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Commentators on the media in Southeast Asia either emphasise with
optimism the prospect for new media to provide possibilities for
greater democratic discourse, or else, less optimistically, focus
on the continuing ability of governments to exercise tight and
sophisticated control of the media. This book explores these issues
with reference to Malaysia and Singapore. It analyses how
journalists monitor governments and cover elections, discussing
what difference journalism makes; it examines citizen journalism,
and the constraints on it, often self-imposed constraints; and it
assesses how governments control the media, including outlining the
development and current application of legal restrictions.
Commentators on the media in Southeast Asia either emphasise with
optimism the prospect for new media to provide possibilities for
greater democratic discourse, or else, less optimistically, focus
on the continuing ability of governments to exercise tight and
sophisticated control of the media. This book explores these issues
with reference to Malaysia and Singapore. It analyses how
journalists monitor governments and cover elections, discussing
what difference journalism makes; it examines citizen journalism,
and the constraints on it, often self-imposed constraints; and it
assesses how governments control the media, including outlining the
development and current application of legal restrictions.
This special volume of "Studies in Law, Politics, and Society - The
Aesthetics of Law and Culture: Texts, Images, Screens" - examines
practices of representation and their relation to juridical and
cultural formations. The chapters range across the media of speech
and writing, word and image, legislation and judgment, literature,
cinema and photography. The contributions draw on disciplines
including jurisprudence, literary criticism, philosophy, cinema
studies, art and visual studies, cartography, historiography and
medicine. They are ordered according to four prominent themes in
contemporary, theoretically informed critical scholarship: Crime
Scenes: Sexuality and Representation; Sites Unsaid: Testimony,
Image, Genre; (Post) Colonial Appropriations; and Screen Culture:
Sovereignty, Cinema and Law.
Using as a starting point the work of internationally-renowned
Australian scholar Sam Ricketson, whose contributions to
intellectual property (IP) law and practice have been extensive and
richly diverse, this volume examines topical and fundamental issues
from across IP law. With authors from the US, UK, Europe, Asia,
Australia and New Zealand, the book is structured in four parts,
which move across IP regimes, jurisdictions, disciplines and
professions, addressing issues that include what exactly is
protected by IP regimes; regime differences, overlaps and
transplants; copyright authorship and artificial intelligence;
internationalization of IP through public and private international
law; IP intersections with historical and empirical research, human
rights, privacy, personality and cultural identity; IP scholars and
universities, and the influence of treatises and textbooks. This
work should be read by anyone interested in understanding the
central issues in the evolving field of IP law.
Freedom of expression is generally analysed as a bare liberty
against restraint by state action. Underpinning rationales for
freedom of speech very often imply, however, that the concept also
has important positive aspects, and that to be truly 'democratic'
the modern polity requires more than negative freedom. In
contemporary conditions, this understanding of free speech raises
matters such as media diversity or pluralism, the concept of voice
and access to the public sphere, access to information, and the
need to rethink the audience in relation to public speech. Whether
securing positive free speech is a matter of politics or of law, a
task for legislatures or for courts, is an open question. On one
level, any programme of inculcating positive dimensions of free
speech might be understood as inherently polycentric and hence
political in character. Yet, a number of jurisdictions evince
enhanced legal recognition for the principle. The aim of this
collection of papers is to interrogate the rationales of positive
free speech, to consider the political and juridical methods by
which it has or may be more fully reflected in the modern state,
and to consider the range of practical contexts in which its
valorisation has or would have significant implications. The
contributors are drawn from an array of European and international
jurisdictions. They include academic lawyers and communications
researchers
Freedom of expression is generally analysed as a bare liberty
against restraint by state action. Underpinning rationales for
freedom of speech very often imply, however, that the concept also
has important positive aspects, and that to be truly
‘democratic’ the modern polity requires more than negative
freedom. In contemporary conditions, this understanding of free
speech raises matters such as media diversity or pluralism, the
concept of voice and access to the public sphere, access to
information, and the need to rethink the audience in relation to
public speech. Whether securing positive free speech is a matter of
politics or of law, a task for legislatures or for courts, is an
open question. On one level, any programme of inculcating positive
dimensions of free speech might be understood as inherently
polycentric and hence political in character. Yet, a number of
jurisdictions evince enhanced legal recognition for the principle.
The aim of this collection of papers is to interrogate the
rationales of positive free speech, to consider the political and
juridical methods by which it has or may be more fully reflected in
the modern state, and to consider the range of practical contexts
in which its valorisation has or would have significant
implications. The contributors are drawn from an array of European
and international jurisdictions. They include academic lawyers and
communications researchers
The development of new digital technologies has led to fundamental
changes in the ways that cultural institutions fulfill their public
missions of access, preservation, research, and education. Many
institutions are developing publicly-accessible websites in which
users can visit online exhibitions, search collection databases,
access images of collection items, and in some cases create their
own digital content. Digitization, however, also raises the
possibility of copyright infringement. It is imperative, therefore,
that staff in libraries, archives, and museums have a good
understanding of fundamental copyright principles and how
institutional procedures can be affected by the law. Copyright and
Cultural Institutions was written to assist understanding and
compliance with copyright law. It discusses the basics of copyright
law and the exclusive rights of the copyright owner, the major
exemptions used by cultural heritage institutions, and stresses the
importance of "risk assessment" when conducting any digitization
project. Two cases studies (on digitizing oral histories and
student work) are also included.
Using as a starting point the work of internationally-renowned
Australian scholar Sam Ricketson, whose contributions to
intellectual property (IP) law and practice have been extensive and
richly diverse, this volume examines topical and fundamental issues
from across IP law. With authors from the US, UK, Europe, Asia,
Australia and New Zealand, the book is structured in four parts,
which move across IP regimes, jurisdictions, disciplines and
professions, addressing issues that include what exactly is
protected by IP regimes; regime differences, overlaps and
transplants; copyright authorship and artificial intelligence;
internationalization of IP through public and private international
law; IP intersections with historical and empirical research, human
rights, privacy, personality and cultural identity; IP scholars and
universities, and the influence of treatises and textbooks. This
work should be read by anyone interested in understanding the
central issues in the evolving field of IP law.
Free speech has positive dimensions of enablement and negative
dimensions of non-restraint, both of which require protection for
democracy to have substantial communicative legitimacy. In
Democracy of Expression, Andrew Kenyon explores this need for
sustained plural public speech linked with positive communicative
freedom. Drawing on sources from media studies, human rights,
political theory, free speech theory and case law, Kenyon shows how
positive dimensions of free speech could be imagined and pursued.
While recognising that democratic governments face challenges of
public communication and free speech that cannot be easily solved,
Kenyon argues that understanding the nature of these challenges
(including the value of positive free speech) at least makes
possible a democracy of expression in which society has a voice,
formulates judgments, and makes effective claims of government. In
this groundbreaking work, Kenyon not only reframes how we
conceptualize free speech, but also provides a roadmap for reform.
Free speech has positive dimensions of enablement and negative
dimensions of non-restraint, both of which require protection for
democracy to have substantial communicative legitimacy. In
Democracy of Expression, Andrew Kenyon explores this need for
sustained plural public speech linked with positive communicative
freedom. Drawing on sources from media studies, human rights,
political theory, free speech theory and case law, Kenyon shows how
positive dimensions of free speech could be imagined and pursued.
While recognising that democratic governments face challenges of
public communication and free speech that cannot be easily solved,
Kenyon argues that understanding the nature of these challenges
(including the value of positive free speech) at least makes
possible a democracy of expression in which society has a voice,
formulates judgments, and makes effective claims of government. In
this groundbreaking work, Kenyon not only reframes how we
conceptualize free speech, but also provides a roadmap for reform.
Defamation and privacy are now two central issues in media law.
While defamation law has long posed concerns for media
publications, the emergence of privacy as a legal challenge has
been relatively recent in many common law jurisdictions outside the
US. A number of jurisdictions have seen recent defamation and
privacy law reforms, which have often drawn on, or reacted against,
developments elsewhere. This timely book examines topical issues in
defamation and privacy law focused on media, journalism and
contemporary communication. Aimed at a wide legal audience, it
brings together leading and emerging analysts of media law to
address current and proposed reforms and the impact of changes in
communication environments, and to re-examine basic principles such
as harm and free speech. This book will be of interest to all those
working on commonwealth or US law, as well as comparative scholars
from wider jurisdictions.
Defamation and privacy are now two central issues in media law.
While defamation law has long posed concerns for media
publications, the emergence of privacy as a legal challenge has
been relatively recent in many common law jurisdictions outside the
US. A number of jurisdictions have seen recent defamation and
privacy law reforms, which have often drawn on, or reacted against,
developments elsewhere. This timely book examines topical issues in
defamation and privacy law focused on media, journalism and
contemporary communication. Aimed at a wide legal audience, it
brings together leading and emerging analysts of media law to
address current and proposed reforms and the impact of changes in
communication environments, and to re-examine basic principles such
as harm and free speech. This book will be of interest to all those
working on commonwealth or US law, as well as comparative scholars
from wider jurisdictions.
The challenges faced by privacy laws in changing technological,
commercial and social environments are considered in this
broad-ranging 2006 examination of privacy law. The book encompasses
three overlapping areas of analysis: privacy protection under the
general law; legislative measures for data protection in digital
communications networks; and the influence of transnational
agreements and other pressures toward harmonised privacy standards.
Leading, internationally recognised authors discuss developments
across these three areas in the UK, Europe, the US, APEC
(Asia-Pacific Economic Cooperation), Australia and New Zealand.
Chapters draw on doctrinal and historical analysis of case law,
theoretical approaches to both freedom of speech and privacy, and
the interaction of law and communications technologies in order to
examine present and future challenges to law's engagement with
privacy.
The challenges faced by privacy laws in changing technological,
commercial and social environments are considered in this
broad-ranging 2006 examination of privacy law. The book encompasses
three overlapping areas of analysis: privacy protection under the
general law; legislative measures for data protection in digital
communications networks; and the influence of transnational
agreements and other pressures toward harmonised privacy standards.
Leading, internationally recognised authors discuss developments
across these three areas in the UK, Europe, the US, APEC
(Asia-Pacific Economic Cooperation), Australia and New Zealand.
Chapters draw on doctrinal and historical analysis of case law,
theoretical approaches to both freedom of speech and privacy, and
the interaction of law and communications technologies in order to
examine present and future challenges to law's engagement with
privacy.
Efforts to expand the scope of legal protection given to reputation
and brands in the Asia Pacific region have led to considerable
controversy. Written by a variety of experts, the essays in this
book consider the developing law of reputation and brands in a
fraught area.
TV Futures: Digital Television Policy in Australia brings together
leading writers from both law and media studies to examine the
implications of the shift to digital television for the platforms
and audiences, copyright law and media regulation. The book
combines writers with expertise in media law and copyright law with
those skilled in media policy and social and cultural research.
Through its scope and topicality, the book substantially develops
the literature on digital television to serve readers from across
the fields of law, the humanities and social sciences.
Defamation and privacy are now two central issues in media law.
While defamation law has long posed concerns for media
publications, the emergence of privacy as a legal challenge has
been relatively recent in many common law jurisdictions outside the
US. A number of jurisdictions have seen recent defamation and
privacy law reforms, which have often drawn on, or reacted against,
developments elsewhere. This timely book examines topical issues in
defamation and privacy law focused on media, journalism and
contemporary communication. Aimed at a wide legal audience, it
brings together leading and emerging analysts of media law to
address current and proposed reforms and the impact of changes in
communication environments, and to re-examine basic principles such
as harm and free speech. This book will be of interest to all those
working on commonwealth or US law, as well as comparative scholars
from wider jurisdictions.
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