In this course we will explore, critique and apply various aspects of the law that affect the media, and newsgathering 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, 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 context. We will in this regard evaluate the normative, constitutional importance of media and the press, and critically relate this historical-theoretical dimension to current issues affecting media dissemination and consumption, including defamation reform, press freedom and national security, ‘fake news’, social media, and liability for 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 national security, due process of law, and reputational and privacy rights.
2. Construct and defend rationales for dealing with the conflict between the competing theoretical perspectives of freedom and openness in media communication on the one hand, and protection of national security and individual reputation and privacy, on the other.
3. Evaluate a range of newsgathering activities and information-content, to identify potential liability in legislation, regulation, or common law, and then synthesise the law’s requirements and the given facts, to formulate legal arguments establishing liability and any defences.
4. Critically analyse the ways in which the law currently purports to protect press freedom, and, within the constraints of Australia’s constitutional setting and applicable common law doctrines, devise ways of better securing or increasing press freedom in the law.
5. Critically analyse the ways in which media law currently purports to protect individual privacy, and, within the constraints of Australia’s constitutional setting and applicable common law doctrines, devise ways of better securing or increasing individual privacy in the media law context.
6. Design and evaluate strategies for communicating, negotiating with and representing key stakeholders, including media clients, media regulators, national security agencies, and individuals seeking remedies against media, on liability arising from newsgathering and reportage activities, as well as on the limits of state power as deployed against the media.
7. Plan and conduct a project to research and critically analyse how adequately the law reflects the importance of protecting press freedom, the legitimate limitations on that freedom, and the implications that online communications technology and ‘fake news’ have for the law’s capacity to strike the right balance between freedom and censorship.

Required Resources

Reading lists will be provided on Wattle.

Staff Feedback

Students will be given feedback on submitted assessments.

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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

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

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

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Word length and excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1. Introduction and press freedom
2	Topic 1. Introduction and press freedom
3	Topic 2. Legal protections for the media
4	Topic 2. Legal protections for the media
5	Topic 2. Legal protections for the media
6	Topic 3. Regulation of the media
7	Topic 4. Laws affecting the media in their newsgathering and reportage activities - State powers
8	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Trespass
9	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Court orders and contempt of court
10	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Defamation
11	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Defamation
12	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Breach of confidence and Privacy
13	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Offensive publications

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In-class participation	10 %	*	20/11/2020	1-7
Research essay	40 %	28/09/2020	05/10/2020	1, 2, 4, 5, and 7
Case study	50 %	30/10/2020	20/11/2020	1-7

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 Integrity . 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 intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

a.      it does not exceed a maximum of 25% of the classes;

b.      permission is requested in advance; and

c.       the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

In-class participation

This assessment is intended to give students the opportunity to develop their oral skills in the context of discussing specific media law issues.  Students are expected to complete at least the compulsory readings prior to the seminars where in-class discussion will take place, in response to questions posed in the Outline for each topic. Each seminar will involve live discussion of these questions, giving students an opportunity to answer these questions. Discussions will be open and everyone will have a chance to contribute. Discussion will NOT be recorded. 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 the Zoom seminars, and by participating in discussion on Zoom during the seminars.

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

Non-attendance: If you are likely to be absent due to unforeseen circumstances beyond your control, or if the reasons for your absence or inability to participate relate to online technology / connectivity problems beyond your control, please contact the Convener with appropriate documentation (medical certificate, EAP etc).

Assessment Criteria: Participation will be graded according to the following criteria: 

• whether students attend all seminars;
• 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.

Assessment Task 2

Research essay

Students will write a research essay answering one out of two questions provided for this assessment. Students may choose which of the two questions to write on. 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 0/40.

Release: Essay questions are provided in the first Outline, available on Wattle from 24 August 2020.

Due date: Monday 28 September 2020, by 5pm. Late submissions without an extension are permitted, although late penalties will apply. Any late penalties will be calculated by reference to the submission through Turnitin.

Word limit: 3,000 words maximum, excluding non-substantive footnotes. This means footnotes which provide citations are not counted in the word-limit. However, footnotes not providing citation (ie adding substantive text to the essay) are counted in the word-limit. Bibliography is not counted in the word-limit.

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.

Assessment Task 3

Case study

Students will provide structured, written legal advice on various areas of liability arising in a media law context. Students will do this by answering an extended and detailed fictional fact-situation involving various media law issues. Students are expected to demonstrate critical, independent and innovative reasoning in response to the legal issues, in addition 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 0/50.

Release: The question will be released on Monday 28 September 2020 (via Wattle).

Due date: Friday 30 October 2020, by 5pm. Late submissions without an extension are permitted, although late penalties will apply. Any late penalties will be calculated by reference to the submission through Turnitin.

Word limit: 4,000 words maximum, excluding non-substantive footnotes. This means footnotes which provide citations are not counted in the word-limit. However, footnotes not providing citation (ie adding substantive text to the essay) are counted in the word-limit.

Assessment Criteria: Assignments will be graded according to how well students: 

• make accurate use of relevant legal material; 
• structure the written advice 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.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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.

Hardcopy Submission

Hard copy submission is possible where 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 take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

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.

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 Diversity 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 undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students