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.

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). 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/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
Complex Quiz	20 %	09/09/2022	16/09/2022	1,3,4,5,6
Independent Research Essay	80 %	17/11/2022	01/12/2022	1,2,3,4,5,7

* 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 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
• Special Assessment Consideration Guideline and General Information 
• 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.

Assessment Task 1

Complex Quiz

Details of Task: There will be an complex online quiz available on Wattle for students to complete. The quiz contains several complex multiple-choice questions, and will provide answers automatically for each question after students submit their answer for each question. Completing this quiz, 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 quiz will cover the material that has been taught in weeks one to six.

Nature of Task: Compulsory

Weighting: 20%

Release: 12pm, Friday 2 September 2022 via Wattle.

Duration:  You will have one week to access the quiz. Once you log into the quiz, you will have 2 hours to complete it. Any open attempts will automatically close and be submitted by the due date and time so please allow sufficient time to complete the quiz.

Due Date: 12pm, Friday 9 September 2022. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension here . The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. If you have accessed the assessment, you will not be approved an extension and will need to complete the assessment by the due date. However you can apply for special consideration for your circumstances to be considered.

 Estimated return date: 16 September 2022

Assessment Task 2

Independent Research Essay

Details of Task: 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.  

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

Release: Essay questions are available on Wattle from 5pm, Wednesday 21 September 2022.

Due date: 5pm, Thursday 17 November 2022 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word limit: 4,800 words maximum. 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.Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Weighting: 80%

Estimated Return Date: By the date on which whole course results are released by the University.

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.

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 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. 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.

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.

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