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Who is a Journalist?: Changing legal definitions in a de-territorialised media space

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The emergence of blogging and citizen journalism has created challenges in defining the once-simple terms of “journalist” and “news media”. Internationally, courts, legislators and policy makers are developing new definitions that incorporate a broader understanding of journalism practice, as territories blur and shift across digital spaces. However, a lack of consensus has resulted in jurisdictional clashes, challenges to legislative amendments, appeals to higher courts, and confusion for regulators and practitioners alike. In Australia, recently legislated shield laws have resulted in different definitions across the country’s various jurisdictions. In the United States, court cases relating to defamation and shield laws have been successfully appealed based on differing definitions of the role of a journalist. In New Zealand, a High Court judgement overturned a lower court decision, to find that a blogger could be viewed as a journalist. At the same time, courts internationally are developing policies and guidelines relating to live text-based communication from courts, which also requires them to determine who is permitted to text, tweet or blog from within courtroom. This paper examines how these courts, legislators and policy makers are grappling with the challenges of redefining “journalist” and “news media” while ultimately focusing on the objective of ensuring a free and democratic flow of information.

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Now in a fully updated second edition The Routledge Companion to Critical and Cultural Theory is an indispensible guide for anyone approaching the field for the first time. Exploring ideas from a diverse range of disciplines through a series of 11 critical essays and a dictionary of key names and terms, this book examines some of the most complex and fundamental theories in modern scholarship including: •Marxism •Trauma Theory •Ecocriticism •Psychoanalysis •Feminism •Posthumanism •Gender and Queer Theory •Structuralism •Narrative •Postcolonialism •Deconstruction •Postmodernism With three new essays, an updated introduction, further reading and a wealth of new dictionary entries, this text is an indispensible guide for all students of the theoretically informed arts, humanities and social sciences. **** I am afraid that I don't have a full text of this book that I can share. There appear to be fairly extensive extracts online that come up if you put the title into your favourite search engine.
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Australian courts in five States recently changed their rules to permit journalists reporting on court proceedings to use electronic devices to send text-based transmissions from court. These changes reflect an international trend to allow journalists and, in some cases, members of the public, to use live text-based communication in the courtroom. This development has clear benefits in terms of promoting open justice and timely reporting of court proceedings, in an era when mobile computing technologies have become essential tools for news reporting. However, it also poses risks to the administration of justice, including the potential for an increased risk of breaches of court orders in relation to publication. This article analyses the approach taken by the courts in Australia and overseas in developing policies that attempt to manage these risks.
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This article takes its point of departure in the thesis that today’s global, digitalized and convergent media environment has promoted new patterns of information gathering and dissemination within journalism, and war journalism in particular, which involve changing forms and various degrees of interplay between elite and non-elite sources as well as media professionals and amateur sources. On account of their proximity to unfolding events, amateur sources often break the news by means of raw and fragmented bits of visual and verbal information. Elite sources rarely possess the same exclusive access to information from war zones, but are instead brought in to comment on, validate and grant legitimacy to amateur sources as a form of explicit source criticism that we would like to term metasourcing. This new pattern of information gathering and sourcing within war reporting manifests itself most clearly in cases of major international news events, which render visible the multitude of sources and the speed of information production and distribution. A recent example is the capture and subsequent death of Muammar Gaddafi in October 2011. Based on quantitative and qualitative analyses of the sources included by selected newspapers to report on this event, the current article investigates the following research questions: Which types of sources are brought into play in the news coverage of Gaddafi’s death, and which forms of interplay between sources in today’s globalized and convergent media landscape are indicated by this case?
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Thanks to advances in mass communication technology, it is now easier and cheaper for all of us to share information with each other. This new ability allows us to act in ways that often seem “press-like.” We might, for example, tweet a warning to our friends about a traffic jam or blog about an upcoming election. Armed with nothing more than a smart phone or a laptop, each of us can share information about matters of public interest to a potentially broad audience in a timely manner — thus engaging in the very activities that were once considered the exclusive province of the press. Has modern technology, therefore, made us all “the press”?The First Amendment protects “the freedom … of the press.” Many thoughtful legal observers have debated what that text means, how it might function differently from the freedom of speech, and whether it is possible to develop enforceable standards. In a prior article, I made the case that defining “the press” was both necessary and achievable. This article elaborates on that work in significant ways. I begin with the premise of press exceptionalism — that there naturally exists a subset of speakers who fulfill a distinctive role in our democracy. This limited group of speakers shares common attributes, most notably a proven devotion of time, resources and expertise to the tasks of informing the public on newsworthy matters and serving as a check on power. The challenge is identifying the members of this group and distinguishing them from “occasional public commentators” who at times use their speech rights in similar ways. To be sure, it is no easy task to separate these two categories of speakers in the age of the Internet, blogging, smart phones and social media. Yet even as these technological advances blur the line between the press and everyone else, they also help to focus our analysis on the core constitutional characteristics that differentiate the press from other sorts of speakers. Such a purposive analysis points the way toward identifying the subgroup of communicators who, if empowered with rights beyond those granted by the Speech Clause, will most often and most effectively use those rights to benefit society as a whole. The goal of this article, therefore, is to offer a workable framework in our search for “the press” for First Amendment purposes in the Internet age.
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The failure to agree on a sufficiently narrow definition of "journalist" has stalled efforts to enact a federal shield law to legally protect reporter-source communications from compelled disclosure in federal court. The increasing use of the Internet in news coverage and the greater reliance by the public on the Internet as a news source creates further problems as to who should qualify for federal shield law protection. This iBrief argues that a functional definition of "journalist" can be created to shield journalists from compelled source disclosure so as to protect the free flow of information to the public, but limits must be set to prevent abuse of such protection.
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Commitments to truth and to "transparency," or public accountability, are two central normative aspects of professional journalism. This article considers ways in which both are challenged and complemented by popular communicators, particularly bloggers, in today's media environment. While all professions claim autonomy over articulation and enactment of their own norms, definitions of professional constructs are now open to reinterpretation, and oversight of professional behavior is increasingly shared.
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This article considers the neglected area of journal editorship in advancing a discipline and provides, albeit retrospectively, theoretical warrant for its modus operandi. Written from a specific personal, cultural, and geographic site, it charts the move of Australasian public relations writing from the periphery to the center through a series of editorial policies, principles, and practices.
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