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Censorship in Media Law: Key Issues and Standards

This analysis by Fahmi Rais from Curtin University of Technology explores censorship in media law, highlighting major concerns such as obscenity, indecency, violence, and blasphemy. The paper examines legal cases like R v Hicklin and Crowe v Graham that address community standards and the limits of expression. It also discusses the implications of incitement of racial or ethnic hatred and the standards set by Australian law regarding various forms of censorship. Understanding these matters is essential for media professionals navigating complex legal landscapes.

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Censorship in Media Law: Key Issues and Standards

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  1. Journalism 310 - Media Law Fahmi Rais Curtin University of Technology

  2. Censorship: Major concerns • Obscenity • Indecency • Violence/ Horror • Blasphemous • Incitement of Racial or Ethnic Hatred/ Violence • Matters that may result in political instability Fahmi Rais Curtin University of Technology

  3. Obscenity • Offending against contemporary community standard • Broadcast rules (ministry) • R v Hicklin – deprave and corrupt • R v Close - against good taste • Crowe v Graham – offend the modesty of an average person • Indency (lower standard apply) Fahmi Rais Curtin University of Technology

  4. Violence • Deprived and corrupt test applies • Broadcast contents – programmes standard • Violence for violence sake • Violence that may alarm or mislead Fahmi Rais Curtin University of Technology

  5. Blasphemy • Traditionally applied to Christanity (UK) • Dependent on recognition of the religion (Australia) Fahmi Rais Curtin University of Technology

  6. Incitement • Including sedition • Racist violence • Racial discrimination act 1975 • Criminal code section 77 - 80 Fahmi Rais Curtin University of Technology

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