LAWS4202 - Class Summary - Media Law LLB - S2 2021 PDF

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LAWS4202 - Class Summary - Media Law LLB - S2 2021...

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ANU College of Law – Class Summary !

Media Law LAWS4202 Semester 2 2021 Dr Jelena Gligorijevic

This Class Summary contains important information about the course. Please read it carefully.

LAWS8402 Media Law | Semester 2 2021

Course overview, description and rationale In this course we will explore, critique and apply various aspects of the law that interact with the media, and newsgathering and reportage practices. We will analyse the theoretical underpinnings of press freedom, before examining the ways in which the law protects media and journalists as such, and the ways in which media and journalists, as such, are regulated by law. We will analyse, evaluate and apply laws that can restrict media and journalists, including state surveillance powers, defamation law, privacy protection, trespass, and contempt of court.

Throughout this course, we will interrogate the law’s adequacy in either protecting or restricting media practices, taking into account relevant aspects of the political, social and information-technology contexts. We will in this regard evaluate the normative, constitutional importance of the media and the press, and critically relate this historical-theoretical dimension to current issues affecting media dissemination and consumption, including law reform, national security concerns, and online communications.

The course may assume some basic knowledge of Australian public law, as well as basic knowledge of how private law remedies operate in tort and equity; however, both the set readings and the classes will cover the material examinable in this course.

Mode of Delivery

All classes are in-person, live classes. The classes comprise one three-hour seminar each week.

Prerequisites

To enrol in this course you must be studying a: Bachelor of Laws and have completed or be completing five 1000 level LAWS courses; OR Juris Doctor and have completed or be completing five 1000 or 6100 level LAWS courses.

Incompatible Courses

You are not able to enrol in this course if you have previously completed LAWS8402 Media Law.

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LAWS8402 Media Law | Semester 2 2021

Contact Information

Name

Dr Jelena Gligorijevic

Role

Convenor

Room

7.2.26, College of Law

Email

[email protected]

Consultation times

By appointment.

Course delivery and timetable This course is taught in weekly three-hour seminars, at 9am to 12pm, on Friday, in the Fellows Road Law Lecture Theatre 1. In each seminars, there will be some lecturing, and some discussion within the whole group, in response to critical-thinking questions posed in the Outlines for each topic. To answer these questions in class discussion, students are expected to read at least the compulsory materials prior to each particular seminar, which may include textbook chapters, cases and scholarly literature. Reading lists are provided in the Outline for each topic. Texts and Materials There is no prescribed textbook. Reading lists are provided in the Outline for each topic. General reading Students are encouraged to peruse any one or more of the following texts for background reading, or as a way of buttressing their understanding of material covered throughout the course. Note that many of these texts will be listed for reading in the Outlines for each topic. D Rolph, M Vitins, J Bannister and D Joyce Media Law: Cases, materials and commentary (2nd ed, OUP, 2015) D Butler and S Rodrick Australian Media Law (5th ed, Sydney, Thomson Reuters, 2015). Note: The new edition of this text was published in July 2021, and can be used by students, but both the 5th edition and the 6th edition are acceptable for study in this course. The 6th edition is: S Rodrick, J Ireland, B Clift, and L Power Australian Media Law (6th ed, Sydney, Thomson Reuters, 2021). D Rolph Defamation Law (Sydney, Thomson Reuters, 2015) The Australian National University | 2

LAWS8402 Media Law | Semester 2 2021

EM Barendt, J Bosland, R Craufurd-Smith, and L Hitchens Media Law: Text, Cases and Materials (Harlow, Pearson, 2014) (orientated towards English and European Law) EM Barendt Freedom of Speech (2nd ed, Oxford, OUP, 2007) (generalist, theory of freedom of expression) NA Moreham and M Wary (eds) Tugendhat and Christie’s The Law of Privacy and the Media (3 rd ed, Oxford, OUP, 2016) Learning Outcomes Upon successful completion of this course, students will have the knowledge and skills to: 1. Evaluate the theoretical underpinnings of press freedom, and contrast them with the various normative reasons for restricting media activities, including (but not limited to) national security, the administration of justice, individual reputational, privacy. 2. Critically analyse and evaluate the ways in which Australian law currently purports to protect press freedom in a variety of settings. 3. Critically analyse and evaluate the ways in which Australian law currently protects interests that compete with press freedom, including (but not limited to) national security, administration of justice, individual reputation, and privacy. 4. Evaluate issues arising from practical scenarios, in order to identify potential liability in legislation, regulation, or common law, and then synthesise the law’s requirements and the given facts, to formulate appropriate legal arguments. 5. Undertake independent research in order to analyse critically how adequately the law reflects the importance of press freedom, the legitimate limitations on that freedom, and the implications that modern communications technologies and contemporary issues have for the law’s capacity to strike the 'right balance' between freedom and censorship.

Course structure and content This course comprises four topics overall (each with its own Outline provided on Wattle), and is broadly structured in the following way: Week

Topic

1

1. Introduction and Press Freedom

2

1. Introduction and Press Freedom 2. Legal protections for the media

3

2. Legal protections for the media

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LAWS8402 Media Law | Semester 2 2021

Week

Topic

4

2. Legal protections for the media

5

3. Regulation of the media

6

4. Laws affecting the media in their newsgathering and reportage activities – State powers

7

4. Laws affecting the media in their newsgathering and reportage activities – Trespass

8

4. Laws affecting the media in their newsgathering and reportage activities – Court orders and contempt of court

9

4. Laws affecting the media in their newsgathering and reportage activities – Defamation

10

4. Laws affecting the media in their newsgathering and reportage activities – Defamation

11

4. Laws affecting the media in their newsgathering and reportage activities – Breach of confidence and Privacy

12

4. Laws affecting the media in their newsgathering and reportage activities – Offensive publications

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LAWS8402 Media Law | Semester 2 2021

Skills In this course you will have the opportunity to develop the following skills: 1. Oral communication 2. Written communication 3. Legal and general research 4. Critical reasoning 5. Legal and general argument 6. Independent reasoning 7. Independent study and research You will be provided with opportunities to develop each of these skills over the duration of the course and you will be assessed in relation to each of them within classes and assessment tasks. Teaching and Learning Approach and Activities This course is comprised of a total of 12 weeks of teaching over Semester 2, with a three-hour seminar in each week, as detailed above. Effective learning in this course will be achieved by a combination of: 1. Reading, analysing and critically reflecting upon the readings for each topic; 2. Critically reflecting upon and engaging with the ideas and discussion generated in classes; 3. Participating in class discussion, including critically reflecting upon and engaging in that discussion; and 4. Completing each of the assessments for this course. Online quiz There will be an online quiz available on Wattle for students to complete. The quiz will be available from 12pm, Friday 3 September to 12pm, Friday 10 September. The quiz contains eight multiple-choice questions, and will provide answers automatically for each question after students submit their answer for each question. Completing this quiz is intended to provide students feedback on their progress in this course before the first half of this course has been completed. The quiz will cover the material that has been taught in weeks one to six. Study requirements and expectations This course is run according to the lectures and seminars, on the understanding that students are involved in the learning process. Most importantly, that means having read the material set out in the Outlines before class so that they can be involved in any class discussions. In total, it is anticipated that the hours required for completion of this course (reading and preparation for lectures, seminars, and completion of assessment) will not exceed 120 hours. Students are generally expected to devote at least 10 hours overall per week to this course.

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LAWS8402 Media Law | Semester 2 2021

Assessment The ANU is using Turnitin to enhance student citation and referencing techniques and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For

additional

information

regarding

Turnitin

please

visit

the

ANU

Online

website:

http://online.anu.edu.au/turnitin. Assesment summary Assessment

Value or

Question(s)

Due date of

Approximate

Related

Weighting

available to

assessment

return date

Learning

students 1. In-class participation

10% of final

Questions for

mark

Outcomes

N/A

When final

Learning

discussion are

marks are

outcomes 1-5.

posed in the Outline for

released; by Thursday 2

each topic.

December 2021.

2. Research essay (2,400 words maximum)

3. Take-home assignment (2,000 words maximum)

50% of final

Essay

Essay must be

Thursday 7

Learning

mark

question and

completed and

October 2021.

Outcomes 1, 2, 3

instructions are available

submitted on Wattle by 5pm,

on Wattle from

Wednesday 8

Monday 12 July 2021.

September 2021.

40% of final

Question and

Assignment

When final

Learning

mark

instructions are available

must be completed and

marks are released; by

Outcomes 1, 2, 3 and 4.

on Wattle from

submitted on

by Thursday 2

Monday 25 October 2021.

Wattle by 5pm, Thursday 11

December 2021.

and 5.

November 2021.

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LAWS8402 Media Law | Semester 2 2021

Details of Assessments There are three compulsory assessments in this course. All assessments are intended to enable you to achieve the course objects and learning outcomes. Assessment 1: In-class participation Details of assessment:

This assessment is intended to give you the opportunity to develop your oral skills in the context of discussing specific media law issues. Students are expected to complete at least the compulsory readings prior to classes where in-class discussion will take place, in response to questions posed in the Outline for each topic. This will give students an opportunity to answer these questions. Discussions will be open and everyone will have a chance to contribute. Marks will be awarded for preparation and thoughtfulness in contributing to the discussion, not merely for frequency or vehemence. Students will show they are participating by attending classes, and by participating in discussion during the classes.

Nature of assessment:

Compulsory; the choice not to participate will result in a mark that could be as low as 0/10.

Weighting:

10%

Non-attendance,

If you are likely to be absent due to unforeseen circumstances beyond

Extensions and/ or

your

Penalties for Late

documentation (medical certificate, EAP etc).

control,

please

contact

the

Convenor

with

appropriate

Submission: Other requirements:

N/A

Approximate return date:

When final marks are released; by Thursday 2 December 2021.

Assessment Criteria

Participation will be graded according to the following criteria: • whether students actively engage in all classes; • how well students make accurate reference to the material assigned; • how well students use concise and engaging oral skills; and • how well students demonstrate critical thinking.

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LAWS8402 Media Law | Semester 2 2021

Assessment 2: Research essay Details of assessment:

Students will write a research essay answering the question provided for this assessment. Students must submit their completed essays using Turnitin by the due date and due time.

Natue of assessment:

Compulsory; non-completion of this task will result in a mark of 0/50.

Weighting:

50%

Release:

Essay questions are available on Wattle from Monday 12 July 2021.

Due date:

Wednesday 8 September 2021, by 5pm. Any late penalties will be calculated by reference to the submission through Turnitin.

Word limit:

2,400 words maximum, including footnotes. Please refer to the ANU College of Law policy on excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/wordlength-and-excess-word-penalties

Extensions:

If you need an extension, you must request it in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request an extension after the due date. Extensions may not be permitted 10 working days after the due date. Please refer to the ANU College of Law policies: https://law.anu.edu.au/current-students/policiesprocedures/extensions-late-submission-and-penalties

Penalties for Late

Late submission (ie without an approved extension) will be penalised

Submission:

at the rate of 5% of the possible marks available (ie 2.5/50) per working day or part thereof. Refer to the ANU College of Law policies: https://law.anu.edu.au/current-students/policiesprocedures/extensions-late-submission-and-penalties

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LAWS8402 Media Law | Semester 2 2021

Referencing

Please refer to the current edition of the AGLC.

Requirements:

Other requirements:

Essays must be double-spaced and a font size no smaller than 10 point. The preferred font and size is Arial, 10.5.

Approximate return date:

Thursday 7 October 2021. Marks will be displayed in Turnitin.

Assessment Criteria:

Research essays will be graded according to how well students: • make accurate use of relevant legal material; • structure the essay in a clear manner; • use concise expression; • adequately address the relevant issue(s); • draw appropriately upon independent research; • demonstrate critical, independent and innovative reasoning, and make a persuasive argument; and • comply with the current edition of the AGLC. This assessment is provided to ensure that you engage with critical aspects of the course in a way that incorporates the course objectives.

Assessment 3. Take-home assingment Details of assessment:

Students will provide a clear and structured answer to a question relating to topics studied in this course, including various areas of liability arising in a media law context. Students are expected to demonstrate critical, independent and innovative reasoning in response to the legal issues, in addition (where relevant) to providing accurate legal advice and persuasive arguments on relevant areas of liability. Students must submit their completed assignment using Turnitin by the due date and due time.

Nature of assessment:

Compulsory; non-completion of this task will result in a mark of 0/40.

Weighting:

40%

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LAWS8402 Media Law | Semester 2 2021

Release:

The question will be released on Monday 25 October 2021 (via Wattle).

Due date:

Thursday 11 November 2021, by 5pm. Any late penalties will be calculated by reference to the submission through Turnitin.

Word limit:

2,000 words maximum, including footnotes. (In-text referencing is encouraged for this assessment.) Please refer to the ANU College of Law policy on excess word penalties: https://law.anu.edu.au/current-students/policiesprocedures/word-length-and-excess-word-penalties

Extensions:

If you need an extension, you must request it in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date. Extensions may not be permitted 10 working days after the due date. Refer to the ANU College of https://law.anu.edu.au/current-students/policies-

Law

policies:

procedures/extensions-late-submission-and-penalties

Penalties for Late Submission:

Late submission (ie without an extension) will be penalised at the rate of 5% of the possible marks available (ie 2/40) per working day or part thereof. Refer to the ANU College of Law policies: https://law.anu.edu.au/current-students/policiesprocedures/extensions-late-submission-and-penalties

Referencing

In-text referencing is encouraged for this assessment. Please refer to

Requirements:

the instructions for this assessment. If you do use footnotes, please refer to the current edition of the AGLC.

Other requirements:

The assignment (written answer) must be double-spaced and the font size no smaller than 10 point. The preferred font and size is Arial, 10.5.

Approximate return date:

When final marks are released; by Thursday 2 December 2021.

The Australian National Univer...