Outline

Overview

This unit of study analyses two areas of law which have a significant impact on the daily practice of journalism. Both of these areas of law relate to the personal interests of private plaintiffs and the legal recourse such plaintiffs may have against media outlets. The tort of defamation, which protects a plaintiff's reputation, is a well-established cause of action which notoriously has a "chilling" effect on what the media publishes. By contrast, direct legal protection of privacy against invasions by the media is a rapidly developing area of law in Australia, the United Kingdom, New Zealand and the European Union. This unit of study provides a detailed examination of the principles of defamation law relating to liability, defences and remedies. It also examines how different common law legal systems are developing direct legal protection for individuals' privacy against intrusive media coverage. This unit of study provides a thorough doctrinal analysis of defamation, privacy and breach of confidence, as well as placing these areas of law in their broader historical, international, comparative, social and cultural contexts.

Unit details and rules

Unit code	LAWS5128
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS3428
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	David Rolph, david.rolph@sydney.edu.au
Lecturer(s)	Lesley Power, lesley.power@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Optional research essay proposal Research essay proposal	0%	Week 07 Due date: 13 Sep 2022 at 15:00 Closing date: 20 Sep 2022	approximately 1000 words / 6 weeks
Outcomes assessed:
Assignment	Optional problem-based assignment Written task	0%	Week 08 Due date: 20 Sep 2022 at 15:00 Closing date: 27 Sep 2022	2500 words / 7 weeks
Outcomes assessed:
Assignment	Optional research essay Essay	0%	Week 11 Due date: 18 Oct 2022 at 15:00 Closing date: 25 Oct 2022	3500 words / 10 weeks
Outcomes assessed:
Assignment	Compulsory final short-release assignment Problem questions	0%	Week 13 Due date: 03 Nov 2022 at 15:00 Closing date: 10 Nov 2022	7 days
Outcomes assessed:

Assessment summary

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

[Optional] problem-based assignment (30%), research essay (40%) and final assignment (30%);
[Optional] problem-based assignment (30%) and final assignment (70%);
Research essay (40%) and final assignment (60%); or
Final assignment (100%).

Problem-based assignment: The topic for the optional, non-redeemable problem-based assignment will be released on Monday 1st August 2022 at 9am. 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 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 7.

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 2,500 words (including substantive footnotes but excluding citations). The assignment is due on Tuesday 20 September 2022 at 3pm.

Research essay and proposal: Students who intend to submit a research essay, worth 40% of their final mark (non-redeemable), must devise a topic and prepare a research proposal. The proposal must relate to a topic of media law connected to defamation, privacy or some other legal issue touched upon in this unit of study.

The proposal should contain the following elements:

A title of no more than 20 words which is sufficiently descriptive of the essay;
A clearly defined question which the essay will attempt to address;
An abstract of no more than 100 words summarising the argument of the essay;
A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
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 Tuesday 13 September 2022 at 3pm. 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.

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 3,500 words (including substantive footnotes but excluding citations). The essay is due on Tuesday 18 October 2022 at 3pm.

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

Final assignment: All students must complete a final assignment. There will be three problem questions.

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.

Each question is limited to 15 pages (formatted as 12pt Times New Roman at 1.5 spacing).

The final assignment paper will be released on Thursday 27 October 2022 at 10am.

All answers must be submitted by Thursday 3 November 2022 at 3pm. 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.

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

Students are advised that, in the event of special consideration being granted, an alternative form of assessment, including but not limited to an oral examination, may be used to test the same knowledge and skills covered by the original assessment.

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out for this Unit of Study (except those marked as optional) 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.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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.

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, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per per 24 hours or part thereof, after the due time on the due date. For example, a submission after 3pm but before the same time the following day will attract a 10% penalty. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction; Alternative causes of action	Seminar (4 hr)
Week 02	Introduction; Alternative causes of action	Seminar (4 hr)
Week 03	Liability for Defamation	Seminar (4 hr)
Week 04	Liability for Defamation	Seminar (4 hr)
Week 05	Defences to Defamation	Seminar (4 hr)
Week 07	Defences to Defamation	Seminar (4 hr)
Week 08	Remedies for Defamation	Seminar (4 hr)
Week 10	Privacy and Breach of Confidence	Seminar (4 hr)
Week 11	Privacy and Breach of Confidence	Seminar (4 hr)
Week 12	Privacy and Breach of Confidence	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf 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: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

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.

Outcomes
Graduate qualities

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

LO1. understand how the law, through legislation and case law, regulates the media in their collection and publication of material
LO2. understand the concept of freedom of speech, how the law protects it and balances it with competing public interests, such as reputation and privacy
LO3. demonstrate developed skills in critical analysis and application of the law.
LO4. demonstrate developed communication skills.

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
Learning outcomes

Responding to student feedback

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

No changes have been made since this unit was last taught

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

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

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5128: Media Law: Defamation and Privacy

Semester 2, 2022 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect