We began the discussion with truth, a traditional rationale for protecting free speech, which in the end underscored Justice Besanko’s judgment
This important case reveals much about the operation of media law and its failure to protect media freedom. It highlights the reliance we place upon exemplary public interest journalism to ensure that our democracy functions and that our institutions and the powerful are held to account. Our media laws so often act to constrain rather than facilitate investigative journalism.
Instead of the rights-based protections found at the international level, in regional frameworks and in other comparable domestic jurisdictions, we have an implied freedom of political communication – a largely negative common law conception of freedom of speech and the principle of legality to aid interpretation. Jacob Rowbottom has argued in the UK that “media freedom lies at the heart of media law”. By contrast, our legal system does not recognise media freedom.
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