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  • Teaching Media Law in a Post-Truth Context: Strategies for Enhancing Learning about the Legal Risks of Fake News and Alternative Facts

    Author(s)
    Pearson, Mark
    Griffith University Author(s)
    Pearson, Mark L.
    Year published
    2017
    Metadata
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    Abstract
    Much has been written about the ethics of so-called ‘fake news’ and ‘alternative’ facts in a ‘post-truth’ era, but few have explored the legal implications of these and the flow-on to education in media law. This article suggests that there are clear legal risks for journalists adopting the hallmark practices of ‘fake news’—particularly in linking identifiable individuals to reputationally damaging falsities (defamation) and in making misleading or deceptive claims in the course of business (consumer law). Whether or not such an ethically dubious practice is actionable will depend on a host of factors including the strength ...
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    Much has been written about the ethics of so-called ‘fake news’ and ‘alternative’ facts in a ‘post-truth’ era, but few have explored the legal implications of these and the flow-on to education in media law. This article suggests that there are clear legal risks for journalists adopting the hallmark practices of ‘fake news’—particularly in linking identifiable individuals to reputationally damaging falsities (defamation) and in making misleading or deceptive claims in the course of business (consumer law). Whether or not such an ethically dubious practice is actionable will depend on a host of factors including the strength of publishing defences, the availability of legal advice and the jurisdictional reach of any legal suit. This article suggests that a problem-based approach—including recent examples and classical media law principles—might encourage a ‘mindful’ (reflective) practice when assessing media law risks in the news room.
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    Journal Title
    Asia Pacific Media Educator
    Volume
    27
    Issue
    1
    DOI
    https://doi.org/10.1177/1326365X17704289
    Subject
    Curriculum and pedagogy
    Creative arts, media and communication curriculum and pedagogy
    Creative and professional writing
    Communication and media studies
    Publication URI
    http://hdl.handle.net/10072/354116
    Collection
    • Journal articles

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