19 results for Cheer, U., Unclassified

  • Practical, Legal and Ethical Issues Surrounding Disaster Reporting in Christchurch in the Last Two Years

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    I want to talk a bit about a media project that I started work on over the summer, which is part of a larger project the Faculty of Law at Canterbury is carrying out, investigating the many legal issues that have arisen from the earthquakes.

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  • A Defamation Case in the UK Involving the Qualified Privilege Defence and Why That's Significant for New Zealand

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    I will talk about a significant decision from the UK Supreme Court involving the very important developing qualified privilege defence – the Flood case. (We should have a decision in the Chris Cairns case by then too, so I will mention that briefly as well). The Flood case is important for NZ because it indicates how qualified privilege might develop as a defence over here. This decision was a unanimous one which dealt with what we call a preliminary question as to whether Times Newspapers could rely on a defence of qualified privilege in relation to an article it had published with the headline ‘Detective accused of taking bribes from Russian exiles’. The article contained allegations about a Mr Flood, who was a Detective Sergeant in the Extradition Unit of the Metropolitan Police. In the article, DS Flood was identified as possibly being a police officer at the centre of allegations about bribe taking in return for information from the Extradition Unit.

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  • King v Grundon: The need for real and substantial harm in defamation

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    I want to talk today about a recent decision of the UK High Court called King v Grundon. This was a defamation decision given extempore, which means an oral judgment given by the judge at the time – live, so to speak, or ‘off the cuff’. Such judgments are in the nature of doing immediate justice, but are persuasive only because of their ‘less thought out’ character. This makes the case a bit obscure, but it has an interesting New Zealand connection and is useful as an example of where the law is going and where it might go here.

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  • Censorship and 'Fifty Shades of Grey'

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    I want to talk about censorship of literature today, because the censor’s office just has classified Fifty Shades of Grey, by EL James. This is the book that started life as a piece of fan fiction based on that other classic series of books, the Twilight Saga by Stephanie Meyer. Fifty Shades of Grey, which none of the publishing houses wanted to touch until it took off virally online and became known as ‘mommy porn’. Fifty Shades of Grey is the acceptable book about BDSM (bondage and discipline, dominance and submission and sadism and masochism) sexual practices. It has been suggested the book is so popular because although it is about atypical sexual practices, it is able to be hidden on the kindle, no need to let anyone know you are reading it or the two sequels Fifty Shades Books like these create a bit of a problem for the censorship system. Classics like Lady Chatterley’s Lover, Lolita, De Sade’s Justin, have been around for years, there are lots of them about, and they are accepted to be classics. Fifty Shades is what could be described as an instant classic. The series has sold 350,000 copies here, and it’s been voted Number 5 in Whitcoulls’ top 100 list for 2012-2013. It has sold 40 million copies around the world. Yet on the face of it, the book looks objectionable in terms of our censorship legislation.

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  • Dooley v Smith and Karam v Fairfax: Defamation and public interest cases

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    I want to discuss two New Zealand defamation cases today, both of which tend to show an increasing relaxation or opening up of the law in ways which will benefit media.

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  • The Law Around Leaking and Breach of Confidence

    Cheer, U. (2013)

    Unclassified
    University of Canterbury Library

    As we know, it’s been a month of leaking, blogging and breaching court orders. I thought it would be a good idea to try and answer some general questions around the relevant laws, some of which have got mangled a bit in the reporting. What is a leak in terms of the law? Usually a leak involves a person who works for the government, a private organisation or for another individual publishing information that belongs to their employer and which they only know because of their employment relationship, to someone else who is not entitled to have it. This sort of activity is covered by the law called breach of confidence. This is not a criminal offence, but rather is a civil (or private) claim which one party brings against another. Third parties who receive such information and pass it on even though they know it is confidential, or even if they simply should know it is confidential, may also be breaching confidence. This area of the law is one that often impacts on media, which commonly receives information in unmarked envelopes, anonymous phone calls and so on.

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  • Media law - disaster reporting

    Cheer, U. (2013)

    Unclassified
    University of Canterbury Library

    Today I want to discuss the ongoing issue of how the internet is affecting areas of media law – in this case, defamation law. Many questions have been raised about the issue of publication on the internet and whether it should be treated any differently than publication in any other media, such as hard copy newspapers, broadcasting, on bill boards and the like.

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  • Juries and the use of social media during trials

    Cheer, U. (2013)

    Unclassified
    University of Canterbury Library

    Media reported recently that there may be an attempt to stop the Jesse Ryder assault case because of publication of material that may damage the accused’s right to fair trial. One of the concerns in cases like this is that information will stay on the internet and juries might get access to it later. This really raises the issue of how to apply the sub judice laws to the internet. So today I thought I would talk about a recent study in Australia that has looked at juries and social media. This was a report carried out for the Victorian Department of Justice and published this year. The researchers there looked at what other studies world-wide have shown about what jurors do with social media, and also at what other Commonwealth countries do to address possible prejudice that might arise. This report is only about social media use, not internet use generally, although it must be said that many of the problems identified apply to the internet but perhaps not in such extreme forms.

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  • How the law attempts to deal with hoaxes and pranks in the media that lead to harm

    Cheer, U. (2012)

    Unclassified
    University of Canterbury Library

    Today I can’t avoid talking about how the law attempts to deal with hoaxes and pranks in the media that lead to harm, following the shocking outcome of the prank by Mel Greig and Michael Christian, hosts of 2Day FM Radio station in Sydney.

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  • Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 7 September 2011

    Cheer, U. (2011)

    Unclassified
    University of Canterbury Library

    Discusses how UK newspapers the Sun and Daily Mirror were fined for contempt of court for articles published about a man arrested on suspicion of murdering Joanna Yeates.

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  • Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 29 February 2011

    Cheer, U. (2011)

    Unclassified
    University of Canterbury Library

    The recent Court of Appeal judgment in the Clayton Weatherston appeal, which raised issues of when a conviction can be overturned because of statements made in the media during trial.

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  • Notes for RNZ slot from Ursula Cheer (Associate Professor) Canterbury University, 12 October 2011

    Cheer, U. (2011)

    Unclassified
    University of Canterbury Library

    Ursula Cheer, Associate Professor of Law at the University of Canterbury, discusses the recent Rio Ferdinand decision, a privacy case from the High Court in the UK.

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  • Singh Case and the Campaign to Reform UK Defamation Law

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    Recently, the Simon Singh defamation case became a cause celebre in the UK for a push for big changes in defamation law, which might have relevance to our law. However, some aspects of the campaign for change have been misinformed and misdirected. In a number of recent cases in the United Kingdom, professional bodies or companies have sued individuals who have criticised the support given by such bodies for the practices of their members or application of scientific methods. Simon Singh, a science writer, was sued by the British Chiropractic Association for questioning the evidence for its medical claims, and Peter Wilmshurst, a cardiologist, is being sued over his criticisms of an American company’s heart implant trial. A movement has grown up around these cases where concern has arisen about the chilling effects of the law on scientific criticism.

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  • Harassment, Privacy and Alison Mau

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    Privacy has been in the news again. Alison Mau made complaints on the tele that she was being stalked by media. (this was denied). This story involves aspects of spying, or surveillance, and so it is timely to discuss some recommendations made by the Law Commission in its on-going investigation into our laws of privacy (Invasion of Privacy: Penalties and Remedies (Report 113, January 2010).

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  • Using trespass in newsgathering

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    It doesn’t happen often in New Zealand, but sometimes media use disreputable methods to obtain stories. One of these is trespass. Unauthorised entry on to another’s land is a trespass and is wrongful. The occupier of the land may bring a civil action for damages and, in some circumstances, a criminal prosecution may also result.

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  • Official Information and MP Spending Details

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    Today I thought I’d talk about aspects of the law relating to official information, in the light of the ongoing story about release of details of MP’s spending.

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  • Compelling journalists to disclose sources

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    Courts continue to struggle world-wide with the issue of whether journalists should have immunity or privileges preventing them from being compelled to disclose confidential sources. There have been few subpoenas issued to journalists over the years in New Zealand but none have resulted in imprisonment. It is apparent police have been reluctant to involve journalists in criminal proceedings and where they have been, courts have worked hard to find pragmatic solutions.

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  • Public interest, Torstar and the Lange Cases

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    I want to discuss the very recent decision of the Supreme Court of Canada in the Torstar case. The New Zealand leading case in this area, the Lange case, was significantly influenced by the Canadian Charter and by the contemporaneous development of human rights jurisprudence in a number of jurisdictions. Now it seems the New Zealand jurisprudence has played a significant part in this recent development of Canadian defamation law. This important decision has opened up the law of defamation for media in Canada. It also demonstrates nicely how common law systems of law are part of a robust process of fertilisation and cross-fertilisation of ideas, analysis and experience. The Supreme Court used a comparative analysis to reach its decision, by looking at developments elsewhere, including New Zealand. And in turn, this decision could influence where our law goes in the future.

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  • Thornton v Telegraph Case and Defamation

    Cheer, U. (2010)

    Unclassified
    University of Canterbury Library

    Today it’s back to defamation law, that good old stand-by! A lot is happening in this area in the UK, where, as I think I’ve noted previously, there is an ongoing campaign to free up the laws, and where London is being labelled the ‘libel capital’ of the world, a rather exaggerated claim. In any event, listeners might remember the Singh case discussed previously, where best-selling author Simon Singh had published an article criticising chiropractic and the British Chiropractic Association in the Guardian in 2008. When the BCA sued him, all sorts of prominent people, like Stephen Fry, PEN authors, etc, began to call for change to libel laws, although on rather confused grounds, it has to be said. The main complaints appeared to be about the outrageous cost of defending defamation actions, as well as suggestions that it is too easy for non-English nationals who don’t live in the UK to sue there. Singh won his appeal and the case by the BCA has been dropped, but the campaign has continued, with the new coalition government being convinced to support a review of the laws with a view to reform.

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