50128 Media, Information and the Law

Handbook description

This subject examines the ways in which media and the cultural products are regulated. Rather than examining the law in isolation, the subject looks at law making and the implementation of the law in the context of broader economic, political, historical and social processes. The subject explores the development of ideas of free speech and expression and how these ideas are used to promote and defend communication practices of media and other corporations, governments, media practitioners and audiences. While the substantive law in key areas such as defamation and contempt is outlined, there is a strong emphasis on developing a critical understanding of the ways the law works in practice and relevant policy issues.

Subject objectives/outcomes

The learning objectives of this subject for students are:

1. to acquire a critical understanding of the way in which the law impacts on the work of media and cultural producers.
2. to acquire a basic but working knowledge of the laws and codes which impact on the work of media and cultural producers.
3. to develop research skills which will enable you to keep up to date in relation to relevant professional issues which arise during your career and to contribute constructively and critically to discussions of the subject matter of the course
4. to produce written work for assessment that demonstrates a basic knowledge of the substantive law and a critical understanding of the issues in this subject area
5. to develop a practical understanding about the way the work of media professionals is regulated and the way in which this impact on the role of the media in society.

Contribution to graduate profile

This subject :

• Contributes to professional skills and knowledge across all media: print, television, radio, the Internet and multimedia
• Develops a knowledge of the historical, philosophical, ethical and cultural foundations underpinning journalism and strive, throughout their careers, to promote the important role of professional and ethical journalism in the service of the public
• Equips graduates to make significant intellectual and creative contributions to the social, political and cultural life of the communities in which they live
• Develops an understanding of the role of the media in local, regional, national and global contexts
• Will assist in developing strong research skills and effectively retrieve and analyse information from a range of sources
• Develop a critical understanding of issues of media regulation link with issues of gender, racism, ethnicity, disability and class in ways which are linked to issues of media representation, production and reception
• Develops an understanding and commitment to ethical journalism practice

Teaching and learning strategies

Weekly classes consist of two parts: a lecture discussing the week's topic, followed by a tutorial where students discuss the week's topic. Tutorials may include debates, discussion of practical examples, role plays or other activities. There are essential readings for each week and other readings which can be used for further research.

Students doing this course will use UTS Online for discussion, debates and/or simulation games.

Content

There are a series of modules in this course which may be slightly varied from year to year. These include modules on:

• Introduction to media regulation in international context.
• development of ideas of free speech; the links between notions of free speech and democracy; the importance of examining debates about freedom of expression and constraints on expression in the social contexts in which they arise. Are large concentrations of private media power a constraint on freedom of expression?
• Consideration of the role of international covenants and organisations; constitutional guarantees of free speech; how, in practice, constitutional guarantees that appear to be the same formally, will have different implications in different social, political and historical contexts. Issues to recur introduced early in the course recur during the course.
• Defamation – Both introduction to defamation law as it applies to media production and issues relating to defamation reform and role of defamation in regulation public communication
• Contempt – both introduction to contempt law and the way it applies to the media and issue relevant to way contempt law interact with public communication. .
• Broad overview of history and contemporary practice of censorship in an international context
• Overview of copyright law.
• Critical examination of vilification laws .
• Introduction to freedom of information laws and discussion of issues of impact in practice on government communications.

Assessment

Assessment item 1: Minor Assignment

Assessment item 2: Essay - Research Project (2000 words)

Assessment item 3: Online Simulation Game

Minimum requirements

Students are expected to read the subject outline to ensure they are familiar with the subject requirements. Since class discussion and participation in activities form an integral part of this subject, you are expected to attend, arrive punctually and actively participate in classes. If you experience difficulties meeting this requirement, please contact your lecturer. Students who have a reason for extended absence (e.g., illness) may be required to complete additional work to ensure they achieve the subject objectives.

Recommended text(s)

The textbook for this subject is:

Pearson, M. (2007) The Journalist's Guide to Media Law – dealing with legal and ethical issues. Third Edition Allen and Unwin.

This book will be available at the Co-op book shop. Materials will be provided in class for Weeks one and two or will be found on the UTS Library site under Subject Resources. Go to Media Information and the Law.

There is a well developed UTS Online Media, Information and the Law site which has a large library of links to cases, media items and other important research materials. These are organised into folders in Course Documents on the On Line site.

Students are advised to keep in touch with contemporary events by monitoring the media. The is a Course blog on the On line site. If you see something of interest, post it on the Media, Information and the Law Blog.