1. ACC213 Media Law and Ethics
Ethics Codes

2. Media Regulation in Australia
Description
Different codes for different sections of the media in Australia
Australian Press Council, Free TV Australia, Commercial Radio Broadcasters Code, ABC, SBS
Drawbacks
MEAA code covers all who are members i.e. not Alan Jones or many TV presenters
Sanctions and punishments differ from code to code
PR & Journalism industry codes too weak & slow
“Guidelines” rather than rules

3. Background & Media Inquiries
Unlike other ‘professions’, such as lawyers and doctors, journalists, PR and media relations officers do not have to have a professional qualification or membership and cannot be ‘struck off’ or banned from working if they misbehave. 
However, perceived excesses by print journalists in the UK in employing private detectives to hack into the mobile phone voic of people in the news put the conduct of journalists under scrutiny around the world.  The UK inquiry by Lord Justice Leveson into phone hacking and other potential intrusions into privacy by journalists reported at the end of 2012.  You can read about the inquiry at:

4. Government Inquiry into Media
What the Finkelstein report recommended
The government should set up a new News Media Council which would take over the regulation of all the news media in print, broadcast and online
This Council should have binding powers to order news outlets to publish apologies, corrections, retractions and rights to reply
Report fed second inquiry --The Convergence Review
looked at the “the policy and regulatory frameworks that apply to the converged media and communications landscape in Australia”.  It made a final report in March

5. ACMA
Because broadcasters are licensed by  government they are subject to statutory authority in a way in which the print media is not. 
ACMA allows different parts of the broadcast industry to draw up its own code of conduct and then adjudicates on complaints when listeners and viewers feel these codes have been breached.
Link to all the broadcast codes and regulations
Use this for assignments!

6. ACMA Regulatory Framework
The Code covers the matters outlined in
s 123 of the
Broadcasting Services Act 1992 (Cth)
& other program content matters that are of clear concern to the community
There are SEPARATE TV and Radio Codes of Practice

7. HOW Free TV Commercial TV Code of Practice Works
Operates alongside:1.2.1
ACMA’s standards
regulate programs for children
Australian content of programs and advertisements
Free TV is the industry body. ACMA is the statutory regulator.
New/amended Code (2015) has to be registered with ACMA
ACMA checks that it complies with the legislative requirements under the Act, then authorises it.

8. What the Commercial TV Code of Practice covers (via ACMA)
NEWS AND CURRENT AFFAIRS SECTION 3
ON PAGES 8-10, THE SECTIONS GOVERNING ACCURACY AND FAIRNESS, MATERIAL WHICH MAY CAUSE DISTRESS, IMPARTIALITY, PRIVACY AND PROMOS ARE USEFUL FOR ASSIGNMENTS.
THIS DOCUMENT IS AVAILABLE IN THE STUDY GUIDE TOPIC 2 UNIT MATERIALS

9. What ACMA means by Demeaning:
A depiction or description, sexual in nature, which is a serious debasement of persons, or a group of persons, within a program.
Exploitative:
Clearly appearing to purposefully debase or abuse a person, or group of persons, for the enjoyment of others, and lacking moral, artistic or other values.

10. Proscribed Material 1. 9
A licensee may not broadcast a program, program promotion, station identification or
community service announcement which is likely, in all the circumstances, to:
1.9.1simulate news or events in such a way as to mislead or alarm viewers;
1.9.2 depict the actual process of putting a subject into a hypnotic state;
S3.2.1 ASSIGNMENTS
(D) exercise sensitivity in broadcasting images of or interviews with bereaved relatives or people who have witnessed or survived a traumatic incident; and 
e) have regard to the feelings of relatives and viewers when including images of dead bodies or people who are seriously wounded, taking into account the relevant public interest. 

11. Commercial TV Code of Conduct Classification
2.3.3
D) News Programs (including news flashes and news updates), Current Affairs Programs and Sports Programs and Program Promotions for news, Current Affairs or Sports Programs do not require classification and may be shown at any time, however a Licensee will exercise care in selecting material for broadcast,
having regard to:
a)the likely audience of the Program or Program Promotion; and
b)any identifiable public interest reason for presenting the Program or Program Promotion

12. Commercial Radio Code of Practice
Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012
Under the standard, two elements must be satisfied before an on-air disclosure announcement is required:
1.a commercial agreement exists; and
2.during a current affairs program, the licensee broadcasts prescribed material about the sponsor under that commercial agreement.
This announcement must be made on-air at the time of, and as part of, the broadcast of the prescribed material

13. SBS Multiplatform
SBS is subject to this code:
A copy of this Code is in the Study Guide materials Topic 2.

14. ABC Multiplatform
ABC is subject to this code:
A copy of this Code is in the Study Guide materials Topic 2

15. Scope of Broadcast Codes
All codes cover broadcasters’ online work as well as their broadcast work. 
Little specific regulation of smaller media outlets who publish online. 
ACMA has made a start on some regulatory frameworks, but the nature of the Internet means it is very hard to subject to effective detailed regulation.

16. MEAA Code of Ethics (Journalists)
Media Entertainment Arts Alliance (Journalism Section) Code of Ethics
Applies to members only, not all journalists or media personalities
The ’How to make a complaint’ about an ethical breach info appears here
Covers print/broadcast and always applies if the practitioner is a member), even when the law covers media content and practice. 

17. MEAA Code of Ethics Preamble
Respect for truth and the public's right to information are fundamental principles of journalism. Journalists describe society to itself. They convey information, ideas and opinions, a privileged role. They search, disclose, record, question, entertain, suggest and remember. They inform citizens and animate democracy. They give a practical form to freedom of expression. Many journalists work in private enterprise, but all have these public responsibilities.

18. MEAA CoE Preamble cont’
They scrutinise power, but also exercise it, and should be accountable. Accountability engenders trust. Without trust, journalists do not fulfil their public responsibilities. Alliance members engaged in journalism commit themselves to
Honesty  Fairness  Independence  Respect for the rights of others

19. Referring to MEAA CoE Correctly
There is ONE code and 12 POINTS in that code.
Refer to specific numbered points when answering assignment questions and be precise about why the points apply. 
Law students NB: This involves taking a position based on an argument about media ethics rather than legal reasoning. 

20. Guidance Clause
Many students forget to talk about the impact or possible effect of the Guidance clause on journalists’ decisions or options. 
This is a useful way to handle parts of the assignments where you think there might be more than one clear way to go. We're more interested in how you get to your argument rather than which one is better.]

21. Guidance Clause
Basic values often need interpretation and sometimes come into conflict. Ethical journalism requires conscientious decision-making in context.
Only substantial advancement of the public interest or risk of substantial harm to people allows any standard to be overridden.

22. Public Relations Institute of Australia (PRIA) Code of Ethics
PRIA is a professional body serving the interests of its members. PRIA is mindful of the responsibility
which public relations professionals owe to the community as well as to their clients and employers.
PRIA requires members to adhere to the highest standards of ethical practice and professional competence.
All members are duty-bound to act responsibly and to be accountable for their actions.

23. Registered Consultancy C o P
Registered Consultancy Code of Practice aslo part of the PRIA ethical codes of practice
RCG Code of Ethics
This item has been placed in the topic 2 materials

24. MEAA & PRIA Comparison
Cconsiderable emphasis in the PRIA Code of Ethics on collegiate behaviour;
not damaging the reputation of others,
passing on information to others when beneficial to the profession.
Contrasts with MEAA Code of Ethics
individual responsibility
decision-making about practices used in news and current affairs coverage
link with professional reputation
up to the individual to uphold c.f. social contract outlook of PR.

25. Discussion Questions
2. What are other explanations for journalists making poor decisions about how they go about stories, i.e. other than what the public often interprets as a deliberate intention to offend, deceive, intrude?
3. What was the worst case of media malpractice you can recall? Did it change your perception of news and current affairs, and in what way(s)?

26. Australian Press Council
Statement of Principles –  
This is the body that Finkelstein recommended for incorporation into a new News Media Council. Judge Finkelstein also recommended that the APC be given "teeth", after long enduring a reputation as a "toothless tiger". Nothing much else has happened since those recommendations of 2012
Many of the arguments have been overshadowed by dramatic changes within the media industry.

27. APC Statement of Principles
Publications should take reasonable steps to ensure reports are accurate, fair and balanced. They should not deliberately mislead or misinform readers either by omission or commission.
Where it is established that a serious inaccuracy has been published, a publication should promptly correct the error, giving the correction due prominence.
Information obtained by dishonest or unfair means, or the publication of which would involve a breach of confidence, should not be published unless there is an over-riding public interest.

28. APC Statement of Principles 2
 Publications are free to advocate their own views and publish the bylined opinions of others, as long as readers can recognise what is fact and what is opinion.
Relevant facts should not be misrepresented or suppressed, headlines and captions should fairly reflect the tenor of an article and readers should be advised of any manipulation of images and potential conflicts of interest.

29. APC Statement of Principles 3
Publications have a wide discretion in publishing material, but they should balance the public interest with the sensibilities of their readers, particularly when the material, such as photographs, could reasonably be expected to cause offence.

30. Case Study The Lindt Cafe Siege and Murders
Sunrise comments by Fred Nile
Comments on media coverage of the siege
Lindt Cafe Bravey Awards Comments SMH
Media Watch 9 Feb, 2015

31. Case Study Do We Really Need To Know?
The Man Who Outed The Ebola Nurse
Discussion: Should the media publicise potential health and safety risks?
What guidance do the MEAA and PRIA Codes of Ethics offer on this?

32. Case Study Kyle & Jackie O
Fun Kyle & Jackie O Style
‘Fat Slag’ Comment Ruling

33. Case Study Oscar Pistorius
South African Court overturns manslaughter conviction, finds him guilty of murder.
Pistorius Murdered Steenkamp

34. Case Study: Ben Cousins, Grant Hackett
Public interest in addiction and treatment
Hackett family speak about breakdown

35. Case Study Robert Allenby
ABC Allenby Hits Out Over False Media Reports Feb 17, 2015
Nine Coverage Read more  Allenby Sticks By Assault Story Video & Report  
In July, 2015 Allenby's former Caddy suggested the bar assault story was "made up"  News.com link.
Did the golfer make up his bar assault story?
Discussion: Does it matter?

36. On Intrusion/Intervention
The Haiti earthquake and rescue
This video shows a news reporter rescuing a young boy from a riot of looters after the quake in 2010.

37. Recent Media Intrusion/Poor Taste Controversies
Leveson Part 2 won’t happen
CPS Britain not taking Inquiry any further. Had been agreement to run 2nd part on collusion between journalists and govt.
Seven Sunrise Poor Taste Treatment of Kristin Davis, former Sex and the City actor, now refugee aid worker.

38. TV Presenter v TV Presenter
Sunrise poor taste skit with Kristin Davis – two more wade in
Discussion – Is this reputation management or a lapse of professionalism?
How would you have avoided the Sunrise skit embarrassment?
E.g. What are the steps to planning and conducting an effective/informative interview?

39. Conclusion
Next Week – Australian Legal System