Chapter objectives

Together with the next three chapters (on defamation, ethics and professionalism), this chapter will introduce you to the following:

• The social, legal and ethical contexts in which journalists operate on a daily basis

• How the legal system interacts with and impacts on journalism and the news

• Common law as it applies to the work of journalists

• How to deal with the court system

• How to recognise and avoid contempt of court

• We cannot go past the law, so it is important for you to understand the legal implications in any relationship between journalists and the people with whom they deal during the course of their work. This chapter is an introduction only; the law is complex, and so is the world of journalism and news. We recommend that you read a good book on journalism and law relevant to where you are going to work.

You can’t plead ignorance

Words similar to those in Queensland’s Criminal Code operate or prevail in all jurisdictions. Ignorance of the law is no excuse. If it were, everyone could claim they didn’t know what they did was wrong and there would be no need for courts. It would probably be a pretty wild – even dangerous – place out there. Relying on what others say the law is – even those who should know – is no defence either. What this illustrates for the journalist, and everyone else, is simple: to do a professional job as a journalist, you have to know the law. And there is a great deal to know.