Legal Ethical Framework. PDF

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General Legal Ethical Framework...

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General Legal and Ethical Framework - 2018 This first framework is a general approach to thinking legally and ethically. Each week we will add more detailed frameworks for ethics and for different legal concerns. The story you choose for your comment piece/presentation or essay, may raise some or all these issues. You don’t need to cover every aspect but be aware of how your story or issue fits within the broader legal and ethical framework. 1: Identify legal/ethical issues for the media 1. 1 Articulate the ethical or legal issue Identify what is at stake? What is the ‘legal or ethical dilemma” arising from the story or the publication or construction of the story (there may be more than one)? Why are we concerned? What choices need to be made? What legal or ethical questions arise from those choices? Often concerned with regulatory conversations, competing interests, complex relationships or potentially harmful /beneficial outcomes, compliance with a rule/law/code dealing with conflicting values, interests, duties & consequences 1.2 What is the context? Identify competing interests or arguments. From whose perspective are you looking: ‘publisher’/ creator or 1st voice / regulators/commentators/audiences/ or the ‘media’ itself? In this course we are look at it from the media practitioner’s perspective. 1.3 Why is this story or issue important/relevant? Consider what choices need to be made by the relevant media practitioner/industry? What are the implications for media practitioners (not just the parents, children, other stakeholders, audiences) 1.4 Are there precedents or similar examples for guidance or to compare/contrast or extend the issues? What is the range or spectrum of bad AND good media practice in this area - evaluate where this story lies on the spectrum and how can we improve it? Are there other examples of media organisations intervening or ‘rescuing’ victims? 2. Can an ETHICAL analysis help make a better decision? 2.1 Consider what is your role, function or purpose? Are you a journalist or the licence holder of a broadcasting station, are you an entertainer or in advertising/PR acting for a client? Who are the relevant stakeholders, competing duties interests or concerns? Are there consequences for acting/not acting? To whom do you owe a duty (and are there competing duties owed?). Which ‘consequences’ should be taken into account (foreseen, unforeseen, immediate, long term)? 2.2 A Meta- Ethical approach: How do we define or judge what is good/bad or right/wrong in choosing our course of action? Which ethical principles assist in deciding an ethical approach to the problem? (Consider e.g Aristotle, Kant, Mill, Foucault & others) 2.3 Can an ethical decision making process (eg the Potter Box) help deliberation? Especially where the decision is more complex, do we need to look at professional & personal values, principles and loyalties as well as what is at stake? 2.4 Do our ethics put us in conflict with laws, codes or guidelines? How do we decide what to do when our actions may be in conflict with legal/code requirements –or there are grey areas not covered by the law or codes; or laws/codes are vague or uncertain in how they operate in practice – how do we reconcile any conflict between laws and between law and ethics? Between the ethics or others and our ethics? Part 3. What laws/codes/guidelines influence or guide our decision? 3.1 Identify relevant regulation (laws/regulations/codes/guidelines/licence condition) and what kind of regulation (international, federal, state) (civil, criminal) for this story in this media

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3.2 What is the justification for regulating or NOT regulating media/speech in this instance (what are the competing interests to be balanced? What is the purpose of the law or code or the reasons why there may be not a law?) 3.3 Who is the regulator? What is the process? Who can complain/enforce? (see regulator’s and industry body’s websites eg ACMA, Press Council, FreeTV, HREOC, Courts etc) 3.4 What does the regulation require/prohibit? What/who is regulated? How/When does the regulation apply? 3.5 What are the elements of the legal action? What, if any, defences are available? What are the consequences that flow from this and remedies available? 3.6 Identify gaps shortcomings/challenges/contradictions in laws/codes/guidelines

Part 4: Reflection What challenges did you encounter in trying to find information and guidance on law & ethics in this story? What other resources can I use to inform my decision? What don’t I know enough about?

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