Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Email lwsa.law@anu.edu.au
Over the last 20 years, the use of digital technologies by individuals, business and governments has become universal. Data-mining methods, search engines and data analytics have revolutionised the processing, recognition, communication, acquisition and aggregation of knowledge and information. Mobile technologies and devices have become increasingly affordable to all social and economic strata of society. Social media has transformed interpersonal communications. Media convergence has made today’s media a different phenomenon from even its 1990 counterparts.
This course will focus on the legal issues that arise in a wide range of digital media applications and will have a strong emphasis on providing students with a practical framework for analysis of the legal issues that arise through the use of digital technologies by governments, business and individuals. Specific topics covered will include:
• The rights and obligations of employers and employees in the digital world;
• The right to privacy - the protection of privacy in the digital world;
• Freedom of speech and defamation in the social media world;
• The marketing of goods and services via the internet – Competition and Consumer Law issues;
• The ownership and use of digital content – specific copyright issues; and
• Litigation Procedure and Criminal Law issues.
While the course will primarily focus on the operation of Australian law, due to the borderless nature of the internet and the constantly evolving nature of the law in this area, US and EU legislation and case law will also be considered by way of comparative analysis and to highlight cross-jurisdictional regulatory issues.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
On successful completion of this course, a student/participant will be able to:1. demonstrate mastery of the principles of employment law, privacy law, defamation law, competition and consumer law and intellectual property law in so far as they relate to the use of digital media and communications;
2. demonstrate specialised knowledge of recent developments in digital media and communications law and practice in so far as they apply to a range of personal, business and government transactions and situations in the modern world;
3. demonstrate mastery of theoretical knowledge of digital media and communications law and practice to generate complex ideas and reflect critically on the theory and practice of digital media and communications law;
4. investigate, critically reflect on and effectively communicate in plain English to inform diverse audiences of complex theoretical and practical ideas, concepts, strategies and courses of action concerning the application of digital media and communications law;
5. demonstrate relative cognitive and creative skills to analyse and synthesise complex information and problems at a theoretical level to then develop, justify and apply solutions at a practical level, particularly to advise on transactions or interactions involving digital media and communications; and
6. autonomously design, theorise, plan, execute and evaluate a substantial research-based project on a digital media and communications law topic.
Topics, teaching, learning activities and assessment are designed to develop the student’s / participant’s cognitive, technical and practical skills and knowledge to be able to draft and review documents and advise on transactions and interactions. Students / participants will engage in simulated client scenarios for the purpose of advising on specific dealings involving digital media and communications law issues.
Specific topics to be covered and assessments to be undertaken will be designed with options that enable students to select digital media and communications law related topics that are aligned to their own particular interests or specialities.
These interests and specialties will include those relevant for:
• Public Sector Lawyers and Public Sector IT Managers;
• Human Resources, Media and Communications Managers;
• Private Sector Lawyers;
• In-House Corporate Lawyers; and
• Other professionals who are responsible for advising on, or managing, transactions or interactions involving the development and/ or use of digital media.
Indicative Assessment
Assessment will comprise:(a) Discussion Posting. In Topic 1 discussion questions, cases for comment and issues will be posted by the Convenor. Students will be required to submit a discussion post of 800 words or equivalent. 10%
(b) Advice to Client: At the conclusion of Topic 4 students will be required to build on the learnings from Topics 1 - 4 to analyse a hypothetical real world scenario, undertake the necessary research and provide a simulated written advice to a client of 1500 words or equivalent. 20%
(c) Advice to Client: At the conclusion of Topic 6 students will be required to build on the learnings from Topics 1 - 6 to analyse a hypothetical real world scenario, undertake the necessary research and provide a simulated written advice to a client of 1500 words or equivalent. 20%
(d) Research Project: At the conclusion of Topic 7 students will be required to apply their learnings from Topics 1 -7 and undertake a 4,000 word research project on a specific digital media and communications law topic. The Convenor will provide a number of optional research topics to enable students / participants to select a topic that is most closely aligned to their personal and/ or professional interest. 50%
The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
This is a 6 unit course, which is considered to have the equivalent full time student load (EFTSL) of 6/48 = 0.125. The number of hours allocated to an EFTSL of 0.125 is 10 – 12 hours per week.All course materials will be available online.
The course requires continuous online participation throughout the course, as students must participate in discussion forums and other activities.
Requisite and Incompatibility
To enrol in this course you must be studying a:
Master of Laws (7300XLLM, MLLM),
Master of Laws specialising in International Law (7300XSINTL),
Master of Laws specialising in Law, Governance and Development (7300SLGD),
Master of Laws specialising in Environmental Law (7300SENVL),
Master of Laws specialising in Government and Commercial Law (7300SGCL),
Master of Laws specialising in International Security Law (7300SISL),
Master of Laws in Migration (NLLML),
Master of Laws in International Law (NLLIL),
Master of Laws in Environmental Law (NLLEN),
Master of Laws in Law, Governance & Development (NLLGD),
Master of Laws in International Security Law (NLLSL),
Master of Laws in Government and Regulation (NLLGR),
Master of Laws (Legal Practice) (7312XLLMLP),
Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM),
Master of Legal Practice (MLEGP).
OR
Must be studying a:
Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL),
Master of International Law (7310XMINTL),
Master of Environmental Law (7309XMENVL),
Master of Law, Governance & Development (7317XMLGD),
Master of International Security Law (7318XMISL),
Master of Government and Commercial Law (7313XMGCL),
Master of Legal Studies (7305XMLEGS),
and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation.
OR
Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses.
OR
Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation.
OR
Must be studying a Master of Military Law (MMILL)
OR
Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B
Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Contact College for permission number.
Preliminary Reading
There is no prescribed textbook although the follow texts and websites will be useful reference sources. Additional and more specific details are included in the Indicative Course Outline.General Reference Textbooks
• P.George “Social Media and the Law” (1st ed LexisNexis 2014)
Textbooks for Specific Areas
• R.Miller Miller’s Australian Competition and Consumer Law Annotated (36th ed Thomson Reuters)
• P.George “Defamation Law in Australia” (2nd ed LexisNexis 2012)
• M. Davison, A. Monotti and L.Wiseman, Australian Intellectual Property Law (2nd ed 2012 Cambridge)
• A. Stewart, P.Griffith J. Bannister and A.Liberman Intellectual Property in Australia (5th ed Lexis Nexis 2014)
• S.Ricketson, M.Richardson and M.Davison, Intellectual Property Cases, Materials and Commentary (5th ed Lexis Nexis 2012)
Australian Government Manuals and Guides
Quick Guide to Australian Government IP Rules http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Documents/QuickguidetotheAusGovIPRule...
Australian Government IP Management Manual http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Documents/IntellectualPropertyManual....
Guidelines on Licensing Public Sector Information http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Documents/GuidelinesforlicensingPSIfo...
Commonwealth Attorney-General’s Department’s Intellectual Property Branch http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/Copyright-information.aspx
Australian Internet Resources
IP Australia http://www.ipaustralia.gov.au
Australian Copyright Council http://www.copyright.org.au
IP Whiteboard http://www.ipwhiteboard.com.au/
Australian Government Solicitor Commercial Notes
http://www.ags.gov.au/publications/commercial-notes/index.html
Open Access to Knowledge (OAK) Project http://www.oaklaw.qut.edu.au/
Australian Public Service Commission http://www.apsc.gov.au
Office of the Australian Information Commissioner http://www.oaic.gov.au/
Australian Media and Communications Authority http://www.acma.gov.au/
Assumed Knowledge
It will be assumed that students or participants (CPD and audit) have some knowledge of, or experience in contract law, intellectual property law or related study or experience.Those who do not will be provided with links on the Wattle site to information and be expected to manage their own learning to attain basic background knowledge.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2018 | $3660 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $5160 |
Offerings, Dates and Class Summary Links
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.
The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Autumn Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 5600 | 18 Mar 2019 | 29 Mar 2019 | 05 Apr 2019 | 07 Jun 2019 | Online | View |