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South Africa's Media Defamation Law in a Constitutional, Digital Age

South Africa's Media Defamation Law in a Constitutional, Digital Age PDF Author: Helene Eloff
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The rights to freedom of expression and dignity do not discriminate and apply equally to all South Africans. There was a time when the ability to impart information on a large scale belonged to a tiny percentage of society. Prior to the 1990s the media were South Africa's gatekeepers of information in the public interest. Today, regular South Africans who are not affiliated with the media have information publication and distribution abilities that exceed that of traditional media sources such as newspapers and magazines. The ability to damage reputations on a large scale was previously unique to the media. Today, any person can ruin another's reputation with the click of a button. Although media members and regular persons are equally able to defame, the law still distinguishes between media defendants and non-media defendants in defamation cases based largely on the powerful position and exclusive abilities the media once held. The differentiation affects liability in terms of the presumptions of wrongfulness and fault that arise where defamation occurred. In order to disprove the presumption of wrongfulness where defamation occurred, media defendants may use the exclusive defence of 'reasonable publication'. By proving that they had acted reasonably in publishing the defamatory content, media members can evade liability. In order to be held at fault for defaming, media members need only have been negligent, whereas intention is required on the part of non-media defendants. The law of defamation balances the rights to freedom of expression and human dignity in a way that must be constitutionally justifiable.

South Africa's Media Defamation Law in a Constitutional, Digital Age

South Africa's Media Defamation Law in a Constitutional, Digital Age PDF Author: Helene Eloff
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The rights to freedom of expression and dignity do not discriminate and apply equally to all South Africans. There was a time when the ability to impart information on a large scale belonged to a tiny percentage of society. Prior to the 1990s the media were South Africa's gatekeepers of information in the public interest. Today, regular South Africans who are not affiliated with the media have information publication and distribution abilities that exceed that of traditional media sources such as newspapers and magazines. The ability to damage reputations on a large scale was previously unique to the media. Today, any person can ruin another's reputation with the click of a button. Although media members and regular persons are equally able to defame, the law still distinguishes between media defendants and non-media defendants in defamation cases based largely on the powerful position and exclusive abilities the media once held. The differentiation affects liability in terms of the presumptions of wrongfulness and fault that arise where defamation occurred. In order to disprove the presumption of wrongfulness where defamation occurred, media defendants may use the exclusive defence of 'reasonable publication'. By proving that they had acted reasonably in publishing the defamatory content, media members can evade liability. In order to be held at fault for defaming, media members need only have been negligent, whereas intention is required on the part of non-media defendants. The law of defamation balances the rights to freedom of expression and human dignity in a way that must be constitutionally justifiable.

Media Law, Ethics, and Policy in the Digital Age

Media Law, Ethics, and Policy in the Digital Age PDF Author: Mhiripiri, Nhamo A.
Publisher: IGI Global
ISBN: 1522520961
Category : Law
Languages : en
Pages : 352

Book Description
The growing presence of digital technologies has caused significant changes in the protection of digital rights. With the ubiquity of these modern technologies, there is an increasing need for advanced media and rights protection. Media Law, Ethics, and Policy in the Digital Age is a key resource on the challenges, opportunities, issues, controversies, and contradictions of digital technologies in relation to media law and ethics and examines occurrences in different socio-political and economic realities. Highlighting multidisciplinary studies on cybercrime, invasion of privacy, and muckraking, this publication is an ideal reference source for policymakers, academicians, researchers, advanced-level students, government officials, and active media practitioners.

Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF Author: Dario Milo
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 394

Book Description
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

African Studies in the Digital Age

African Studies in the Digital Age PDF Author:
Publisher: BRILL
ISBN: 9004279148
Category : Social Science
Languages : en
Pages : 276

Book Description
African Studies in the Digital Age. DisConnects? seeks to understand the complex changes brought about by the digital revolution. The editors, Terry Barringer and Marion Wallace, have brought together librarians, archivists, researchers and academics from three continents to analyse the creation and use of digital research resources and archives in and about Africa. The volume reveals new opportunities for research, teaching and access, as well as potential problems and digital divides. Published under the aegis of SCOLMA (the UK Libraries and Archives Group on Africa), this new work is a major step forward in understanding the impact of the Internet Age for the study of Africa, in and beyond the continent. Contributors are: Terry Barringer, Hartmut Bergenthum, Natalie Bond, Mirjam de Bruijn, Ian Cooke, Jos Damen, Jonathan Harle, Diana Jeater, Rebecca Kahn, Peter Limb, Lucia Lovison-Golob, Walter Gam Nkwi, Jenni Orme, Daniel A. Reboussin, Ashley Rockenbach, Amidu Sanni, Simon Tanner, Edgar C. Taylor, Laurie N. Taylor, Marion Wallace, Massimo Zaccaria

Protecting journalism sources in the digital age

Protecting journalism sources in the digital age PDF Author: Posetti, Julie
Publisher: UNESCO Publishing
ISBN: 9231002198
Category :
Languages : en
Pages : 195

Book Description
This Study, which covers 121 UNESCO Member States, represents a global benchmarking of journalistic source protection in the Digital Age. It focuses on developments during the period 2007-2015. The legal frameworks that support protection of journalistic sources, at international, regional and country levels, are under significant strain in 2015. They are increasingly at risk of erosion, restriction and compromise - a development that is seen to represent a direct challenge to the established universal human rights of freedom of expression and privacy, and one that especially may constitute a threat to the sustainability of investigative journalism. --Page 7.

Access to Information in Africa

Access to Information in Africa PDF Author: Fatima Diallo
Publisher: BRILL
ISBN: 9004251898
Category : Social Science
Languages : en
Pages : 310

Book Description
For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.

Legal standards on freedom of expression

Legal standards on freedom of expression PDF Author: Singh, Avani
Publisher: UNESCO Publishing
ISBN: 9231003011
Category :
Languages : en
Pages : 218

Book Description


The President's Keepers

The President's Keepers PDF Author: Jacques Pauw
Publisher:
ISBN: 9780624083030
Category : Abuse of administrative power
Languages : en
Pages : 352

Book Description
Investigative journalist Jacques Pauw exposes the darkest secret at the heart of Jacob Zuma's compromised government: a cancerous cabal that eliminates the president's enemies and purges the law-enforcement agencies of good men and women. As Zuma fights for his political life following the 2017 Gupta emails leak, this cabal - the president's keepers - ensures that after years of ruinous rule, he remains in power and out of prison. But is Zuma the puppet master, or their puppet? Journey with Pauw as he explores the shadow mafia state. From KwaZulu-Natal and the Western Cape to the corridors of power in Pretoria and Johannesburg - and even to clandestine meetings in Russia. It's a trail of lies and spies, cronies, cash and kingmakers as Pauw prises open the web of deceit that surrounds the fourth president of the democratic era. -- from back cover.

Media Law and Policy in the Internet Age

Media Law and Policy in the Internet Age PDF Author: Doreen Weisenhaus
Publisher: Bloomsbury Publishing
ISBN: 178225739X
Category : Law
Languages : en
Pages : 306

Book Description
The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.

Media Freedom in the Age of Citizen Journalism

Media Freedom in the Age of Citizen Journalism PDF Author: Coe, Peter
Publisher: Edward Elgar Publishing
ISBN: 1800371268
Category : Law
Languages : en
Pages : 320

Book Description
This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace, and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.