College of Canberra
Ella Egotistical is an understudy at the University of Canberra and has been striving for a long time to score a gig as a columnist with the worldwide magazine Trail-Blazer. Trail-Blazer is an online tourism publication focused on explicitly at the well off English gentry. The site is facilitated in London, however it has an office in Sydney with a few columnists and an editorial manager, Larry Looselips. It is accessible on a membership premise, and as of now has around 10,000 Australian endorsers. As the membership charges are insufficient to continue the Australian part of the magazine, it additionally gets a financing gift from the Commonwealth Department of Tourist Attracting.
While Ella has never voyage top notch, stayed in a five-star hotel or even been to England beforehand, she figured she could pass on another perspective to the magazine. In the midst of the most recent enlistment round, Ella was short-recorded for a gathering. She took off to Sydney, and when she connected at the corridor she was asked by the secretary, Bettie Blabber, to take arrange. Bettie exhorted Ella on her way back to her work territory:
I think Larry is on the phone, and he might be a while. The poor thing – he just found he has terminal danger, so I think he is chatting with his contact at the Department of Tourist Attracting about his movement plan for the magazine. He has a gathering with his expert not long from now. Do whatever it takes not to tell anyone clearly!
Ella was very sure about her execution at the gathering with Larry, and envisioned that her straight Distinction academic transcript was sure to amazement. She was convinced that this time she would be productive. She even posted a message on the Law of Communication Moodle trade gathering giving the other 200 understudies get to the unit understand that she had a gathering that week with the editor and would stop school to move to the tremendous smoke of Sydney to work at the magazine. Most of the understudies drew closer to Trail-Blazer through the library’s online database, and were amazingly awed that Ella would work for such an eminent magazine.
Two weeks after the gathering, Larry called Ella to uncover to her that she was not powerful. Larry said that Ella fundamentally did not have enough association. Ella knew Larry was submitting a noteworthy blunder and was not shy in telling him, saying:
You know Larry, I’m thinking about news inclusion and I’ve been to in excess of 20 countries. No ifs ands or buts, I may have voyage steers class and stayed in back-packer hotels, anyway I perceive what the rich need. I’m as splendid as some other journalist out there are you’re just too doltish to even consider evening consider acknowledging it! Goodness, and by chance, my dad is a judge and if you anytime go before him he’ll denounce you!
Larry was entranced at Ella’s steadiness. He thought about a segment of his nieces and nephews and contemplated whether it was a generational thing. He expected to lock in for everyone one of his occupations in the media business, and now it gives the idea that anyone with a web affiliation and a twitter account is thinking about themselves a ‘blogger’ and holding themselves out as having a type of intensity. Larry figured it would make a mind boggling piece for Trail-Blazer. Frankly, he was so excited about the subject, he created an article that night and it was appropriated in the next day’s online discharge of Trail-Blazer. The article began with the going with:
Law of Communication understudy guesses she realizes adventure out in light of the way that she’s been to Bali
Just two weeks back I had the joy of talking a young lady from Canberra who endeavored to uncover to me that she was a pro on five star travel, paying little heed to not having any experience voyaging five-star. It shocks me the sentiment of capability young white Australians have these days. Especially this one, who got straight goes in each and every piece of her subjects. She didn’t strike me like the most sharp instrument in the shed, and was very terrible at forming. She even endeavored to trade off me with her dad – I bet the Hon John Egotistical of the ACT Supreme Court is also as narcissistic and savage as his daughter, and likely likewise tendency in his points of view!
That night, Ella perused her email record and saw a caution for another article from Trail-Blazer. She got to the article through the library’s database and was horrified at what she read. She searched for retaliation, starting with the defective association between the Commonwealth Department of Tourist Attracting and Trail-Blazer. She introduced the going with chance of information request to the Department:
I request all records containing references to Larry Looselips, especially those that will embarrass Trail-Blazer and the Minister for Tourist Attracting, because I will make an article to chop the whole strategy down.
Meanwhile, she tweets:
Larry beyond any doubt has a major mouth for somebody who’s going to push up daisies. At the point when is he going to enlighten his steadfast adherents concerning his meeting with his specialist?
Law of Communication Assignment Questions:
Part 1 – Problem questions
- Has Larry defamed Ella in his online article ‘Law of Communication student thinks she knows travel because she’s been to Bali’ and are any defences available to him? In your answer, discuss any jurisdictional issues that arise in relation to Trail-Blazer.
- Has Larry committed scandalising contempt by publishing his article? In your answer, briefly discuss the defences that might be available and what the consequences for Larry might be.
- Advise whether you think the Department of Tourist Attracting should disclose under the Freedom of Information Act 1982 (Cth) the record of conversation between Larry and his contact at the Department regarding his succession plan. In your answer, refer to the application of section 47F and the relevance of Ella’s motives for requesting the information.
Part 2 – Essay Question
4. How do you think Larry’s right to privacy can be balanced with Ella’s right to freedom of expression in this context, and vice versa? Do such rights exist under Australian law? Should they exist?
Part 3 – Multiple choice questions
5. Which of the following entities referred to in the facts is not bound by the Privacy Act 1988 (Cth)? (select one)
- The Commonwealth Department of Tourist Attracting.
- The Minister for Tourist Attracting.
- Larry’s oncologist (ie his doctor).
6. Which of the following statements is correct when considering whether Larry’s statement regarding ‘young white Australians’ is unlawful under section 18C(1) of the Racial Discrimination Act 1975 (Cth)? (select one)
- The act was a public act because it was made on an online forum.
- The act was not a public act because it was limited to those who had a subscription.
- Section 18C(1) imposes a subjective test, so it is necessary to prove that at least one person was offended, insulted, humiliated or intimidated.
- It does not matter who the comment is made about for the purposes of section 18C(1) because dominant majorities are as easily vilified as traditionally oppressed monitories.
7. Applying the common law test of confidentiality in relation to Bettie’s comments to Ella regarding Larry’s health, which of the following statements is not correct? (select one)
- It is likely that Larry’s health information would have the necessary quality of confidence about it.
- It is immaterial in determining breach of confidentiality whether Bettie intended to cause Larry detriment.
- Larry must prove that someone actually disclosed his confidential information in order to bring an action in court.
- Disclosure of confidential information would be permitted if Bettie could establish that disclosure was in the public interest.
8. If Ella were a journalist, which of the following statements is correct in relation to the disclosure of sources? (select one)
- If a court ordered Ella to disclose her source for Larry’s health information, she would not be compelled to reveal Bettie’s name if it was contrary to her industry code of ethics.
- Under the common law, there is no specific protection for the protection of journalists’ sources.
- There are legislative protections which protect journalists’ sources absolutely, regardless of whether the court orders the source to be disclosed.
- The ‘Newspaper Rule’ has the effect of protecting sources throughout the entire course of legal proceedings.
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