In this course we will explore, critique and apply various aspects of the law that affect the media, and news gathering and reportage practices. We will analyse the normative 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, 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.

Learning Outcomes

Upon successful completion, 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 reputation, privacy.
2. Critically analyse and evaluate the ways in which Australian law currently protects 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 legal issues and identify liability in legislation, regulation, or common law, synthesising the law’s requirements and the particular issue, to formulate appropriate legal conclusions.
5. Undertake a comprehensively independent research project which critically analyses how the law reflects the importance of press freedom, the legitimate limitations on that freedom, and the implications that contemporary issues have for the law’s capacity to provide for appropriate degrees of freedom, censorship, and regulation.

Required Resources

A full list of readings will be made available on Wattle two weeks prior to the course commencement date.

Staff Feedback

Students will be given feedback throughout the course primarily to the whole class, groups and individuals, primarily through verbal comments. There will be plenty of time in weekly seminars for class discussion and it is expected that students seek and take feedback from the course convenor at this time.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1. Introduction and press freedom	In line with the University’s recording policy, seminars will be recorded and made available for students on Echo360. However, seminar recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Topic 1. Introduction and press freedom; and Topic 2. Legal protections for the media
3	Topic 2. Legal protections for the media
4	Topic 2. Legal protections for the media
5	Topic 3. Regulation of the media
6	Topic 4. Laws affecting the media in their newsgathering and reportage activities - State powers	Problem Questions made available end of Week 6 (the Friday)
7	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Court orders and contempt of court	Independent Research Essay Instructions and Questions made available during teaching break after Week 6 and before Week 7 (12pm on the Monday of the second week of two-week teaching break)
8	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Defamation
9	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Defamation
10	Topic 4. Laws affecting the media in their newsgathering and reportage activities - DefamationTopic 4. Laws affecting the media in their newsgathering and reportage activities – Breach of confidence and Privacy
11	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Breach of confidence and PrivacyTopic 4. Laws affecting the media in their newsgathering and reportage activities – Offensive publications
12	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Offensive publications

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Problem Questions	20 %	30/08/2024	13/09/2024	1,2,3,4
Independent Research Essay	80 %	04/11/2024	*	1,2,3,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

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 Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Problem Questions

Details of Task: There will be a set of problem questions available on Wattle for students to complete. This automated assessment contains five complex multiple-choice questions based on a fact scenario. Answers will be provided automatically for each question after students submit their answer for each question. Backward navigation, however, is not permitted - students will not be permitted to return to previous pages nor skip ahead. Completing this assessment, in addition to making up 20% of the overall course grade, is intended to provide students feedback on their progress in this course before the first half of this course has been completed. The assessment will cover the material that has been taught in weeks one to six.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Release: 12pm, Friday 30 August 2024

Duration: 40 minutes. The task will finish at 12:40pm and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Due Date: 12:40pm, Friday 30 August 2024

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. Do not email the course convenor about extensions. Extensions are managed entirely through the link provided above. 

If you experience any issues in completing the assessment online, do not email the course convenor. In all cases, please email enquiries.law@anu.edu.au.

Estimated Return Date: Friday 13 September 2024

Assessment Criteria: The mark for the assessment will be based on the number of correct responses.

Assessment Task 2

Independent Research Essay

Details of Task: Students will choose one question to answer out of several set questions provided for this assessment, and write a research essay answering the question. Students must submit their completed essays using Turnitin by the due date and due time.  

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 80%

Release: 12pm, Monday 9 September 2024.

Word Limit: 4,800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes must be used for the referencing of all sources. All references must be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. If you experience any issues in submitting your assessment through Turnitin, do not email the course convenor. In all cases please email enquiries.law@anu.edu.au.

Due Date: 5pm, Monday 4 November 2024. Late submissions (without an extension) are permitted, but late penalties will apply. Do not email the course convenor about extensions. Extensions are managed entirely through the process set out in the relevant Policy and Procedure, noted below. 

Estimated Return Date: Official end of semester results release date via 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.  

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable. If you experience any issues in completing or submitting your assessments online, do not email the course convenor. In all cases please email enquiries.law@anu.edu.au.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

As all assessment will be submitted online, all marks and feedback will also be provided online, instantaneously, in the case of the online quizzes, or on the return dates listed above, in the case of the essay and final take home examination.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension 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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students