Outline

Overview

There are striking similarities and overlaps between Australian and English media law, reflecting their common origins, but there are also important differences and divergences. In relation to English media law, the impact of the United Kingdom's membership of the European Union is a significant factor. This unit of study analyses a number of key issues in media law, ranging from defamation law, privacy and breach of confidence, contempt of court, open justice, suppression and non-publication orders and other restrictions on court reporting, as they arise in Australia, the United Kingdom and the European Union. In 2016, the unit taught in Cambridge will include guest lectures by leading media law academics, lawyers and commentators from the United Kingdom.

Unit details and rules

Unit code	LAWS6341
Academic unit	Law
Credit points	6
Prohibitions ?	None
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

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

Type	Description	Weight	Due	Length
Assignment	Case note (30%) Case note	30%	Week -01 Due date: 10 Jul 2023 at 15:00 Closing date: 15 Jul 2023	2000 words / 5 weeks
Outcomes assessed:
Short release assignment	Short-release optional proposal for self-selected essay topic (0%) essay outline	0%	Week 03 Due date: 31 Jul 2023 at 15:00 Closing date: 31 Jul 2023	600 words / 6 working days
Outcomes assessed:
Assignment	Research essay (70%) Research essay	70%	Week 09 Due date: 14 Sep 2023 at 15:00 Closing date: 28 Sep 2023	6000 words / 8 weeks
Outcomes assessed:

Assessment summary

2000 word case note on an assigned case (30%)
In order to ensure that students have engaged in the close reading of at least one case prior to the commencement of the classes, students must write a 2000 word casenote on one of the cases on a list to be provided. Students will be allocated the case upon which they will write their casenote. The purpose of the casenote is not merely to summarise the facts and the reason in the case. Students should consider issues such as:

Placing the decision in its broader legal or media context;
The impact of the case, in practice or in principle;
The potential implications of the case;
The novelty or significance of the case or the issues in it.

This list is neither prescriptive nor exhaustive. Students will be advised as to the case they have been allocated via Canvas notice. Students must write on the case they are assigned. Students cannot swap cases or write on a different case to the one allocated. Casenotes must be submitted to the Canvas assignment dropbox by 3:00 p.m. Sydney time on Monday 10 July 2023. Students are advised that their casenotes will not be marked anonymously, as students may be called on in class to discuss the issues raised in their casenotes.

6000 Word Research Essay (70%)
Students will also be required to complete a 6000 word research essay. A list of topics will be circulated during the final class on Friday 21 July.

All research essays on set research topics will be marked anonymously. Students must submit their research essays to the relevant Canvas assignment dropbox by 3:00 p.m. Sydney time on Thursday 14 September 2023.

Professor Rolph reserves the right to invite a random selection of students to attend an in-person meeting to explain their process of researching 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.

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 coordinator.

600 word optional proposal for self-selected essay (0%)
If students are interested in a particular topic and wish to devise their own research proposal for their essay, they are free to do so in consultation with Professor Rolph during the intensive. The proposal must relate to a topic of media law connected to defamation, privacy, breach of confidence, contempt of court or some other legal issue touched upon in this unit of study and should adopt a comparative perspective. 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.

If students wish to write on their own essay topic, any such proposal must be submitted for approval no later than 3:00 p.m. Sydney time on Monday 31 July 2023. Please be advised that, if students wish to develop their own research essay topic in consultation with Professor Rolph, their research essays will not be marked anonymously.

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).

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). The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all 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.

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 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. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
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 sydney.edu.au/students/guide-to-grades.

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	Day 1: Court reporting and contempt of court; United States’ constitutionalised defamation law	Seminar (6.5 hr)
	Day 2: Social media, the public sphere and free speech; Press freedom and press regulation	Seminar (6.5 hr)
	Day 4: Privacy and police investigations; Landmark moments in freedom of speech	Seminar (6.5 hr)
	Day 5: Defamation and misuse of private information on social media; The ‘right to be forgotten’ in data protection law	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. In exceptional circumstances of serious illness, injury or misadventure, the Unit Coordinator may reduce or waive this requirement subject to the student meeting all assessment requirements and providing satisfactory supporting documentation. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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

Reading list will be available on Canvas.

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. demonstrate an understanding of how the law, through legislation and case law, regulates the media in their collection and publication of material in Australia, the United Kingdom and the European Union
LO2. demonstrate an understanding of the concept of “free speech” in this context, how the law protects it and balances it with competing public interests
LO3. further develop skills in critical analysis and application of the law
LO4. further develop skills in conducting independent research
LO5. engage in oral and written argument and discussion and write clearly, logically and persuasively

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.

Staff in this unit of study constantly review and reflect upon the content in light of student feedback.

Additional information

Resources - Sydney Law students

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6341: Media Law: Comparative Perspectives

Intensive August, 2023 [Block mode] - England

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect