LAWS OF COMMUNICATION

Laws of Communication

Laws of Communication

Part number 1:

Questions and Answers

Introduction

The important element of this case is to identify whether Sam soapbox was correctly sued for defamation by Jessica, and whether he can keep the identity of his informant anonymous.

Answer number 1:

According to the defamation case of Jessica vs. Sam the most important element to prove is whether Sam has violated any of the laws and codes of conduct mandated over Sam as a journalist. The court and attorneys will try to persuade Sam in revealing the identity of his sources, it has always been a common practice, however in order to maintain the confidentiality of Billy who is the source of the information the following privileges under the common law can be sought; according to the Australian Law reform commission, under the common law the only relationship where the communication is protected from any disclosure within the court is that between a lawyer and a client. The Australian law reform commission 26 proposes the formation of a discretionary privilege that would protect the confidential relationships. Such a privilege would hide communications and records in any particular situation in which one party is under any legal obligation not to disclose them. Under the common law the ALRC has also determined that there are many relationships within a society where the best interest lies in establishing confidentiality. The relationships include any existing relationships between doctors and patient, social worker and client and journalist and source.

The ALRC further notes that is certain situations in which maintaining confidentiality is extremely crucial, however based on the Evidence Acts which mandates providing as much information about some as possible and withholding any information might be considered an offence, for this purpose the ALRC proposed that; the public interest in the informed disposal of litigation in every case will be balanced against the pubic interest in maintaining the confidentiality within the relationships and the needs of particularly similar relationships.

The law further recommended the enactment of the general discretion in order to protect any information disclosed in the course of confidential relationships. According to this law much more consideration was placed on the public interest after having the evidence disclosed. Hence Sam is liable to exercise his rights under the common law and to protect the confidentiality of his relationship and the information provided by Billy. The worst consequences that Sam might have to put up with are that he would have to serve jail time but if the information withheld is not harmful there is a possibility the court will keep the source anonymous, Based on the constitution the court has the right to force Sam to give the names of his source, failing to comply can cause Sam liable to pay a certain amount of money as fine.

Answer number 2:

According to the Media Alliance code of ethics, the most important aspects for any journalist is the respect for the truth and the right of the public to receive information, journalists like Sam are entitled ...