Media Law - Week 1 Lecture Notes

Media Law - Week 1 Lecture

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IAP Information!

- All internships and attachments are to be self-secured!

- Get a CV, Cover Letter, done.

- If you apply for SPH and Mediacorp, then you cannot apply to anybody else! And you might not even get in, there are very limited places.

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Media Law

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Media Law
NAFA
All sports projects

--> Chidambaram Selvaraj is in charge

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Civil Law vs Criminal Law!

Civilians have a right to sue someone!

Police have a right to send that someone to prison!

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Understanding Law

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1) What is Law?

3) Major Legal Systems

3) Classifications and Sources of Law

- Institutional source --> laws in a book, legislation, already set down
- Common source --> A decision passed that becomes the law! Decided usually by the judge. E.g. How long you are put in jail for, 4/5/6 months. Precedents are set.

A judge must follow a precedent! If it is a new case, whatever the judge decides, becomes the precedent, it because the law for others to follow.

However, if people feel the new ruling is unfair, Parliment can convene to discuss and decide it, and whatever they decide to change and not change, becomes the law and the precedent.

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1) What is Law?

Tons of definitions. It is hard to define. It depends on how you look at it.

Major Schools of Thoughts

1) Naturalism (Is it fair? What were the circumstances? Was there a valid reason?)

- Collection of rules based on reason and nature
- Justice and morality taken into account

2) Positivism (You are still wrong. Black and white. When you are late, it means you are late. No questions asked, no mercy given)

- Command type rules laid by a governing body
- Enforceable by sanction


3) System of rules and regulations

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Law Equals Morality?

- Expectations that laws are fair, just and acceptable

- Should law be based on morals?

- Who determines morals and to what standard?

- Should law be the guardian of public morality?


These are questions that we have to answer ourselves, because each of us has different standards of morality?

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Basic Concepts of Law

- Law is definitely a system of rules

- But these rules are not universal

- Sources of Law: - Institutional
- Common Law

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Institutional Law

- Laws created by institutions that have the power to create law

- Statute Law

- Delegated Legislation - People/ organisations delegated authority to make their own rules!

- Informal Rules - Things that everybody knows, but not expressly written down.

- Procedural Rules - Certain things that you must do in order!

- Interpretative Rules - Rules that can be interpreted differently by different people?

- Instructions to Officials - Mass instructions given by the authorities in charge to lesser authorities.

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Common Law

- RUles of law that have evolved through court cases as opposed to the ones laid down by Parliament.

- very much influenced by the Common Law forms of something something :s


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Why Study Law?

- Cement of society

- Medium of change

- Increases understanding of public affairs

- Promotes accuracy of expression

- Increases understanding of social values - helps us to understand different cultures and ways of society.

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Divisions of Law

1, Criminal - Actions that the police can take against criminals! Fines, that go to the government, not the victim of the criminal.

- Punishes: Penal in nature!

- Concerned with acts harmful to society

- Crimes: Homicide, assault, theft, etc.

2. Civil - Civilian rights! Sue-ing, reporting things to the police.

- Compensates person who has been wronged

- Other points I missed ):

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Statute Law (Institutional and common law) --> Superior to case law!

- Laws passed by Parliament in the form of Public Acts.

- More important source of law for commercial activity.

- Rapidly update-able in response to changes needed in the law


Case Law (Only used in common law)

- Decisions handed down by the judges.

- Decisions recorded in law reports for future references

- Can be amended by Parliament


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Legal Systems

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Civil Law System vs Common Law System

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Simillarities between Civil Law and Common Law Systems

- Rules forbidding or enjoining certain types of behavior

- Etc etc other points in notes

- Courts determine what the rules are and when they have been broken etc etc

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The Judiciary System!

Court of Appeal --> High Court --> Small Claims Tribunals ----------> These five courts are the Subordinate Courts!
--> Coroners' Court
--> Juvenile Courts
--> Magistrates Courts
--> District Courts

There is a system. Court of Appeal has three judges. We go up the system. The small claims and other small courts first. If you are not happy with the ruling, you can appeal, and then you will be taken to the High Court. Winners can appeal too.

The High Court has jurisdiction over certain kinds of cases?

Original Jurisdiction ----> These three make up the High Court!

- Civil (Million dollar cases)
- (Criminal) Murder, etc

Appellate Jurisdiction ( I don't get this one)

- Civil
- Criminal

Admiralty Jurisdiction

- Shipping involved cases!


And above that there is the Court of Appeal!

- Civil
- Criminal

too!

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There is also the Court of Muslim Law! Administration of Muslim Law

Syariah Court.

You can only use it if you are a Muslim, and it only deals with family matters.

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Sources of Singapore Law!

- English Law

- Principles of Common Law
- Principles of Equity
- Certain Acts passed by the English Parliament (e.g. Sale of Goods Act, Unfair Contract Terms Act, Partnership Act, etc)

We have the same copyright law as Australia!
And the same Penal Code as India

Because those are excellent.


- Local Law

- Acts passed by previous Colonial legislative bodies and by the Singapore Parliament
- Cases decided by local courts
- Customary law and custom

These laws are unique to Singaporean traditions and things that we have accepted from different traditions and cultures!

The Law recognizes this to a certain extent.

For example, a husband who dies and leaves behind a wife and kids, but also another wife and child who is revealed later. Does the second wife have rights over the the husband's body and possessions?

By Law, No.
By Custom, Yes. The husband accepted the woman as a wife :/

The court will recognize the point to a certain extent.

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The Constitution of Singapore

- Supremacy of the Constitution
- A higher law which gains precedence over all other laws

- prescribes sytem of ogvernment and regulates the excercise of governmental power

- safeguards fundamental liberties



- Three Organs of the Government

- The Legislature
- The Executive
- The Judiciary
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1. The Legislature comprises of the President and the Parliament

- The Legislature is the Parliament..

2. The Executive comprises of the President, the Prime Minister and the Cabinet.

- Cabinet ministers are appointed by the Parliament.

3. The Judiciary comprises all the judges of the Supreme and Subordinate Courts

- Responsibility for the administration of justice

- Assumption that the judiciary is independent
- Should not be controlled by either the Legislature or the Executive!
- Should be able to mete out judgments without fear of anything.

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1. Details about Supreme Courts! (In notes) (Please check)

2. Details about Subordinate Courts! (In notes) (Please check)

--> All these details help you understand which court and where it should start! (:

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How are cases decided?

- Observance of "stare decisis" - let the decision stand

- a judge is bound to follow decisions of superior courts in the judicial hierarchy when deciding a similar face case! If the High Court has set a precedent, the subordinate courts will have to follow that.

- cornerstone of the development of the Common Law

- also known as the doctrine of binding precedent or judicial precedent


Why do this? It makes things easier. Cases can be done faster and more efficiently, you can decide better if you know what has happened before.

So why even hire a lawyer? The lawyer thinks he has a chance of presenting the case as being DIFFERENT from the previous cases with the precedents, getting the client a better and more favorable verdict.


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- A day in High Court costs about $30 000 - $40 000 per day, including court fees and everything.

- It is very efficient! Transcripts can be gotten almost instantly, so you can prepare your next day's trial. That's why it costs so much

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The Process of Litigation

- Using the court system to obtain relief as against where some civil wrong has been suffered
- Formal process of dispute settlement
- Judge is sole arbitrator of fact and law
- Advocate's role is to represent/persuade court on behalf of client
- Usually results in a "win-lose" situation

Should you fight your own case? Lol no no no crazy. Even T.T Durai didn't fight his own case. He knew the loopholes, how scary the courts can be.

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Alternative Dispute Resolution

- Mediation

- Neutral third party mediator with a facilitative role
- helps parties identify issues in dispute and arrive at a compromise of their own!
- Looks for be a "win-win" situation.

- Arbitration (Only in business! Not criminal)

- Dispute heard by expert arbitrator appointed by parties
- If you choose to do this, you cannot go to court at all.
- It is very fast, and is done by an expert in the field!
- An arbitrator's award (judgement) cannot be appealed. Once decided it is done.
- An arbitrator's award is recognized almost everywhere in the world! As opposed to different court systems in the world.

- Arbitrator not necessarily legally trained - can be an industry expert
- Must be 35 years old!
- When you engage an arbitrator, you know exactly your cost! As opposed to trials that can drag on for days on end...
- Parties are represented by counsel, by lawyers.
- Parties can argue the arbitrator's award only by showing that the arbitrator has not been fair. Otherwise, no.

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Places where mediation and arbitration is conducted in Singapore..(Check notes please)

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Criminal vs Civil

- Difference between crime and civil wrong
- Not in the act itself
- Depends on legal consequences

- Difference in procedure/outcome/terminology

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Civil Proceedings

- Plaintiff sues defendant

- Plaintiff brings action against defendant

- Judgement for Plaintiff/Defendant

- Either a pay sum of $$$/property
- Or an injunction (an order to stop doing something) --> harassment, loud music, etc.
- To perform a contract (an order to DO something) --> a contractor building a swimming pool too shallow for diving when it was agreed upon earlier for a deeper pool in contract..the courts will ask the contractor not to pay damages, but to build the pool again.

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Common Mistakes

- "criminal action" --> criminal prodecure

- "civil offence" --> civil action

- "plaintiff prosecutes"

- "accused was sued"

- "trespassers will be prosecuted" --> but only the police can do it! Only the police can prosecute.

- "guilty/liable" --> there is a difference. You may be found guilty. You are liable.

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- Criminal proceedings

- R v Sykes
- PP vs (something :s)

- Civil proceedings

- Plaintiff v Defendant --> Get the terminology right!
- Rylands (Plaintiff) vs Fletcher (Defendant)


- Appellant v Respondent
- Fletcher vs Rylands


- Petitioner v Respondent
- Thomson v Thomson

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What is a Civil wrong

- Breach of Contract

- Contract need not be in a formal document

- Tort
- Civil wrong that is independent of contract (e.g. assault, batter, etc)

- Breach of Copyright

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Statutes

- Passed by Parliament

e.g. Penal code, Ngee Ann Polytechnic Act

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Law is continuously evolving!

1.The law has to adapt to changing times and circumstances! It is not fixed. It is not immutable.

2. It affects each and every one of us

3. You cannot run away from law itself, more so if you are doing media.