(Re)embracing social responsibility theory as a basis for free speech: shifting the normative paradigm for a modern media

This article advances the argument that a normative and philosophical framework for media speech, based on social responsibility theory and the argument from democratic self-governance, is more suitable for the modern media than libertarianism. Further, it justifies a coercive regulatory regime that also preserves media freedom

National security and the fourth estate in a brave new social media world

For those working within security services, or operating as part of the media, whether that be as traditional journalist or broadcaster, or a blogger utilising social media, the myriad of laws and jurisprudence relating to how issues of national security, or terrorist activity, can be reported and disseminated, means navigating this area is both complex and challenging. This chapter aims to provide a road map to help to overcome some of these obstacles. It begins by considering the democratic function of the media, by virtue of its role as the ‘Fourth Estate’. In doing so, it takes a multi-jurisdictional perspective, through recourse to a variety of international laws and jurisprudence. This acts as the foundation for the following sections, which provide analysis of the domestic and international legal principles and framework that the media are subject to, and operates within, when reporting on terrorist activity. Finally, the chapter considers how the print and broadcast media has reported terrorist activity in the past, and some of the problems that this has created. It concludes by analysing the changing media landscape, including the reasons for the demise of the traditional Fourth Estate, and the emergence, and ascendance, of citizen journalism, and an internet-based ‘Fifth Estate’

The Defamation Act 2013: We need to talk about Corporate Reputation

This article, firstly, contextualises corporate reputation as a valuable commercial asset; secondly, it considers whether, as the law stood before the Defamation Act 2013, there was an inequality of arms; thirdly, it analyses what the requirement of serious harm and the qualification of serious financial loss may mean in practice for corporate claimants, and the right to reputation. Specifically, through the lens of Tesla Motors Ltd v BBC, this article considers potential causation issues that corporate claimants may encounter when attempting to establish actual or likely serious harm arising from actual or likely serious financial loss and, consequently, questions whether this may result in an increase in applications by defendants for statements of case to be struck out in accordance with CPR 3.4, and for summary judgment pursuant to CPR 24

Ante-Autobiography and the Archive of Childhood

This essay examines the concept of children’s autobiography via several autobiographical extracts written by the author as a child. Although only a small proportion of people will compose and publish a full-length autobiography, almost everyone will, inadvertently, produce an archive of the self, made from public records and private documents. Here, such works are seen as providing access to writing both about and by children. The essay explores the ethics and poetics of children’s writing via the key debates in life writing; in particular, the dynamic relationship between adults and children, both as distinct stages of life and dual parts of one autobiographical identity. The term “ante-autobiography” is coined to refer to these texts which come before or instead of a full-length narrative. They are not read as less than or inadequate versions of autobiography, but rather as transgressive and challenging to chronological notions of the genre

Drugs in sport

This article addresses the controversial issue of the use of performance enhancing drugs in sport. It looks at the legal basis for regulation via the World Anti-Doping Code and the nature of a sports participant's relationship with their governing body and the anti-doping organisations. It explains in the context of proportionality, the measures designed to combat doping in sport and the importance to the Code of the central principle of strict liability. It also, highlights the use of non-analytical positives as a further method of detection of doping violations, whilst taking consideration of the impact of these measures on the human rights of participants

Anonymity and Pseudonymity:Free Speech's Problem Children

Through comparative analysis of United States, English, German and European Court of Human Rights jurisprudence, this article considers the viability of relying exclusively on either speaker or audience interests to underpin a free speech right within the context of anonymous and pseudonymous social media and online speech. It argues that this approach, which has hitherto been applied in these jurisdictions, can lead to a ‘double-edged sword’: on the one side, pursuant to audience interests, people may be dissuaded from participating in the exchange of information and ideas, because their anonymity or pseudonymity is not protected; on the other side, a constitutionally protected right to free speech based entirely on speaker interests could inadvertently protect unwanted and damaging speech

A seismic shift? An evaluation of the impact of new media on perceptions of freedom of expression and privacy

New media platforms have changed the media landscape forever, as they have altered our perceptions of the limits of communication, and reception of information. Platforms such as Facebook, Twitter and WhatsApp enable individuals to circumvent the traditional mass media, converging audience and producer to create millions of ‘citizen journalists’. This new breed of journalist uses these platforms as a way of, not only receiving news, but of instantaneously, and often spontaneously, expressing opinions and venting and sharing emotions, thoughts and feelings. They are liberated from cultural and physical restraints, such as time, space and location, and they are not constrained by factors that impact upon the traditional media, such as editorial control, owner or political bias or the pressures of generating commercial revenue. A consequence of the way in which these platforms have become ingrained within our social culture is that habits, conventions and social norms, that were once informal and transitory manifestations of social life, are now infused within their use. What were casual and ephemeral actions and/or acts of expression, such as conversing with friends or colleagues or swapping/displaying pictures, or exchanging thoughts that were once kept private, or maybe shared with a select few, have now become formalised and potentially permanent, on view for the world to see. Incidentally, ‘traditional’ journalists and media outlets are also utilising new media, as it allows them to react, and disseminate news, instantaneously, within a hyper-competitive marketplace. However, in a world where we are saturated, not only by citizen journalists, but by traditional media outlets, offering access to news and opinion twenty-four hours a day, via multiple new media platforms, there is increased pressure to ‘break’ news fast and first. This paper will argue that new media, and the culture and environment it has created, for citizen journalists, traditional journalists and the media generally, has altered our perceptions of the limits and boundaries of freedom of expression dramatically, and that the corollary to this seismic shift is the impact on the notion of privacy and private life. Consequently, this paper will examine what a reasonable expectation of privacy may now mean, in a new media world