-24re-transmitted and that its decision to broadcast it live was a decision taken as a main publisher of that programme in its own right or as a main publisher by virtue of its having authorised publication of the content originating from Channel 9. In their joint judgment, Brennan CJ, Dawson and Toohey JJ stated: “It is true that Channel 7 did not participate in the production of the original material constituting the program. But Channel 7 had the ability to control and supervise the material it televised. Channel 7's answer is that time did not permit monitoring the content of the program between its receipt at Black Mountain and its telecast from the studios in the Australian Capital Territory. That may well be so but it by no means follows that Channel 7 was merely a conduit for the program and hence a subordinate disseminator. It was Channel 7's decision that the telecast should be near instantaneous, a decision which was understandable given the nature and title of the program 51 but which was still its decision. ... In those circumstances it would be curious if Channel 7 could claim to be a subordinate disseminator because it adopted the immediacy of the program. It did that for its own purposes, that is, to telecast to viewers in the Australian Capital Territory and adjoining areas.”52 59. In many instances, publications on the internet involve a qualitatively different process, characterised by open, interactive, “many-tomany” communications made and accessed on platforms provided by internet intermediaries. This is explained by Professor Jack M Balkin53 in the following terms: “Mid-twentieth century mass media – newspapers, television, cable and satellite – were broadcasters, with one entity speaking to many people, and little opportunity to speak back. Twenty first century mass media, the so-called ‘new intermediaries’, are conduits, platforms, and services. They do not necessarily broadcast but facilitate the speech of others, and instead of being a one-to-many, there are many-to-many forms of communication. They include not only broadband companies, but also a whole range of online service providers, like YouTube, Blogger, and their parent company Google; social networking sites like MySpace and Facebook; Flickr, a photo-sharing service owned by Yahoo; and virtual worlds like Second Life. These online service providers offer platforms through which people can find content, create new content, transform existing content and broadcast the content to others ... 51 “The Today Show”. 52 (1996) 186 CLR 574 at 589-590. 53 Knight Professor of Constitutional Law and the First Amendment, Yale Law School. Paper prepared for the Global Constitutionalism Seminar, 2010, Yale Law School, adapted from Jack M Balkin, Media Access: A Question of Design, 76 George Washington L Rev 933 (2008).