The Media and Law Reform (VCE SSCE Legal Studies): Revision Notes
The Media and Law Reform
Introduction
Media plays a crucial role in law reform processes. The widespread adoption of social media in Australia and internationally has enabled individuals and groups to create interest in, and build awareness of, issues at local, national, and global levels. Understanding how media functions in law reform helps us appreciate both its power and its limitations.
What is media?
Media refers to the methods and channels through which information is shared with the public. It encompasses various forms of communication used to reach large audiences.
Types of media
There are three main categories of media:
Print media includes published materials such as:
- Newspapers and magazines
- Journals and books
- Brochures and billboards
Broadcast media involves transmitting information through:
- Television programmes
- Radio broadcasts
Digital media distributes information via the internet and electronic devices:
- Websites and e-books
- Podcasts and live video streaming
- Virtual reality experiences
- Social media platforms (TikTok, Snapchat, Instagram, YouTube, Facebook)
The lines between these categories have become increasingly blurred with technological advancement. Many traditional print newspapers now have digital editions, and broadcast media organisations stream content online. This convergence has created new opportunities for media to reach audiences through multiple channels simultaneously.
Evolution of media
Technological advances have transformed how people access information. As media has shifted from traditional formats (newspapers, television, radio) to digital platforms, audiences now consume news in diverse ways that extend far beyond reading daily papers or watching evening news broadcasts.
The role of media in law reform
Media's capacity to reach vast audiences enables it to fulfil several important functions in law reform processes.
Informing and raising awareness
Media serves as a vital tool for educating the public about social, political, and legal issues. It highlights injustices and explains why law reform is necessary. Additionally, it provides a platform for parliament, government, and political parties to communicate their law reform priorities to the community.
The reach of media is substantial:
- Approximately 83% of Australians maintain active social media accounts, spending nearly 2 hours daily on platforms like TikTok, YouTube, Facebook, WhatsApp, Instagram, and LinkedIn
- About 97% of the population reads newspapers weekly (in digital or print format)
- Popular radio breakfast shows can attract over 120,000 listeners each morning
These statistics demonstrate media's powerful capacity to influence public discourse on law reform issues.
Media organisations sometimes use their platforms deliberately to raise awareness about legislative issues. A notable example occurred on 21 October 2019, when Australia's major newspapers coordinated a campaign by publishing 'redacted' or 'blacked out' front pages.
Campaign Example: The 'Right to Know' Campaign
On 21 October 2019, Australia's major newspapers took unprecedented coordinated action by publishing 'redacted' or 'blacked out' front pages. This action was part of the 'Right to Know' campaign, formed by leading media organisations to protest legislation they believed restricted media freedom.
Impact:
- Generated significant national discussion about media freedom
- Raised awareness about issues related to government secrecy and press freedom
- Drew attention to the authorities' raid on a journalist's home for publishing classified information
- Demonstrated the power of coordinated media action in promoting law reform debates
Assessing levels of community support
Media helps parliament, government, political parties, and voters themselves determine the level of public support for proposed law reforms.
Media polls (surveys) represent the most traditional method of gauging public opinion. These surveys measure what readers, viewers, and listeners think about particular social, legal, or political issues, or which concerns matter most to them. Results are typically published with commentary explaining their significance, enabling decision-makers to assess public sentiment.
Survey Example: The Ipsos Issues Monitor
The Ipsos Issues Monitor is an ongoing survey identifying which issues concern Australians most. Topics covered include crime, healthcare, transport, and cost of living.
December 2022 Survey Results:
- Cost of living: 58% (top concern)
- Healthcare: 36%
- The economy: 33%
- Housing: 31%
- Petrol prices: 22%
Such findings may prompt governments to introduce legislation addressing these concerns, demonstrating how media polls can directly influence law reform priorities.
Other methods for gauging public opinion include:
- Using data analytics tools to track online behaviour (clicks, reads, page views)
- Monitoring 'letters to the editor' in newspapers and comments on digital news articles
- Measuring engagement metrics on social media (likes, shares, retweets)
Influencing community opinion
Given the prominence of major media organisations, media can shape how communities think about particular issues. Radio broadcasters with large audiences, for instance, can influence listener perspectives on specific legal matters, especially when those listeners lack alternative information sources.
Media conducts investigations into local, national, and global events and circumstances. These investigations often aim not only to inform and generate interest but also to shape community opinion and pressure governments to take action.
Documentary Films as Catalysts for Law Reform
Documentary films have proven particularly effective at highlighting injustices and building support for law reform. By combining visual storytelling with investigative journalism, documentaries can create emotional connections with audiences while presenting factual evidence of issues requiring legislative attention.
Documentary films have proven particularly effective at highlighting injustices and building support for law reform:
Documentary Example: KaChing! Pokie Nation
- Viewership: Over 1.5 million people
- Focus: Exposes the addictive nature of poker machines
- Objective: Argues for gambling law reform
- Impact: Raised public awareness about gambling addiction and contributed to debates about poker machine regulation
Documentary Example: Blue
- Viewership: Approximately 3 million people
- Focus: Demonstrates harm to Australia's oceans and Great Barrier Reef from pollution and overfishing
- Objective: Advocates for stronger environmental protection laws
- Impact: Contributed to increased public pressure for marine conservation legislation
Documentary Example: Dominion
- Focus: Raises awareness of animal abuse in Australia's food, clothing, and entertainment industries
- Objective: Encourages viewers to demand stronger animal protection laws
- Impact: Following activist demonstrations in 2019, the documentary was viewed 55,000 times in just 48 hours, demonstrating the rapid spread of content that resonates with public concern
Television programmes have also influenced law reform. The relationship between media investigations and government action is sometimes remarkably direct.
Television Investigation Example: Four Corners 'Who Cares?'
Timeline:
- 2018: The Commonwealth Government announced a Royal Commission to investigate aged care services
- Announcement came just one day before the ABC broadcast the first part of a Four Corners programme titled 'Who Cares?'
Programme Details:
- Viewership: Approximately 755,000 people
- Content: Hidden camera footage and stories revealing neglect, poor quality food, inadequate personal care, and severe loneliness in some aged care facilities
Significance: The timing suggests the media investigation prompted immediate government action, demonstrating media's power to influence law reform through investigative journalism.
Issues and limitations in the role of the media
While media plays an important role in law reform, several factors affect its effectiveness and reliability.
Media concentration
Media concentration refers to the ownership of mass media by very few individuals or groups. Australia is widely recognised as having one of the most concentrated news media markets globally. Traditional print media, television and radio networks, and online media are controlled by a small number of individuals and corporations.
Understanding Australia's Media Landscape
Although many brands, networks, and newspapers exist in Australia, some are owned by the same individuals or organisations. Two major media organisations—News Corp and Nine Entertainment Co—dominate print ownership, controlling approximately 82% of Australia's metropolitan and national print media markets by readership. The Australian Broadcasting Corporation (ABC) operates an extensive network of television and radio stations broadcasting to nearly all areas of Australia.
These three media organisations have faced criticism for allegedly showing political bias. News Corp Australia, which publishes the Herald Sun in Victoria, is perceived to have a 'right/conservative' bias, generally supporting the Liberal-National Coalition. The ABC has been criticised for having a 'left bias'.
Why Media Concentration Matters
Media organisations can influence community views on legal, social, and political issues by determining what information and content they publish or broadcast. This power becomes particularly significant when concentrated in few hands, as it can:
- Shape public discourse on law reform issues
- Determine which stories receive coverage and which are ignored
- Influence the framing of debates about proposed legislation
- Affect public perception of the need for legal change
Former Prime Minister Kevin Rudd has been particularly vocal about media ownership concentration, even starting a petition on this issue.
The risk of spread of misinformation
Digital platforms serve as key sources of news and information. However, the spread of misinformation on these platforms represents a significant concern.
Misinformation spreads widely online because:
- The online environment is not regulated in the same way as traditional media organisations
- Anyone can share 'news', including people who are not journalists and do not follow codes of ethics
- Information can be quickly disseminated and shared
Impact of Misinformation on Law Reform
Misinformation can:
- Erode people's trust in professional information sources (healthcare experts, scientists)
- Generate debate about law reform based on inaccurate or incomplete facts
- Create distrust in governments and organisations
- Undermine informed democratic decision-making about legal changes
Recent examples include misinformation about:
Misinformation Example: COVID-19
During the pandemic, significant false information contradicted public health experts' views about:
- The nature and severity of the virus
- Effectiveness of public health measures
- Vaccine safety and efficacy
- Risk management strategies
This misinformation complicated efforts to implement evidence-based health laws and regulations, demonstrating how false information can obstruct necessary law reform.
Misinformation Example: Climate Change
People have spread inaccurate information about:
- Climate science fundamentals
- The causes of climate change
- The effectiveness of proposed environmental policies
- The urgency of climate action
This misinformation has influenced public debate about environmental law reform, potentially delaying necessary legislative responses to climate challenges.
The use of algorithms
Platforms like Facebook and Google have transformed how people consume news through their use of algorithms—sets of instructions telling computers what to do. Social media sites use algorithms that learn from individual user behaviour, then show users content the site predicts they will read or enjoy, keeping them on the site longer.
While algorithms can help people access relevant and engaging news, they present several concerns:
Limited Exposure to Diverse Viewpoints
Users may not read news they 'should' read or consider alternative perspectives. They might remain unaware of particular issues or injustices because they are only shown content based on previous reading habits. This creates "filter bubbles" where people only encounter information that confirms their existing views.
Impact on Informed Decision-Making
This filtering may affect people's ability to become informed about, and develop appreciation for, the need for law reform. It can potentially limit the content people read on particular issues, creating a less informed citizenry when it comes to evaluating proposed legal changes.
Much remains unknown about how algorithms are used and whether they might ultimately prove useful in delivering news content. The lack of transparency about algorithmic processes makes it difficult to assess their full impact on law reform debates.
Political bias in newspapers
Some newspapers have used front pages to comment strongly on law reform or voting preferences, raising concerns about journalistic objectivity.
Bias Example: "KICK THIS MOB OUT"
A Daily Telegraph front page from 5 August 2013 (one month before a federal election) featured the headline "KICK THIS MOB OUT". This was criticised for showing political bias by explicitly advocating for a change in government rather than presenting balanced reporting.
Bias Example: "DAN-MADE DISASTER"
A front page with "DAN-MADE DISASTER" targeted Victoria's Premier during the COVID-19 pandemic. This headline was criticised for showing bias against the Victorian Government and for potentially undermining public health messaging during a critical period.
Summary: comparing different types of media
Social media
Strengths:
- Creates interest and awareness of social, political, and legal issues on a massive scale
- Allows real-time sharing between large groups of people
- Enables capture and broadcast of images, videos, and livestreams to huge audiences
- Connects people globally, raising awareness of international issues domestically
- Provides direct access to political parties and parliamentarians, increasing accountability
- Allows law-makers to monitor coverage and gauge public opinion
Limitations:
- Information can be unreliable as posters don't follow codes of ethics followed by reputable journalists
- May not be accurate, authenticated, or impartial
- Highly visual content can oversimplify complex legal issues
- May evoke emotional responses based on limited facts
- Platform owners have struggled to stop spread of harmful or inaccurate stories
- Excessive exposure to graphic images may cause desensitisation
- Algorithms can influence what people read and limit viewpoint diversity
Print and broadcast media
Strengths:
- Still accessed by millions weekly despite digital competition
- Can investigate, report, discuss, and inform about social, political, and legal issues
- Assists parliament, government, and political parties in determining community support through surveys
- Can conduct investigations prompting government action
- Established codes of ethics and professional standards
Limitations:
- Questions exist about whether information is always presented in unbiased and independent manner
- Broadcasting time may favour individuals or groups supporting owners' views
- Direct messaging on newspaper front pages may attempt to change community perception or voting behaviour
- High concentration of media ownership (particularly print) gives largest organisations significant power
- Social and online media may have more powerful impact due to instantaneous nature and large user base
Remember!
Key Points to Remember:
- Media encompasses print, broadcast, and digital forms, all playing important roles in law reform
- Media informs the public, assesses community support, and influences opinion about law reform needs
- Approximately 83% of Australians use social media, while 97% read newspapers weekly (digital or print)
- Media investigations and documentaries can generate awareness and prompt government action
- Australia has one of the most concentrated media markets globally, raising concerns about bias
- Misinformation spreads easily online, potentially undermining informed debate about law reform
- Algorithms influence what content people see, potentially limiting exposure to diverse viewpoints
Key Terms:
- Media: The way information is communicated to the public
- Social media: Digital tools and platforms for sharing information in real time
- Media concentration: Ownership of mass media by very few individuals or groups
- Misinformation: False or inaccurate information spread to others
- Algorithms: Sets of instructions that determine what content users see online
Exam Guidance:
When analysing the role of media in law reform, go beyond simply explaining what media does. Examine in detail how media assists, promotes, restricts, or limits potential changes in law.
Best Practice:
- Identify specific components of media's role
- Provide detailed commentary on those parts
- Use concrete examples from recent media campaigns or investigations to support your analysis
- Consider both the strengths and limitations of different media types
- Evaluate the impact of media concentration, misinformation, and algorithms on law reform processes