Defamation - slander

·       A person can sue if they believe their reputation has been injured by a publication (including online and social media);

·       They must show that it was untrue, caused them actual monetary loss, or was done in malice:

·       Injury to reputation can be evidenced by: exposing a person to hatred, contempt or ridicule; or lowering a person's estimation in the eyes of right minded observers; or making others shun or avoid a person.

Information at Court

·       Court proceedings are usually open to the press and public and the press is entitled to publish reports of court proceedings and public documents.

·       The exceptions are in some cases involving family law matters and all matters where children are defendants.

·       Courts can also issue Suppression orders prohibiting the publication of evidence.  This stops publication of material which risks prejudicing a fair trial or breaches a court order.

·       You can be found in Contempt of Court if you:

·       Publish information with the intent to interfere with the course of justice (Sub judice contempts);

·       Publish information that interferes with the administration of justice;

·       Breach an undertaking to a court or disobey a court order or;

·       Improper behaviour in court

Discrimination

·       The Racial Discrimination Act makes discrimination on the grounds of race, colour, descent and national or ethnic origin unlawful.

·       The Racial Hatred Act allows people to complain about racially offensive or abusive behaviour.

·       The Racial Hatred Act provides exceptions for fair and accurate reports on matters of public interest.

Confidential Sources of Information

There is no automatic right to privacy enshrined within the law in Australia- it is covered by a number of different acts. There are a number of laws that protect people’s

Journalists have no right under the law to keep sources of information confidential if the court asks them to reveal them.

The Whistleblowers Act protects the source of information – but only if they go through the organisation they are blowing the whistle on!

On and off the record is not enshrined in law – you need to let a source of information know what your understanding of on and off the record are!