International and Comparative Journalism Law
Ahran Park & Kyu Ho Youm
Globalization of journalism has accelerated in recent decades thanks to borderless cyber technologies and expanding cross-border media operations. As a result, media law is no longer limited to domestic issues. International and comparative law is increasingly relevant as news media and journalists are subject to a wider range of legal and extra-legal restrictions. In 2002, for example, the International Criminal Tribunal for the former Yugoslavia recognized the journalistic privilege of war correspondents to protect their sources under the Universal Declaration of Human Rights. This international recognition of journalist's privilege contrasts with U.S. law in which journalistic confidentiality varies by state. The High Court of Australia in Dow Jones & Co. v. Gutnick (2002) held that an American newspaper publisher was subject to Australian law because a defamatory article was “published” there when it was downloaded by a user in Victoria. The Australian court rejected Dow Jones's argument that U.S. International ...