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

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 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.