Question 1 – 2 points
Where do the laws in Australia come from?
Present a succinct answer with reference to historical facts.
In 1788 when Australia was discovered, we adopted the British legal system from Sir Arthur Philip; that each state was a separate colony. In 1901 when the Commonwealth of Australia was founded we attained our own Constitution with federal levels of government and a High Court to be used for appeals from the Supreme Court and as an adjudicator of constitutional questions (Week 2 MLE Lecture Notes).
Referendums are “a vote of the Australian people on measures proposed or passed by the Australian Parliament” (Australian Electoral Commission, 2014). Any proposed change to the Australian Constitution must be put to a vote of all Australian voters in a referendum.
In relation to media, the laws come from the regulators, the industry bodies and the broadcasters. They are “independent statutory bodies given powers under federal government legislation” (Week 1 MLE Lecture Notes).
The Constitution gives the Commonwealth control over corporations and their trade, to regulate print media and foreign ownership of media. (Week 1 MLE Lecture Notes).
In October 2006, Australian Parliament passed legislation for new media laws, which subsequently commenced in 2007. They reformed the Broadcasting Services Act 1992, which regulates newspapers, subscription broadcasting and ownership amongst other things (Week 1 MLE Lecture Notes).
Australian Electoral Commission,. (2014). Referendums. Retrieved 7
May 2014, from http://www.aec.gov.au/Elections/referendums/
Media Law and Ethics. (2014). University of Western Sydney.
Question 2 – 10 points
400 words
A. What is defamation?
Defamation is a statement: spoken or written that tends to disparage a person’s reputation or display a person in a ridiculous light or make others shun or avoid him or her (Butler and Roddick, 2011, 2009; Armstrong et al, 1998)