Unit outline_

LAWS3451: Media Law: Contempt and Open Justice

Semester 1, 2026 [Normal day] - Camperdown/Darlington, Sydney

The daily practice of journalism is affected by a range of common law principles and statutory provisions This unit of study seeks to examine some of the most significant practical constraints on the media It examines in detail contempt of court the principle of open justice and suppression orders It considers contempt of parliament and other restrictions of the reporting of parliamentary proceedings It also analyses the law relating to the disclosure of journalists sources and the impact of freedom of information laws on the media This unit of study seeks to provide not only a thorough doctrinal analysis of these areas of law but also seeks to locate them within their broader historical international comparative political and policy contexts

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS5151
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator David Rolph, david.rolph@sydney.edu.au
The census date for this unit availability is 31 March 2026
Type Description Weight Due Length Use of AI
Written work Optional problem-based assignment (30%)
Written task
0% Mid-semester break
Due date: 09 Apr 2026 at 23:59

Closing date: 09 Apr 2026
2000 words / 6 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3
Out-of-class quiz Early Feedback Task Early feedback task (0%)
Multiple choice quiz
0% Week 03
Due date: 12 Mar 2026 at 23:59
20 minutes AI allowed
Outcomes assessed: LO1
Written work Optional research essay proposal (0%)
Research essay proposal
0% Week 04
Due date: 19 Mar 2026 at 23:59

Closing date: 19 Mar 2026
approximately 600 words / 4 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3
Written work Optional research essay (40%)
Essay
0% Week 11
Due date: 14 May 2026 at 23:59

Closing date: 14 May 2026
3000 words / 8 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3
Written work Compulsory Final short-release assignment
Problem questions
0% Week 13
Due date: 28 May 2026 at 23:59

Closing date: 04 Jun 2026
7 calendar days AI allowed
Outcomes assessed: LO1 LO2 LO3
early feedback task = early feedback task ?

Assessment summary

Students may elect to be assessed in one of the four following ways in this unit of study:

  • Problem-based assignment (30%), research essay (40%) and final assignment (30%);
  • Problem-based assignment (30%) and final assignment (70%);
  • Research essay (40%) and final assignment (60%); or
  • Final assignment (100%).

In addition, all students are required to complete an early feedback task, as in all units of study.

Early feedback task: This unit of study includes a compulsory early feedback task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The early feedback task in this unit is an online multiple choice test consisting of five questions. The task will be available on Canvas from 10 a.m. on Tuesday 10 March 2026 to 11:59 p.m. Thursday 12 March 2026 (Sydney, Australia time). It will be tailored to reflect key concepts from Weeks 1-2. Students will be provided with immediate automated feedback upon completion of the task.

Optional problem-based assignment:  The topic for the optional problem-based assignment will be released on or before Friday 27 February 2026 (Sydney, Australia time). The purpose of the assignment is to test material covered in class. The assignment covers all material discussed in class up to and including the final class before the date for submission. 

This is a problem-based assignment.  Unlike a research essay, the assignment is designed to be completed substantially from the cases and legislation discussed, although the best answers may also follow up issues via recommended texts and other sources as appropriate.  You should substantiate your answer with pinpoint references, by referring to any cases, legislation, texts, etc. that you consider appropriate. 

The purpose of this assessment is to enable you to demonstrate what you have learned in the unit, and this unit draws heavily on the primary reading materials to which students have been referred. The assignment tests the material students have studied up to and including the material covered up to and including Week 6.

The assessment grading guidelines contained in this unit of study outline will be applied to the marking of this assessment.

If students elect to undertake the assignment, it will be worth 30% of their final mark. The word length for the assignment is 2,000 words (including substantive footnotes but excluding citations and bibliography).  The assignment is due on Thursday 9 April 2026 by 11:59 pm (Sydney, Australia time).

Optional research essay and proposal: Students who intend to submit an optional research essay, worth 40% of their final mark, must devise a topic and prepare a research proposal. The proposal must relate to a topic of media law connected to contempt of court, open justice or some other legal issue touched upon in this unit of study.

The proposal should contain the following elements:

  1. A title of no more than 20 words which is sufficiently descriptive of the essay;
  2. A clearly defined question which the essay will attempt to address;
  3. An abstract of no more than 100 words summarising the argument of the essay;
  4. A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
  5. A list of cases, statutes and secondary materials you have consulted in the preparation of your proposal and which you will use in your essay. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that you have undertaken appropriate, preliminary research for your topic.

Students intending to submit an essay must submit a proposal by Thursday 19 March 2026 by 11:59 pm  (Sydney, Australia time).  There are no marks allocated for the proposal, only for the submitted essay itself. The purpose of the essay proposal is to ensure that students have a viable topic, appropriate to the word length. Students are encouraged to contact the lecturer to discuss ideas for their research essay as soon as possible, bearing in mind the due date for the proposal.

Students may not submit an essay without having their proposal approved first. However, students who have an essay proposal approved are not obliged to submit an essay.  

Due to the nature of this written assessment (because students propose their own research topics and have them approved in advance), anonymous marking may not be practical. Like assignments and the essays themselves, essay proposals must be submitted electronically to the Assignment Dropbox on the Canvas site for this unit of study.

The word length for the essay is 3,000 words (including substantive footnotes but excluding citations and bibliography). The essay is due on Thursday 14 May 2026 by 11:59 pm (Sydney, Australia time).

The assessment grading guidelines contained in this unit of study outline will be applied to the marking of this assessment.

Compulsory final assignment: All students must complete a final assignment. There will be three problem questions. The answer to each question should be approximately 2000 words.

The number of questions a student must complete will depend upon how many pieces of optional interim assessment he or she has completed. If a student has completed both the assignment and the essay, the student will only need to answer one of the three questions. If a student has completed either the assignment or the essay, the student will only need to complete two of the three questions.  For these students, there is no compulsory question. If a student has completed neither the assignment nor the essay, the student will need to complete all three questions.

The final assignment questions may relate to and may mix together any issue covered in the unit of study.

The final assignment paper will be released on Thursday 21 May 2026 at 10am (Sydney, Australia time).

All answers must be submitted by Thursday 28 May 2026 at 11:59 pm (Sydney, Australia time).  Like assignments, essays and essay proposals, final assignments must be submitted electronically to the Assignment Dropbox.

Students must include a bibliography with their assignments and essays. Bibliographies are not included in the word count.

If students use AI in any assessment in this unit, they must include a statement in each assessment indicating the AI tools used; the tool name and version; the publisher and URL; and a brief description of how the AI tools were used. The AI inputs and outputs must also be included as an appendix. If students do not use AI, they do not need to include a statement to this effect. Statements as to AI use are not included in the word count.

Students are advised that they should retain any pre-submission drafts and working notes until results are released, as they may be called upon to produce them at any meeting requested by the unit of study co-ordinator.

Professor Rolph reserves the right to invite a random selection of students to attend an in-person meeting to explain their processing of preparing and writing their submitted work. Failure to attend such a meeting may result in the delay of the release of the student’s result for this unit.

There will be no formal class participation mark but Professor Rolph reserves the right to take class participation into account if a student is on a borderline between grades.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. Students are advised that, in the event of special consideration being granted in respect of the final short-release assignment, the likely form of the alternative task is an oral examination. Students are reminded that simple extensions and special consideration are not available in respect of optional assessments.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all compulsory assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. Please note that as the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.  

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Introduction; Principle of Open Justice Seminar (4 hr) LO1 LO2 LO3
Week 02 Contempt Seminar (4 hr) LO1 LO2 LO3
Week 03 Contempt Seminar (4 hr) LO1 LO2 LO3
Week 04 Contempt Seminar (4 hr) LO1 LO2 LO3
Week 05 Contempt Seminar (4 hr) LO1 LO2 LO3
Week 06 Contempt Seminar (4 hr) LO1 LO2 LO3
Week 07 Access to Court Files Seminar (4 hr) LO1 LO2 LO3
Week 08 Recording and Broadcasting Court Proceedings; Breach of the Implied Undertaking Seminar (4 hr) LO1 LO2 LO3
Week 10 Suppression and Non-Publication Orders; Surveillance Devices Seminar (4 hr) LO1 LO2 LO3
Week 11 Suppression and Non-Publication Orders; Surveillance Devices Seminar (4 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Reading List, available on Canvas.

  • Rolph, Vitins, Bannister, Joyce, Bosland, Douglas and Gill, Media Law: Cases, Materials and Commentary, 3rd ed., Oxford University Press, South Melbourne, 2022.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Analyse how legislation and case law regulate media practices in the collection and publication of material.
  • LO2. Critically evaluate the concept of “free speech” and assess how legal protections are balanced with competing public interests.
  • LO3. Apply relevant legal research methodologies and critical analysis to complex legal issues in media law and effectively communicate findings to general and specialist audiences.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

EFT has been added, otherwise no changes have been made since this unit was last taught.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

To help you understand common terms that we use at the University, we offer an online glossary.