Media stories for Thursday:

The Nieman Journalism Lab examines an Ohio court case against the mugshot exploitation business (acquire mugshots, demand money to take them down) with strong possible consequences for news organizations. A key is whether the case might redefine rights of publicity to include public records, including images that haven't been endorsed.

The New York Review of Books features an essay on the value of the copy editor as part of the writing process. Tim Parks concludes that "as the Internet era matures and more authors self-publish online without any editorial assistance, we will begin to grow nostalgic for those finicky copy editors who at least gave us something well defined to kick against."

R.U. Sirius, writing for The Verge, has a look at the information-wants-to-be-free debate and finds that no easy solution is at hand as content is shared and creators are finding it challenging to earn a living. He identifies several significant discussions necessary as society contends with the economic obsolescence --- he concludes the world isn't ready for info to be free --- but is an optimist that society will rescue the creator.
 
 
Of interest to journalism should be a U.S. court case that is setting some new boundaries on the degree of privacy and legal obligation for Tweets.
In this case, a New York court has ruled that Twitter must release about three months of Tweets from Occupy movement protester Malcolm Harris. Police argue those Tweets would help in their cases.
The case is of significance because only now are courts beginning to identify the extent to which prosecutors and defendants have rights to social media. Are they someone's personal property, protected by the terms of service of a social media platform? Or are they public and subject to prosecutorial whim?
Many media have weighed in, but this Christian Science Monitor item has a strong sense of the issue's context.
 
 
The Ontario Superior Court has set a new framework for defamation with political bloggers. In a new ruling it says that the context of blogger debates might make it possible to exchange libels without penalty.

The court said the context of the platform, with lots of freewheeling comments in the mix, might mitigate what would otherwise be considered a libel. If someone were expecting a rejoinder, for instance, the first remarks might not be problematic. The case recognized the different dynamic of an Internet debate.

It is more than likely the case will be appealed, but the ruling sets a different tone for the standards of political blogging on message boards in Ontario, Canada's largest jurisdiction and often a precedent-setting place for communications and media. This case is bound to be watched as it moves up in the justice system.


 
 
The sleeping giant within the cost of gathering news is the legal expense to help journalists publish with minimal risk and to defend with minimal damage. Few constituencies are more stressed than the United Kingdom, where the legal framework is challenging for journalism.

The Guardian reports today on the British Broadcasting Corporation's bills --- nearly 700,000 pounds in recent years --- simply on legal advice to deal with public complaints about its work.

Particular challenge exists to its Middle East coverage and hundreds of thousands of pounds have been spent defending its programming. The BBC had to hire external experts to deal with the details of complicated complaints.

"Senior journalists grumble that the constant stream of complaints and legal challenges ties up staff in mounting a defence, often of individual news items or even single quotes; while at the same time complainants are frustrated by the slowness with which complaints are resolved," the article notes.

Internal concerns at BBC suggest the process of dealing with public complaints is cumbersome and open to abuse. The public broadcaster is examining new procedures to mitigate the problem.
 
 
Journalists in Canada have gained wider legal defence following today's Supreme Court of Canada ruling that grants protection for what it deems "responsible communication."

The ruling means journalists will be immune from challenges of libel or slander if they demonstrate that the issue they are reporting on is of public importance and if they demonstrate they took measures to verify the information.

It means they no longer have to prove the absolute truth of allegations.

It is, naturally, a significant move in Canada and the strongest defence yet of journalistic rights under freedom of expression provisions in the Canadian charter.
 
 

Jennifer Stoddart, the Canadian privacy commissioner, released a report Thursday critical of aspects of Facebook's privacy policies. The company now has 30 days to comply or it faces a court challenge.

Stoddart's report criticizes Facebook for certain practices, including the open nature of applications and their procurement of personal information. Users can deactivate accounts but aren't directed on how to delete data, she notes. And deactivated accounts' information remains captured indefinitely, a violation of Canadian privacy law.

While Facebook puts privacy issues at the top of its priorities, Stoddart noted it still has work to do to comply with Canadian legislation. Facebook has not indicated it will abide her report. Its spokesman said the company expects to resolve the dispute but isn't convinced the courts would uphold Stoddart's complaints.

Canada is rich terrain for Facebook. With a population of slightly more than 33 million, there are 12 million Canadian Facebook accounts.

 

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