Media law is a fast-developing area of scholarship that raises many high-profile and controversial questions. Recent issues include the use of privacy injunctions, the regulation of the press, the political power of media moguls, mass leaks of government information, and the responsibility of the digital media to prevent the spread of extreme content and fake news. This study looks at these issues and the key debates in media law. The book includes chapters examining the protection of personal rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, this study shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era. It is essential reading for students and scholars of media law alike.
1. Media Freedom
I. Introduction
II. Historical Background
III. The Protection of Media Freedom in UK Law
IV. Why Media Freedom is Different from Freedom of Expression
V. The Functions of the Media
VI. How is Media Freedom Protected?
VII. What is the Media?
VIII. Interferences with Media Freedom
IX. Conclusion
2. Personal Rights: Reputation and Privacy
I. Introduction
II. Defamation Law
III. Privacy
IV. The Public Interest
V. The Legal Protection of Personal Rights: Miscellaneous Provisions
VI. Remedies
VII. Conclusion
3. The Media and the System of Justice
I. Introduction
II. Contempt of Court
III. Open Justice
IV. Conclusion
4. Censorship, Obscenity and Secrecy
I. Introduction
II. Obscene, Indecent and Pornographic Content
III. Government Secrecy and National Security
IV. Terrorism
V. Conclusion
5. Newsgathering
I. Introduction
II. Protecting Journalists’ Sources
III. Journalists’ Material
IV. Surveillance of Newsgathering Processes
V. Freedom of Information
VI. A Public Interest Defence
VII. Conclusion
6. Media Regulation
I. Introduction
II. Regulating Content and Conduct
III. Media Ownership and Concentration
IV. Conclusion
7. The Digital Media
I. Introduction
II. Liability for Publications
III. User-generated Content
IV. Digital Intermediaries
V. Conclusion
8. Conclusion
I. The Changing Role of Public Opinion
II. Media Law, Information Flows and Informal Controls
III. The Methodology of Balancing in Media Law
IV. Media Effects
V. Media Power
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