People think media law exists to protect free speech or defend personal reputation. In reality, media law functions as a system for allocating the financial and legal risks associated with damaging someone's reputation through publication.

This episode reveals how defamation, privacy, and copyright law create a marketplace where reputation risks are identified, priced, insured, and distributed between publishers, subjects, and insurers.

In this episode, I explain:

• Why defamation law allocates financial risk of reputational harm, not truth
• How privacy injunctions allocate the risk of information becoming public
• Why copyright in media allocates commercial value risk of creative assets
• How harassment law allocates risk from aggregated online attacks
• Why media insurance operates as the financial engine of this risk economy

KEY TAKEAWAYS:

• Media law allocates reputation risk, not protects speech or reputation
• Defamation law prices the financial risk of reputational damage
• Privacy law allocates control over reputation-altering information
• Copyright allocates commercial risk of creative assets' value
• Media insurance transforms unpredictable risk into predictable cost

REFERENCED TODAY:

• Defamation Act 2013
• Human Rights Act 1998 (Articles 8 & 10)
• Copyright, Designs and Patents Act 1988
• Protection from Harassment Act 1997
• Contempt of Court Act 1981

DISCLAIMER:
This podcast is for general information only. It does not provide legal advice and does not create a lawyer-client relationship. Always consult a qualified professional for advice specific to your situation.

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