Facebook ruling gives media inquiry purpose

Gen Why?

Josh Taylor

Millennials were raised on technology -- they never had to be taught. So if you really need someone to explain what it all really means, just ask Gen-Y geek Josh Taylor, and he'll blog about it (whenever he feels like it).

The ruling by the Australian Communications and Media Authority (ACMA) that Channel Seven was well within its right to take photos from a public Facebook page should be a reminder to us all.

A couple of years ago, when I was still a starry-eyed journalism student, I was often horrified by journalists who would take photos from people's Facebook page. It was still a relatively new phenomenon at that point, but, nevertheless, I decided to explore the ethics of what was the new-age "death-knock" for journalists seeking photos of the deceased for their story.

At the time, I found that there was still a general reluctance to use Facebook photos in a lot of cases, and there was no clear policy from government, journalist groups or media organisations on whether it was okay to take these photos without asking.

In the almost three years since, it is much more commonplace for journalists to use Facebook photos, and it's not that surprising to see Facebook photos appear in stories all the time. The use yesterday got the nod from the ACMA, which said that Channel Seven was within its rights to use information and photos from the Facebook tribute page of a person who had died, because the page and the photos were available to the public.

The ACMA found that due to the open nature of the tribute page, the absence of privacy settings and the non-sensitive nature of the photographs, Seven did not breach the privacy provisions of the code.

Essentially, the ACMA is saying that if a person doesn't know about Facebook's privacy settings, then they have no one to blame but themselves.

In the years since I first looked at the ethics involved, people are generally much more aware of the privacy settings for Facebook. These days, it's less about keeping away unsavoury media types, and more about ensuring that your boss can't see your drunk Saturday night party photos.

But does this mean that it's entirely up to the user to bear responsibility for their own Facebook page?

To a degree, yes. Facebook makes managing your own security settings fairly obvious, so it's almost impossible to ignore them.

But, at the same time, as the government is undertaking its inquiry into the media, wouldn't it be much more worthwhile to investigate the impact of social media on the practice of journalism, rather than continuing on its witch hunt against publications that don't agree with its policies?

Talkback

While pulling stuff from Facebook seems to be a fairly popular sport these days, have you considered the Copyright implications?
After all, just because the page is publicly available does not mean that you or Channel 7 have any right to use the photographs in any way you wish without first contacting the photographer.

AlanNewAlanNew December 20th, 2011
Report offensive content Reply (+1) (0)

Hi AlanNew,

My understanding is that Facebook owns the copyright of all of your photos you upload to the site. So I guess that would be a battle for them. I thought about raising that issue in my blog but I don't think Facebook would be willing to get involved each and every time some news outlet across the globe uses a photo from its site. It'd be in court more than Apple and Samsung!

JoshTJoshT December 20th, 2011
Report offensive content Reply (0) (0)

Facebook doesn't actually own the copyright in your photos and videos. Instead users grant to Facebook "a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook". This means that a user might well have a cause of action against a media organisation that uses their photos without permission. There are, however, two further complicating issues. First, depending on user's privacy settings, especially if photos are available to the public, the media organisation may be able to argue that the user gave implied consent by virtue of making the photos available in that manner. Second, the media organisation may be able to argue that the use of the photo falls within one of the fair dealing exceptions provided for in the Copyright Act, specifically fair dealing for the purpose of reporting the news.

peterjblackpeterjblack December 20th, 2011
Report offensive content Reply (+3) (0)

Ahh. Thanks for clarifying Peter!

JoshTJoshT December 20th, 2011
Report offensive content Reply (0) (0)

Another aspect worth considering is the fact that there is a relatively large number of young Facebook users, which brings into question their capacity to provide informed consent, implied or otherwise. Irrespective of Copyright or privacy issues, it would be interesting to see whether ACMA would adopt a different view if there were issues raised around vulnerable individuals.

HenrySHenryS December 21st, 2011
Report offensive content Reply (0) (0)

I suggest that if one wants to control use of photos, etc, published on Facebook, provide an explicit statement of the usage conditions. That would override any implied rights.

However, I wonder how such rights could be implied, when the mere publication in other media forms does not confer any such rights. That is, in any other format, making something available to the public does not automatically confer free and unrestricted usage rights. They are still subject to copyright, and unless something explicitly states otherwise, copyright provisions still apply.

PatanjaliPatanjali December 22nd, 2011
Report offensive content Reply (0) (0)
Add your opinion

In order to post a comment, you need to be registered. (Sign In or register below)

Post your comment

Terms of Service - As a ZDNet registrant, and by using this service, you indicate that you agree to our Terms and Conditions and have read and understand our Privacy Policy.

ZDNet Australia Live

@wenhwu And two ZDNet articles ;)

I think it's for the very reasons you mention in your first paragraph that there is no CBA. With the ideological differences and vested ...

20 minutes ago by RealismBias on NBN cost-benefit analyses are so 2011

Yay! RT @lukehopewell: NSW abolishes rego stickers: http://t.co/QGeepgmf

Optus uses Singapore to boost #cloud: Optus has announced changes to its enterprise cloud suite, which will alig... http://t.co/SdQwsoNu

cool RT @joshgnosis: Cool, NSW Govt to ditch rego stickers for cars. http://t.co/0qWEZ48p

Privacy Act amendments hit parliament: http://t.co/evSFcY1D

Google didn't infringe on Oracle patents: jury http://t.co/rbUpPtDI

Good points; but how do you establish consensus about the terms of reference of a cost-benefit analysis? What is to be included? How far ...

46 minutes ago by Gwyntaglaw on NBN cost-benefit analyses are so 2011

Regional review highlights NBN, mobile: Poor mobile coverage across the nation is the biggest telecommunications... http://t.co/4xoofIHY

NBN cost-benefit analyses are so 2011: (Image by US Navy, public domain) On the first point, he is correct: Labo... http://t.co/WP2DDH0L

Optus uses Singapore to boost cloud http://t.co/4KweZf4Z

RT @zdnetaustralia: Optus leverages Singapore to boost cloud http://t.co/yaKRDILg ^ML

I live in a small country town & have done since 2002. When I got to this town it had no mobile phone & no broadband. The only reason w...

1 hour ago by fibretech on Regional review highlights NBN, mobile

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/uBjaFdZq

Optus uses Singapore to boost cloud: Optus has announced changes to its enterprise cloud suite, which will align... http://t.co/nvXHO4Vc

“@ZDNet: The curse of free cloud services: a cautionary tale http://t.co/UsX7fIyl” Lessons to learn for not only user but developers!

Telco regional review becomes a political tug of war http://t.co/Hm2jfVdN ^ST

Hi there, just became alert to your blog through Google, and found that it is really informative. I am going to watch out for brussels. I...

1 hour ago by Uttedsips on Fujitsu Stylistic ST5011

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/SuNgy86q

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/mj4ou8W4

Like most things in life, the devil is in the details. If a cost benefit analysis included a societal element, I'm certain nobody on eit...

1 hour ago by RealismBias on NBN cost-benefit analyses are so 2011

Optus uses Singapore to boost cloud - ZDNet Australia: iTWireOptus uses Singapore to boost cloudZDNet AustraliaO... http://t.co/bchZXTe5

Regional review highlights NBN, mobile - ZDNet Australia: iTWireRegional review highlights NBN, mobileZDNet Aust... http://t.co/3ciPt00F

Optus uses Singapore to boost cloud - ZDNet Australia: iTWireOptus uses Singapore to boost cloudZDNet AustraliaT... http://t.co/9N7AKfe4

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/1lPxYVBu

RT @sidhenz: The new @MDSNZ courses come up for some lively discussion on @ZDNetAustralia http://t.co/L4TOpTtL

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/V988brWP

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/MgDUJCKm #australia #technews

Yay! About bloody time too RT @zdnetaustralia: NSW ditches registration stickers in favour of technology: http://t.co/68RPK1xL ^LH

NBN cost-benefit analyses are so 2011 http://t.co/VHjKdpk5

Regional review highlights NBN, mobile http://t.co/OXAbOuG6

Optus uses Singapore to boost cloud http://t.co/csta3yhS

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/3GipwyLy

RT @erucsbo: #Kaspersky denied #iOS app: #Apple buries its head in the #security sand http://t.co/4ANNtZ1F

by http://t.co/vmlLt4bh: Optus uses Singapore to boost cloud: Optus has announced changes to its enterprise cloud... http://t.co/gkYFcbdt

Optus uses Singapore to boost cloud - ZDNet Australia http://t.co/6r9zbSbL

#Kaspersky denied #iOS app: #Apple buries its head in the #security sand http://t.co/4ANNtZ1F

Optus uses Singapore to boost cloud - ZDNet Australia: It will also result in Optus' Elevate pr... http://t.co/q4mleGq7 #cloud #news #AU

The coalition has done nothing else but keep changing their view over the last 2 years. -first it was "there is nothing wrong with the ...

2 hours ago by djz on NBN cost-benefit analyses are so 2011

Privacy Act amendments hit parliament ( Australia's new privacy act ) http://t.co/GvhD5nIc @liveensure

Regional review highlights NBN, mobile - ZDNet Australia: iTWireRegional review highlights NBN, mobileZDNet Aust... http://t.co/Q1hLU1z8

Use the force Luke... FFS

2 hours ago by Beta on Regional review highlights NBN, mobile

michael kors outlet http://www.michael-kors-discount.com/#5923

2 hours ago by michael kors bag on Best iPhone travel apps

Hey butterflyeffecs and lex, Sorry you're not fans of this piece. But you're dead right in that it is the thoughts and experience of a se...

2 hours ago by LHopewell on Android fragmentation steers Vic Health

teen cams
http://www.aloe-vera.cz handjob

2 hours ago by MyncWenry on Fusion-io ioDrive (80GB)

We have fashional replica bags designer .Replica luxury bags sale here are perfect compromise of quality and price. The replica handbags ...

2 hours ago by Machelle on Telecom NZ CEO Paul Reynolds to leave

It's not a question of whether anyone at HSU would know how to do this, but whether they would have connections with people who could. T...

2 hours ago by meski on CT, phone clone

Fred, I can tell you what the difference between FTTN and FTTH is. FTTH means we will be developing technology and services that we sell ...

2 hours ago by andye on NBN FUD: will Abbott ever learn?

You are 100% right – Abbott is a paragon of tenacity. Now if he could only try that hard to get Malcolm Turnbull's phone number, we co...

3 hours ago by braue on NBN FUD: will Abbott ever learn?

Very interesting to hear Ben and thanks for providing some real-world examples. I suspect the NBN has actually improved things for a grea...

3 hours ago by braue on NBN FUD: will Abbott ever learn?

Hi Geoff, my opening paragraph simply suggests that the leader of the opposition party would rightfully be turning to his communications ...

3 hours ago by braue on NBN FUD: will Abbott ever learn?

Very good point Richard – perhaps one of the most interesting things about this whole debate is how extensively it feeds the collective...

3 hours ago by braue on NBN FUD: will Abbott ever learn?

Yes. I also wonder how much of this intentional subterfuge is actually playing out as part of Turnbull's master plan. Given the rough ri...

4 hours ago by braue on NBN FUD: will Abbott ever learn?

Westpac Management runs STG IT since the take over and it is they Westpac who makes the decisions.

4 hours ago by jeff_syd on St George opts to keep 200 IT workers

No problem! :) You are 100% right – so much of this debate in mainstream media has simply involved parroting what the political leade...

4 hours ago by braue on NBN FUD: will Abbott ever learn?

This story has been voted 12000 times in the last 24 hours!

5 hours ago, Is Bill Gates a great leader?

This story has been voted 10 times in the last 24 hours!

1 day ago, CeBIT 2012 opens: photos

This story has been voted 15 times in the last 24 hours!

1 day ago, Lenovo ThinkPad 3G tablet (32GB)

Facebook Activity

Keep up with ZDNet Australia

ZDNet Events Calendar

ZDNet Events Calendar