Outline

Overview

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 ?	LAWS3451
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	David Rolph, david.rolph@sydney.edu.au

Assessment

The census date for this unit availability is 31 March 2025

Details
Criteria

Type	Description	Weight	Due	Length
Online task	Optional research essay proposal (0%) Research essay proposal	0%	Week 04 Due date: 20 Mar 2025 at 15:00 Closing date: 20 Mar 2025	approximately 600 words / 4 weeks
Outcomes assessed:
Online task	Optional problem-based assignment (30%) Written task	0%	Week 07 Due date: 10 Apr 2025 at 15:00 Closing date: 10 Apr 2025	2000 words / 6 weeks
Outcomes assessed:
Online task	Optional research essay (40%) Essay	0%	Week 11 Due date: 15 May 2025 at 15:00 Closing date: 15 May 2025	3000 words / 8 weeks
Outcomes assessed:
Short release assignment	Compulsory Final short-release assignment Problem questions	0%	Week 13 Due date: 29 May 2025 at 15:00 Closing date: 05 Jun 2025	7 calendar days
Outcomes assessed:

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%).

Optional Problem-based assignment: The topic for the optional problem-based assignment will be released on or before Friday 28 February 2025 (week 1). 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 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 10 April 2025 by 3pm (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:

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 Thursday 20 March 2025 at 3pm (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.

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). The essay is due on Thursday 15 May 2025 by 3pm (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 22 May 2025 at 10am (Sydney, Australia time).

All answers must be submitted by Thursday 29 May 2025 at 3pm (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.

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: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Students are advised that, in the event of special consideration being granted for the compulsory final assignment, 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. Simple extensions and special considerations are not available for optional assignments.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at the compulsory final assignment 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 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) and automated writing tools

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator.

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions.

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit.

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply.

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site.

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. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty.

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.

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.

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

Weekly schedule

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

Attendance and class requirements

Attendance: All students are required to attend 70% or more 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).

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.

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. 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
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 the unit was last offered.

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

Use of generative artificial intelligence (AI) and automated writing tools

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

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

LAWS5151: Media Law: Contempt and Open Justice

Semester 1, 2025 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI) and automated writing tools

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

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