Lecture 12 & Adieu

Lecture 12 was a short, reflective lecture in which Dr Redman wrapped up JOUR1111 for the Semester. In light of this lecture and as JOUR1111 comes to an end, I feel compelled to write one final post (or is it ...).

I have thoroughly enjoyed this course. Not only has it opened my eyes up to the world of Blogging but more importantly it has provided me with much insight into the fields of journalism and communication. Thanks to this course I am now able to distinguish between public media and private media, I now have an appreciation of the ethics of journalism and also the role of investigative journalism within society - and that is but a small taste of all that I have learnt. In completing pieces of assessment such as the Factual Story, I have come to realise that Journalism isn't as disciplined and dry as I previously had assumed but rather a creative and evolving field of study. JOUR1111 has shown me the power of journalism within our society - indeed some journalists have truly been able to change the world with their written word! As I hope you can tell, I have utterly enjoyed creating my blog and posting about what I have learnt in lectures as well as things that interest me. I plan to continue my blog.

Yes, it may be goodbye for now but not for long my friends. Very soon I will be back again blogging about stories that interest me in the news, art exhibitions that grace Brisbane with their presence and great adventures I get up to with my friends. As Charles Dickens noted, "the pain of parting is nothing to the joy of meeting again."

So, goodbye for now but certainly not forever!

The Google Defamation Case

Recently an Australian man has won a landmark defamation case against Google for the tort of defamation. Michael Trkulja brought a case against Google for search results that linked him to underworld criminals. Essentially, the reason Google was held liable was because it knew about the images and had been asked by Trkulja's lawyer to remove them but had not done so. As such Google's knowledge of the defamatory material meant that they were unable to utilise the absolute defence of innocent dissemination.

Click here to read more about the case.

I find this case and all the media coverage surrounding it very interesting because I have only recently learnt about the tort of defamation in a law course I am currently undertaking. I find it so exciting (as geeky as that sounds) to see all the things I have learnt and read in textbooks actually being applied!

It is interesting also to consider the implication this case will have for defamation cases in Australia and potentially in other countries around the world. Simon Rigby, a partner at Holman Webb lawyers who has specialised in defamation law, opines that the "implication for the future is that companies can't carry material on the internet with impunity" ... "What this means for the likes of Google and Yahoo is that when they get a takedown notice they have to respond to it or face the consequences."

In similar cases in the United Kingdom it was ruled that search engines are purely mechanical devices and are not responsible for the material published. I do not, however, think this current case departs radically or unjustifiably from this notion. If Google had not been specifically informed about the material and asked to remove it then they would not have been held responsible for the material published.

In deciding this case, the court has evidently weighed up the right to freedom of speech against the right to preserving one's reputation and standing within the community. In these circumstances, the latter was held to be of more importance.

Small things amuse small minds ...

Death in Art

Happy Halloween everyone! This yearly celebration has provoked me into thinking about the presence of death in Art. Indeed, looking at the history of art, it can be seen that death is something that humanity has remained resolutely preoccupied with.  Many artworks from the Classical and Medieval Periods fall within the genre of memento mori. This Latin phrase translates loosely as "Remember your mortality" or as "Remember you must die." This theme is one which dates back all the way to Antiquity. Its presence in Art is a constant reminder of the fragility of human life. 

Still Lifes from around the world, predominantly in Europe in countries such as Spain and Italy, also referred to death by using symbolic objects. For example a skull, a lute, an extinguished candle and an apple all signified death.

Now-a-days the theme of memento mori is most closely connected with the Mexican festival of the Day of the Dead. This holiday, celebrated in Mexico and all over the world, involves the gathering of people to pray for and celebrate the life of those who have passed away. I find it so interesting that for some cultures skeletons and skulls can evoke such negative associations (e.g. like in Medieval Art) but for others it is associated with festive celebrations. To me this just exemplifies the fact that we are all culturally and socially conditioned.

For an artwork I completed as part of my portfolio in Year 12 I played with the idea of momento mori in a very modern way, employing my mother and father as the models in my photographic series. Their presence within the work was a reminder that we all die and that life is a very fragile thing. I have used newspaper, which is flimsy by nature, to exemplify the fragility of life. Further, all the fruit on the table is rotten.

An optimistic spin on mess

The quotation below is one I have found myself utilising frequently during this study period to justify the state of my desk. I'd like to think that my mess and disorganisation has allowed me to make "exciting discoveries" but unfortunately most of my discoveries have been apple cores, random law palmcards, scrunched up lecture notes and half eaten sandwhiches.

On the look out for Halloween costumes

With Halloween just around the corner, I've started looking at costumes as a form of procrastination and boy have I found some beauties! Staying truthful to myself and my love of all things artistic, I have come across a few costumes which I think could be perfect for Halloween. Okay, so these costumes may not be scary, but honestly I'm just using Halloween this year as an excuse to pretend to be a famous artist for the night!  Here is my shortlist:

1. I can't think of many artists who would be more fun to dress up as than Frida Kahlo. Known for her vibrant clothing, the beautiful flowers she wore in her hair and her iconic monobrow, Frida Kahlo is one of the most recognisable artists to have ever lived.

2. An artist equally as well-known and iconic as Frida Kahlo is Andy Warhol. Warhol is a favourite artist of mine. What better way to pay homage to him and his artistic endeavours could there be then to dress up as him? Maybe I could use a Campbell's soup-can as my trick-or-treat bag ... 

3. This last costume I have short listed is not an artist but is a witty reference to a huge event that has occurred in the Art world this year - the vandalisation of the Ecce Homo Fresco (something I have blogged about on several occasions). This costume would definitely get me brownie points with other Art enthusiasts! 

Can you own a colour?

Can you legally "own" a colour? Recently, this question was explored by the UK High Court in regards to the purple utilised by confectionery company, Cadbury. Briss J in the Court ruled that Cadbury was entitled to trademark protection for the particular shade of purple so closely identified with the brand and its packaging. The colour is the shade Pantone 2685C. The decision does not mean, however, that Cadbury owns this shade of purple absolutely but instead allows Cadbury to stop its competitors, such as Nestle, from using this shade for its packaging.

The reasoning behind the Court's decision was that consumers of chocolate in choosing their chocolate bar are guided most significantly by the colour of the packaging. Arguably, "Nestle wanted to piggyback on the goodwill and the brand recognition established by Cadbury over 100 years. The court said no."

As many would opine, the field of Law can be boring and dry. There can be times, however, when the legalities of a situation are very, very interesting and a case like this is indicative of such a fact.

Be yourself

WTF? Emerging Artist Mike Chavez

Mike Chavez is a Melbourne based artist known for his quirky artworks. He is an emerging artist who is respected within the artistic sphere and has recently been nominated as one of the top 20 artists under the age of 35 in Australia by an indepedent panel of curators. 

What I love about Mike's works is the fun way modern acronyms are juxtaposed with images that are very traditional. There is a tension between the symbols of low culture and high culture within the work. This makes the work not only humorous but also powerful and hard-hitting. 

Mike was an Archibald finalist and used to work as an animator for Disney, Warner Brothers and Dreamworks. 

Annotated Bibliography

Privacy is an ethical issue that concerns journalists. This Annotated Bibliography focuses on recent news stories surrounding the custody battle taking place between an Australian woman and Italian man over their four daughters.

Christians, C. G. (2010). The Ethics of Privacy. In C. Meyers (Ed.). Journalism Ethics: A Philosophical Approach (pp. 204-213). Oxford: Oxford University Press.

Clifford Christians, Research Professor for Communication, Professor of Media Studies and Professor of Journalism at the University of Illinois, offers an educated, thoughtful insight into journalistic ethics concerning privacy. Christians describes privacy as “the protection of one’s innermost self by determining who or what enters our personal life space” (2010, p. 204). Firstly, he states that privacy must be understood in terms of general morality and not in terms of professional standards and secondly that the test for ethics is whether the victim(s) consider the journalist’s behaviour and coverage intrusive. This work is learned and intellectual as multiple philosophers such as Aristotle and Rousseau are cited. Furthermore, Christians has written extensively on this topic (e.g. Utilitarianism in Media Ethics and its Discontents (2007) and Media Ethics on a Higher Order of Magnitude (2008)). The credibility of the three sources below will be analysed in terms of their content and medium as well as in light of “The Ethics of Privacy.” The key difference between the sources are the ethical standards respectively adopted and who the texts construct as being the “victims,” adopting Christians’ terminology, in the story.

Silva, K. (2012, October 7). ‘’Please save them’: sisters’ plea.’ The Age. Retrieved from http://www.theage.com.au/national/please-save-them-sisters-plea-20121007-276we.html

Silva constructs an account of the dispute that dramatizes the situation. The article describes how the girls pleaded with the Media, situated outside their Father’s Italian villa, to save them and return them to their mother. The Age, owned and published by Fairfax Media, holds a prominent position in the Australian Commercial Media landscape. Its main purpose is to generate profit by covering what the public demands. Silva has employed hyperbolic language such as “heated standoff,” “dragged” and “clinging” in an effort to attract and engage the public (Silva, 2012). However, this affects the credibility of the work, now rendered overly passionate and one-sided. Further, Silva cites only one person in her article – Sophie Walsh - an Australian Journalist. This privileging of the media’s perspective unbalances the work. The publishing of the article online gives it an interactive element, characteristic of Internet Journalism. Consequently, the article is accompanied by links as well as a gallery of images. This supporting journalism feeds into the piece’s ideological standpoint. Further, the article holds many news values such as visualness, conflict and emotion. As Christians professes, one determines ethical behaviour by considering whether the victim(s) would find the journalist’s behaviour intrusive. If such a test can be answered in the negative, the Journalist has acted ethically. Silva depicts the four daughters in a way that fulfils Christians' definition of victims. Moreover, the article impliedly suggests that the Media’s involvement was not an intrusion on the privacy of the victims who actively sought the Media’s attention.       

Holmes, J (Writer). (2012, October 15). Media Watch - A private dispute turned national spectacular [Television Broadcast]. Sydney: Australia Broadcasting Corporation

Jonathan Holmes, the presenter of the ABC’s Media Watch, a forum for media analysis, brings a highly informed perspective to media coverage on the custody dispute (About Media Watch, n.d.). Holmes scrutinises journalistic ethics. In doing so, he utilises a large range of sources including Peter Donnelley, the Father’s lawyer; Chief Justice of the Family Court of Australia, Diana Bryant; and the Girls’ Grandmother (on the mother’s side). Highlighting the inaccuracies in mainstream media’s coverage, such as The Age’s, Holmes suggests that coverage has been predominantly one-sided, distorted and insensitive. The ABC is a form of public media. Consequently, its purpose is to ultimately serve the public. This increases the source’s credibility as it is able to “shun the temptations of monopoly,” unlike the profit-driven commercial media (Scott, 1921). Significantly, Holmes depicts not only the girls but also the Father as victims. Indeed, Holmes ends by stating that the Family Court has weighed both sides of the story while the Public, through the media, has only heard one. Holmes makes the point that all Family Court disputes are sensitive and that a fair, ethical approach recognises that. In assessing the actions of the Australian Media, he adopts a similar approach to that endorsed by Christians who argues that victims dictate what is shared outside their “own communities of intimacy” (2010, p. 210). Not only is the commercial media coverage unethical in its disregard of the Fathers’ side of the story and his appeal for privacy, journalists have also acted unethically by becoming active participants in the story. Holmes draws specific attention to the actions of Sophie Walsh who rang the girls’ mother and put her on speakerphone to talk to her daughters clinging to the gate. The Media, Homes suggests, have added to the children’s distress.

Eeles, S (Writer). (2012, October 7). Sisters plead for help in Italy [Television Broadcast]. Mt Kootha: Channel 7 

“Sisters plead for help in Italy” produced by 7News reflects on the state of the girls in Italy and their appeals for help. The way the article is written suggests that the Media’s presence in Italy is necessary to allow the girls to be heard, as if the Media have a public rather than commercial purpose. The elements of the medium have been exploited to further the Channel’s agenda. The filming used is selective and one-sided, showing scenes of the girls crying, clinging to the gate and struggling with their father. This is accompanied by a voice-over that states that one of the girl’s mouths was covered by her father to “stifle her calls before dragging her away” (Eeles, 2012). Further, when outlining the Father’s calls for calm, his words are juxtaposed with images of him struggling with one of his daughters which positions the viewer to negatively respond to him and his requests. This portrayal, in extension, constructs the girls to appear as victims – a fact reinforced by the images shown at the end of the broadcast of the villa’s padlocked gates. In “The Ethics of Privacy” Christians states that “[i]nnocent victims … make the decision whether their grief is shared outside their own communities of intimacy” (2012, p. 210). Indeed, Eeles appears to be working off this premise as the Father’s request for privacy has been silenced in favour of the girls (“victims”) decision to voice their grief. Not being a victim, the Father is irrelevant to the question of journalistic ethics.

External References:

About Media Watch. (n.d.). Retrieved October 18, 2012, from http://www.abc.net.au/mediawatch/more.htm

Scott, C. P. (1921). A Hundred Years. Retrieved from http://www.guardian.co.uk/commentisfree/2002/nov/29/1

Lecture Eleven

This lecture was an introduction to Investigate Journalism. I thoroughly enjoyed this lecture because I liked hearing about all the ways that journalists have changed the world and made a difference by exposing things to the public that would otherwise remain unearthed. It is lectures such as this one which encourage me to continue studying Journalism as I am now inspired by the idea of being a part of far-reaching, international change for the better!

What is investigative journalism?

We began the lecture by looking at what investigative journalism essentially is. Many revered journalists have offered different definitions. Ross Coulthart, an Australian journalist, argues that all good journalism should be inherently investigative: “Isn’t all journalism meant to involve questioning investigation of facts and opinions presented to us?” Comparatively, Hugo de Burgh, a British Media Theorist, opines that investigative journalism is the discovering of truth and the identification of lapses from it in whatever media may be available.” Further, Lord Northcliff, owner of The Times and The Daily Mail, emotively defines investigative journalism as “what somebody wants to suppress.”

The ‘Ins’ of Investigative Journalism:

Intelligent – An investigative journalist must intelligently weigh up all aspects of their investigation, including what Dr. Redman describes as the “three-headed monster of money, sex and power.”

Informed – To effectively inform the public an investigative journalist must be informed of all of the facts of the story. This allows the real story to be told.

Intuitive – This is about being able to “sniff-out” a story. Such an ability comes with experience and is a vital skill for investigative journalists.

Inside (intimate) – To be a successful investigative journalist one needs to be able to get within people’s lives and heads.

Invest – Investigative journalism requires many investments such as time, energy and money.

The Deeper Meaning and Purpose:

Investigative journalism is grounded by essentially four purposes. It involves critical and thorough journalism, requiring journalists to actively participate and positively invest in the story. Investigate journalists are seen as being the custodians of conscience with a purpose to expose areas of corruption, violence and exploitation which may otherwise remain hidden. This area of journalism provides a voice for those without one - those who have been marginalised and silenced. It is a watchdog and a fourth branch of government that is able to hold all accountable, including the press and independent judiciary, for their actions.

The key concepts of investigative journalism can be broken into two levels: Primary and Secondary. Factors that fall into the primary level are those to do with intervention. The secondary level, on the other hand, includes factors such as standing back (looking at the the big picture) and taking nothing for granted.

The fundamental philosophy that underpins investigative journalism is that journalists must be skeptical of everything BUT not cynical. As stated in the Fitzgerald Inquiry (1989), an investigation into the corruption in Queensland, journalists must always question their sources critically: “Journalists’ uncritical dependence on their sources … can lead to [the media] becoming a mouthpiece for vested interests.”

W.T. Stead

It is very interesting to look at the role of investigative journalism through out history. Edward Hall Smith can be seen to be one of the first investigative journalists in Australia. Smith was responsible for exposing the mistreatment of convicts by authorities in an article he wrote for “The Sydney Monitor” in 1826. W.T. Stead, a journalist and social reformer in England, through investigative journalism unearthed the underworld of child prostitution in England which resulted in the age of sexual consent increasing from 12 to 16. (Fun fact: W.T. Stead died on the Titanic). Other historical investigative trailblazers include Bob Woodward and Carl Bernstein who reported on numerous political ‘dirty tricks’ used by the Nixon re-election committee during his campaign for re-election. Their reporting was responsible for “Watergate.”  Arguably the investigative journalists in Australia that have provoked the greatest change would be Chris Masters, Phil Dickie and Shaun Hoyt. Their Four Corners Episode, “The Moonlight State,” was the stimulus for the Fitzgerald Inquiry.  Essentially, what all this trailblazer investigative journalists have in common is that their investigations changed the world! 

What do we investigate?

Investigative journalists investigate everything! No stone is left unturned. Nothing can be assumed! As the Journalism saying goes, “If your mother says she loves you, check it out!”

Threats to Investigative Journalism:

Essentially the biggest threat posed to investigative journalism is that of PR. With the growth of PR, Journalism has consequently begun to shrink. This is arguably because of their differing purposes and motivations, as shown in table form below:

The Future of Investigative Journalism:

Increasingly, citizens are starting themselves to adopt the role of investigative journalists. Thanks to developments such as YouTube, ordinary citizens are now able to do their own investigations into matters which interest them and then post their findings for all the world to see. The problem, however, with citizen journalism is that citizens lacks the funding, credibility and support work that comes with being a professional investigative journalist. 

Breakfast with Bill Granger

On Wednesday the 10th of October, 2012, I was lucky enough to have breakfast with Bill Granger. For those who don't know, Bill Granger is a famous Australian Chef who has restaurants in Sydney, Tokyo and London just to name a few!

Bill was in Brisbane to promote his new cookbook 'Easy' which is filled with easy, stress-free recipes. He cooked for us the bircher muesli with spiced cranberries as well as the fried eggs with indian spiced potatoes from his new cookbook. They were absolutely delicious!

At the end Bill talked about the process involved in creating such a cookbook. It is much more complex then I ever imagined. After creating the recipe in his head, Bill cooks what he has envisaged, making adjustments during the cooking process. When happy with how the recipe tastes, he gives a copy of his recipe, on a blank sheet of a paper, to a "tester" (someone who has to cook the recipe exactly how it has been written). Bill tastes what the tester creates so that he can see how an ordinary cook reading his recipe at home would interpret it. This process, of making changes and using testers, is repeated many times until the recipe has been perfected and written in the clearest, simplest words possible. And that's just for one recipe (to highlight the enormity of the workload I think it is worth noting that there are 100 recipes in Bill's latest cookbook)!

Bill Granger and I

Journalism, Privacy and the High Court

"Sting' journalism has found legitimacy in the media as an acceptable method of exposing coverups and exploitation or the mistreatment of consumers. Hidden cameras and microphones, once the tools of private investigators and the tabloid press, now provide mainstream news programs with substance for primetime broadcasts. These practices however can create a tension between the public's right to scrutinise questionable activity and an individual's right to privacy. The High Court of Australia recently grappled with these issues in Australian Broadcasting Corporation v Lenah Game Meats Pty Limited."

Click here.

Contemporary Still Lifes

Claire Stening - 'Minty Fog' - 2012

Gone are the days when Still Lifes were a subject which preoccupied by most artists. No longer are we, in modern society, frequently exposed to Still Lifes painted by contemporary artists. So its nice when an ethusiast of Still Lifes, such as myself, stumbles across some recent (as in painted in 2012!) Still Lifes which conform to traditional painterly conventions.

Clare Stening - 'Lady Bug' - 2012

Clare Stening - 'Spring Begins' - 2012

Claire Stening - 'Cinnamon Stick' - 2012

A favourite Artist of mine: Vexta

Vexta is a famous artist from Melbourne whose work is unique and provocative. Vexta began as a street artist, something very much apparent in her artworks. Vexta is inspired by a desire to make images that speak of their time. She powerfully professes in her artist statement for her latest exhibition, to be creating work influenced by "what's happening in the world now." 

Within her artworks, Vexta employs signifiers of Popular Culture such as lines from songs and imagery from mass media. In doing so the artist imbues her works with "the immediacy of life." 

Arguably, what makes Vexta's works so distinctive is her use of technicolour, "both enchanting and ominous, that bears witness to her wrestle between the present, the past, and the spectre of what is to come." 

To view more of Vexta's works click here.

Things NOT to say to a law student

As a Law student, I found this a very funny and relatable read. If I had a dollar for everytime my friends have said "you can defend me in court when I'm older," I think I'd be very well off indeed!

THINGS NOT TO SAY TO A LAW STUDENT

WRITTEN BY NICK

Law students are not a particularly sensitive bunch. Sure, we have existential crises at the start of each semester, but beyond that we are pretty tough. However, there are some things which law students, lecturers, and everyday people say that just cannot continue to be said...

HEY GREAT, YOU CAN DEFEND ME WHEN I MURDER (INSERT NAME HERE)! HAHA!

Before I started my degree, I had no idea how many of my close friends and associates were aspiring career criminals! I mean, they don't even want to know what kind of law I study or even if I'm any good at it. Apparently, they are so desperate to break the law that they will rely upon the advice of the first lawyer they meet who might give them mates rates!

Am I still a person of good fame and character if I am surrounded by the future faces of crime? On a serious note: stop saying this!

SO I HAVE THIS FRIEND...

Then there are the people who honestly want your legal advice. I say this to you; is your problem really going to be resolved by consulting a law student?

I'M GIVING THE ASSIGNMENT AN EXTENSION UNTIL NEXT WEEK

Nooooo! That's not going to help at all! I don't know why lecturers continue to do this and then act like they're doing us a favour. They know that the majority of the work gets done in the last three days before the due date, so absolutely nothing is achieved by extending the date.

Instead, we now have a week of extra stress, and that time is often borrowed from another assignment which is due the week after. Just give us the due date and, if we really need the extra time, we will give you a doctor's note.

WOW, YOU MUST BE SO SMART!

It would be pretty harsh to complain about a compliment like that, but I'm going to anyway. What do you even say to that? Not that it's not a nice thing to say, but when you meet a fashion student do you tell them that they must have great taste? Or tell a police officer that they must have a real sense of civic duty? There might be a grain of truth in it, but it's weird to hear someone say it.