Question
Scenario: Sports, love and mystery As far as tabloid television programs go, 'A Torrid Affair' on National Network 4 has to be among the most
Scenario:
Sports, love and mystery
As far as tabloid television programs go, 'A Torrid Affair' on National Network 4 has to be among the most sensational, with its prime-time coverage of celebrity scandal, consumer rip-offs and suburban crime. As the news director (or the advising lawyer) you get to preview the promo for tonight's episode which promises a particularly saucy expose:
The coach, the missing wife and the protege - the power and the passion
He was the Under 16s Queensland women's cricket coach and she was the favourite for selection as wicket keeper in the national squad. [Footage of male coach with his arm around a red-haired female player, with her face masked by pixellation.]
But last year his wife Delvene disappeared and the promising young star moved in with her mentor, Shelton Shah, despite police describing him as the "prime and only suspect" in the murder of his wife. They haven't charged him with murder yet, but a police source has told us that vital DNA evidence has been found in the boot of his car.
In a dramatic new development this morning the flamboyant coach was charged with sexual assault of a minor and the girl was taken into protective custody.
Social media gossip has centred on the pair being seen in the background of these photographs taken by a professional newspaper photographer at an event during a recent tour of New Zealand: [Image zooms in past the main subjects to show the coach with his arm around the girl (face pixellated) as they both sipped champagne on a couch in the background].
And the girl's mother has given us this page from the fifteen-year-old's personal diary alluding to much more than platonic relations: [Still shot of a handwritten diary page focusing on the sentence "Shelton proved he loved me last night - I hope I'm not pregnant."]
Tonight we talk to her team mates about the coach and his girlfriend, and hear theories about the missing wife Delvene from her friends, neighbours and co-workers.
This is compelling viewing. Tune in to watch at 6.30pm and have your say on our 'Torrid Affair' Facebook page.
You are the program 'A Torrid Affair's news director and advising lawyer. Advise 'A Torrid Affair':
a) What are the main media law issues that 'A Torrid Affair' face in this case? What legislation applies?
b) Explain how those media law issues relate to this case and what possible defences 'A Torrid Affair' can take?
c) What are some real court cases / examples / and legislation that are relevant?
d) Assuming the goal of 'A Torrid Affair' is to try to publish as much material online as legally allowable, what course of action would you recommend as the advising lawyer and why?
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