BLAW10002 Lecture Notes - Lecture 10: Herald Sun, Hancock Prospecting, Judicial Discretion
28 Jul 2018
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Any witness who refuses to answer a relevant question or produce a document without lawful excuse is guilty of disobedience contempt. Journalists often make promises to their sources to respect confidentiality as to identity. Media, entertainment and arts alliance (meaa) code of ethics article 3: Journalists should aim to attribute information to its source. Where a source seeks anonymity, do not agree without first considering the source"s motives and any alternative attributable source. Where confidences are accepted, respect them in all circumstances. Common law position no protection for journalists: mcguiness v attorney-general (vic) (1940) Two situations: newspaper rule (pre-trial defamation proceedings, pre-trial discovery. Harvey v county court of victoria [2006] vsc 293. Two journalists of the herald sun charged with disobedience contempt as they did not reveal their sources" identities. Pleaded guilty to contempt, no imprisonment, fine. Journalists" sources and the implied freedom of political communication. No burden upon speech (icac v cornwall (1995) 38 nswlr 207) vs.
