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.

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 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.

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; 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
7	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Trespass
8	Topic 4. Laws affecting the media in their newsgathering and reportage activities - Court orders and contempt of court
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 - Defamation
11	Topic 4. Laws affecting the media in their newsgathering and reportage activities – Breach of confidence and Privacy
12	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
Quiz	0 %	10/09/2021	*	1,2,3
In-class participation	10 %	*	*	1,2,3,4,5
Research essay	50 %	08/09/2021	07/10/2021	1,2,3,5
Take Home Assignment	40 %	11/11/2021	*	1,2,3,4

* 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 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.

Assessment Task 1

Quiz

There will be a online quiz available on Wattle for students to complete. 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.

Nature of assessment: Compulsory

Weighting: 0%

Release: 12pm, Friday 3 September 2021 via WATTLE.

Due date: 12pm, Friday 10 September 2021. Due to the nature of the task, late submission or extension is not permitted.

Assessment Task 2

In-class participation

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.

Non-attendance: If you are likely to be absent due to unforeseen circumstances beyond your control, please contact the Convenor with appropriate documentation (medical certificate, EAP etc).

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.

Assessment Task 3

Research essay

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.

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

Due date: 5pm, Wednesday 8 September 2021. Late submissions (without an extension) are permitted, but late penalties will apply. 

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/word-length-and-excess-word-penalties

Weighting: 50%

Estimated Return Date: Thursday 7 October 2021.

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 Task 4

Take Home Assignment

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.

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

Due date: Thursday 11 November 2021, by 5pm. Late submissions (without an extension) are permitted, but late penalties will apply. 

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/policies-procedures/word-length-and-excess-word-penalties

Weighting: 40%

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

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.

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. 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.
• 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 given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

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