76063 Media Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 77722 Media Law (PG) AND 78165 Media and Entertainment Law and Regulation AND 78166 Media and Entertainment Law and Regulation
Description
This subject explores, analyses and evaluates certain legal restrictions on free speech affecting the media. Specifically, this subject targets the law of defamation, contempt, vilification (or hate speech), censorship (including obscenity, pornography and the National Classification Scheme), selected counter-terrorism measures and privacy (introductory aspects). These laws consist of a wide range of federal and state/territory laws, civil and criminal laws, legislation and common law. The fundamental question arising in each case is whether and, if so, to what extent, the law strikes an appropriate balance between free speech on the one hand and relevant competing interest(s) on the other.
Students examine the restrictions in operation through selected case studies, in the context of broader theoretical, constitutional and policy considerations as well as from different perspectives to develop a coherent understanding of their nature, scope and application as well as evaluate their effectiveness, appropriateness and serviceability. Students also identify emerging issues and challenges of regulating the media and free speech, notably those posed by online communication, and evaluate proposals for reform. Throughout the subject, students construct and communicate coherent and reasoned views and arguments to support their analyses and evaluation of the law, its operation and recommendations for reform.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Examine, evaluate and explain key media laws, related principles and concepts and the broader theoretical, constitutional and policy contexts informing the regulation of the media and free speech. |
|---|---|
| 2. | Identify, analyse and apply relevant media laws and generate solutions to contemporary media law problems. |
| 3. | Critically analyse and evaluate a range of perspectives and opinions relating to the issues and challenges of regulating free speech and the media. |
| 4. | Construct clear, succinct, reasoned, justifiable and persuasive legal and scholarly analyses and arguments. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Student preparation and blended learning
Students engage in independent study to develop, deepen and consolidate knowledge and understanding of relevant issues. Students are expected to read and engage with media and other sources to enable active participation and learning in seminars and lectures. To assist preparation, students can ask questions on Canvas and receive guidance from their peers and/or the teacher. Information provided in Canvas includes an outline of each topic with key issues and questions to be considered in class as well as information about seminar participation activities. The blending of offline and online preparation and learning will enhance student participation in the class discussions and promote further learning. The use of discussion board posts and critical reflections on other students’ posts will help guide students on the identification of legal issues that are relevant to this subject, including issues featured in the media throughout the subject, and will help develop their capacity to analyse these issues.
Strategy 2: Participation in lectures and seminars
The major component of each class will be seminar discussions on set topics based on readings that students have completed ahead of class. Seminars provide a key learning experience in this subject. Students participate in seminars by contributing to class discussions to facilitate in-depth critical analysis and evaluation of selected issues, testing of ideas and arguments, keeping up-to-date with media law developments as well as developing oral communication and collaborative skills.
Each class will include some content delivered as a short lecture, and there may be additional lecture content posted online. Lectures introduce topics and assist students to navigate the complexities of media law and policy. Students participate in lectures by seeking clarification on complex concepts and by discussing selected contemporary issues which places the law in context.
Strategy 3: Workshops with industry guests
The subject includes a strong emphasis on the practical application of the law and, in particular, how restrictions on speech affect media organisations and other platforms used for the publication of news and information. Industry guests who are current practitioners will present workshops on the two major topics covered in the subject (defamation and contempt). The objective of these sessions is to give students the opportunity to consider how practitioners apply the law, and what might be involved if they choose to pursue a career as in-house counsel.
Subject Delivery:
Blended delivery involving both face-to-face and online learning. In general, face-to-face classes will be offered for each of the three-hour weekly sessions, although some online learning may be used where suitable.
Content (topics)
- Freedom of Speech
- Defamation
- Open Justice and Contempt
- Hate Speech or Vilification
- Selected Counter-Terrorism Measures
- Privacy (introductory aspects)
- Censorship
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
|---|---|
| Weight: | 10% |
| Length: | 750 words (notional) |
| Criteria: |
|
Assessment task 2: Group Presentations
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
|---|---|
| Weight: | 10% |
| Length: | 750 words |
| Criteria: |
|
Assessment task 3: Defamation Case Analysis
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.5.1 |
|---|---|
| Weight: | 35% |
| Length: | 950 words (excluding the footnotes and the bibliography). A deviation of 10% is permissible. |
| Criteria: |
|
Assessment task 4: Advanced Media Analysis
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
|---|---|
| Weight: | 45% |
| Length: | 1450 words (excluding the footnotes and the bibliography). A deviation of 10% is permissible. |
| Criteria: |
|
Required texts
- The textbook is Australian Media Law (Thomson Reuters, 6th ed, 2021), edited by Sharon Rodrick, Jennifer Ireland, Brendan Clift and Lesley Power.
- Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) [AGLC4] – you can purchase a copy, or view it online via the UTS Library's catalogue.
Required materials:
- Other materials will be posted in the Reading List and in the learning modules.
- Defamation Act 2005 (NSW) - note that significant amendments came into force on 1 July 2021, so we'll need to refer to both the current and superseded versions of the Act.
Recommended texts
- David Rolph, Matt Vitins, Judith Bannister, Daniel Joyce, Jason Bosland, Michael Douglas, Jonathan Gill, Media Law: Cases, Materials and Commentary (Oxford University Press, 3rd ed, 2022) [Rolph et al].
Other resources
Journals
- Communications Law Bulletin
- Gazette of Law and Journalism
- Media and Arts Law Review
Useful Websites
- Australian Classification <www.classification.gov.au/Home.aspx>
- Commonwealth Attorney-General's Department <www.ag.gov.au>
- Federal Register of Legislation <www.legislation.gov.au>
- NSW Legislation <www.legislation.nsw.gov.au>
- Reporters Without Borders <https://rsf.org/en>
- Review of Model Defamation Provisions <https://dcj.nsw.gov.au/about-us/engage-with-us/past-consultations/statutory-reviews/review-model-defamation-provisions.html>
Useful media sources
- ABC Radio National's Law Report, broadcast on Tuesdays at 5.30pm, repeated on Wednesdays at 5.30am, transcript and audio available at <www.abc.net.au/radionational/programs/lawreport/>
- ABC Media Watch, broadcast on ABC TV on Mondays at 9.15pm and available on iView, transcript and broadcast available at <www.abc.net.au/mediawatch/>
- Fourth Estate, a weekly media program on 2SER <https://2ser.com/fourth-estate/>
- The media section of The Australian (mostly updated on Mondays): <https://www.theaustralian.com.au/business/media>
- The media section of The Sydney Morning Herald (mostly updated on Mondays): <https://www.smh.com.au/topic/media-and-marketing-5z7>
- The media section of The Guardian: <https://www.theguardian.com/au/media>
- Mumbrella: <https://mumbrella.com.au/>