CMN 3105 Lecture Notes - Lecture 3: Revenge Porn, Publication Ban
14 Nov 2017
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Document Summary
Every legal right has a corresponding obligation: your legal right to freedom of expression. Oak"s test emerges from the oak"s case. The rules were dev by the courts, common law, for publications bans, the rules governing publications bans. Once we understand how a publication ban works, then you can assess the ethical impacts of issuing a publication ban. Impugned: call something into question, question its integrity. Oak"s test stages, 2: proportionality test, a test within a test, 3 (?) components. Case is a vehicle for us to understand how section 1 functions, section 11b (macintyre) Reasonable and justifiable: challenge: idea of reasonable is subjective, what does reasonable mean. Two key functions of section 1: 1st: the following rights and freedoms are guaranteed, 2nd function: exclusive justificatory criteria by which the state can infringe. Section 1 (only need to memorize this), 2b, 8, 11d (context of open courts principle, idea of publicity) It"s a less rigourous and less strict test.
