FSML Exam 2021 sem 2 - Exam PDF

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THE UNIVERSITY OF MELBOURNE Law Breadth

BLAW10002 Free Speech and Media Law TAKE-HOME EXAMINATION Semester 2, 2021 To be downloaded:

Tuesday 9 November 2021 on the LMS from 11:00am AEDT

To be submitted:

Tuesday 9 November 2021 on the LMS by 1:30pm AEDT*

INSTRUCTIONS FOR CANDIDATES Please read ALL of these instructions carefully, they may vary between subjects. 1. Mark value. This examination is worth 50% of your total assessment for this subject. 2. Questions. This examination paper contains 7 questions. Students must CHOOSE and answer ONLY 2 questions. Each question is worth 50% of overall mark for this examination. If you require additional information to answer any question, identify clearly the nature of the required information and indicate how it would assist you in providing your answer. 3. Word limit. 3,000 words. 4. Referencing. Please reference using footnotes. A bibliography is not required for this exam. 5. Cover sheet. You don’t need to use a Law School coversheet. Put these details on the first page of your submission (and in the header or footer): a. Your student ID number (not your name) b. Subject code and subject name c. A word count 6. Plagiarism & Originality. Answers must be the sole, original work of each student. Consequently, students are strictly prohibited from consulting each other or any other person in relation to this exam. All pieces of assessment will be put through an electronic plagiarism check and will be retained for future plagiarism checking. This exercise is subject to all the rules governing assessment in the Melbourne Law School and the university. It is your responsibility to be aware of all those rules, including the rules on academic misconduct. See www.academichonesty.unimelb.edu.au for more information. 7. Late Submission: Late submissions are not accepted; please ensure you begin submitting your assessment at least 10 minutes before the end of the examination. Please ensure you submit but the ‘due time’ not the available until time. 8. Queries. If you have any queries regarding the exam, please contact the Academic Support Office at [email protected] within one hour of its first release and state what the query is and why you think it needs to be resolved. Questions that warrant an answer will be published with an answer on the LMS. Students are not permitted to make direct contact with the lecturer about the examination paper. Please note that any clarification or corrections will be sent as a Canvas announcement. Ensure LMS Canvas notifications are enabled and you check your student email account. 9. Submission: All papers must be submitted electronically via LMS Canvas under Assignments, please ensure you submit under the correct subject and assignment. If you encounter problems submitting via LMS you MUST follow the instructions regarding accessing Canvas Support on the Canvas assignment link. *Students with approved academic adjustments should refer to the Canvas assignment for their due date & time.

Copy of paper is not to be stored by the Law Library

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Answer any two of the following questions (each worth 50 per cent):

1. ‘The protection of privacy should be a broad ground for allowing courts to depart from open justice.’ Discuss with reference to the rationales for open justice and freedom of speech. 2. ‘The law of sub judice contempt does not adequately balance the right to a fair trial and the right to freedom of speech.’ To what extent do you agree or disagree with this statement? Why? 3. ‘The law should provide greater protection for journalists against search and seizure warrants.’ Discuss with reference to substantive and procedural safeguards that may be introduced to afford journalists additional protection. 4. ‘Breach of confidence does not provide adequate protection for privacy or freedom of speech.’ To what extent do you agree or disagree with this statement? Why? 5. ‘Australian should adopt the actual malice standard established in New York Times v Sullivan to limit the capacity for public officials and public figures to sue in defamation.’ To what extent do you agree or disagree with this statement? Why? 6. ‘Section 18C of the Racial Discrimination Act 1975 (Cth) has the capacity to stifle legitimate public interest speech and should be abolished.’ Discuss with reference to relevant case law and theoretical writings. 7. How should online intermediaries be regulated to best protect freedom of speech and/or the media?

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