76019 Broadcasting and Telecommunications Regulation
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78178 Telecommunications Law and Regulations AND 78179 Telecommunications Law and Regulations
Description
This subject addresses the law regulating the structure of electronic communications in Australia. The subject covers the regulation of broadcasting, telecommunications and online content. It provides students with an understanding of the policy and legal framework and addresses such questions as who can provide these services; what regulatory obligations are imposed on businesses providing these services; how are these sectors regulated to ensure that competition is promoted and no persons have undue influence over communications in Australia; what rules are in place to ensure that Australians, regardless of wealth, location, etc. have access to communications services; and how does the law respond to the impact of new technology. This is a very topical course with a changing menu of current issues. Some current issues include provision of broadband services and access across Australia, the switch to digital technology and the regulatory response as traditional broadcasting and telecommunications frameworks give way to a global multi-platform delivery environment.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the policy considerations which influence broadcasting and telecommunications regulation; |
|---|---|
| 2. | understand the laws which govern electronic communications; |
| 3. | understand the variety of regulatory design approaches adopted or available for regulation of the broadcasting and telecommunications sectors; |
| 4. | appreciate emerging issues in electronic communications regulation; |
| 5. | understand the policy debates and reform discussions relating to the specific legal topics covered in the course, and to evaluate the appropriateness of the legal responses to the policy goals. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: Teaching strategies will be based on a mix of lecture and seminar discussions. Lecture style will be used where it is appropriate to provide background and material in an area which is complex, rapidly changing, and not always well-served by academic literature. Class discussions will be designed to provide students with an opportunity to evaluate and develop their own policy and regulatory evaluation.
Strategy 2: Practical problem-solving exercises will also be used where appropriate.
Content (topics)
Topic 1: Introduction and Overview
Topic 2: Regulating Media and Communications Services
Topic 3: Media Content Regulation
Topic 4: Regulating Evolving Technology and Services: NBN Case Study
Topic 5: Classification and Content
Topic 6: Competition in the Media and Telecommunications Sector
Topic 7: Telecommunications Industry Codes and Consumer Protection
Assessment
Assessment task 1: IMPORTANT: The assessment regime allows students to select an assessment scheme which suits their particular needs and interests in this subject. Two options are available, however class participation is a required component in each of the assessment options. This will also ensure that students are able to demonstrate a basic understanding of legal issues arising across the entire subject. It is necessary to complete each component within an option for satisfactory completion of the subject. Once you have chosen an assessment option, you are not free to change your selection.
| Intent: | The assessment regime below allows students to select an assessment scheme which suits their particular needs and interests in the subject. Two options are available; however, class participation is a required component in each assessment option. This will also ensure that students are able to demonstrate a basic understanding of legal issues across the entire subject. |
|---|
Assessment task 2: Option I 1. Class Participation 2. Mid-Semester Assignment 3. End-Semester Assignment
| Intent: | 1. Class participation, worth 20% |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Length: | Class Participation: 1,000 words (notional) Mid-Semester Assignment: 2,000 words (maximum, excluding footnotes and the bibliography) End-Semester Assignment: 2,000 words (maximum, excluding footnotes and the bibliography) |
| Criteria: | 1. Class Participation: Knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of issues and readings; willingness to contribute to class discussions in an informed way; oral communication skills; cooperative group discussion skills; attendance. 2. Mid-Semester Assignment - Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of the relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). 3. End-Semester Assignment - Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of the relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Assessment task 3: Option II 1. Class Participation 2. Major Essay Proposal 3. Major Essay
| Intent: | 1. Class participation, worth 20% |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Length: | Class Participation: 1,000 words (notional) Major Essay Proposal: 750 words (maximum, excluding the source list) Major Essay: 3,250 words (maximum, excluding footnotes and the bibliography) |
| Criteria: | 1. Class Participation: Knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of issues and readings; willingness to contribute to class discussions in an informed way; oral communication skills; cooperative group discussion skills; attendance. 2. Major Essay Proposal: Nature and significance of essay question; nature and appropriateness of approach; identification of relevant issues; identification of interesting and relevant sources (both primary and secondary, as relevant); style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). 3. Major Essay: Nature, sophistication and significance of essay question; sophistication and appropriateness of approach; development of a sustained thesis or argument addressing the essay question; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Required texts
Text: There is no essential text required for this subject. Instead a Reading Guide has been prepared in two parts. Reading Guide - Part 1 covers Classes 1-6 and Reading Guide - Part 2 covers Classes 7-12. These Guides need to be read in conjunction with another document called, 'Class Papers', which sets out the required reading and provides a short introudction for each class. The Reading Guides contain many of the required readings for the classes but students may be asked to access other required readings online themsleves. The required reading may also be supplemented from time to time during the course of the semester as necessary.
The Reading Guides may be purchased from the UTS Haymarket Union Shop. The CN number will be advised when available. A set of Reading Guides will also be held in Closed Reserve in the UTS Library. The 'Class Papers' will be distributed to students in the first class and a soft copy will be posted on UTSOnline.
Statutory Materials: Broadcasting and telecommunications regulation is heavily influenced by statute and there are several important statutes which are relevant to this subject. However, it is not practical (or necessary) to purchase these statutes. Where relevant the Reading Guides may provide you with statutory extracts, however you should also make sure that you have access to electronic versions of the statutes, for example via ComLaw < http://www.comlaw.gov.au/> or AustLII < http://www.austlii.edu.au> as appropriate, as you will need to be familiar with the relevant statutes beyond what is extracted in the materials.
The key statutes (all federal) are:
Broadcasting and Services Act 1992 (Cth);
Telecommunications Act 1997 (Cth)
Other relevant statutes (all federal) are:
Radiocommunications Act 1992 (Cth);
Competition and Consumer Act 2010 (Cth);
Spam Act 2003 (Cth)
Recommended texts
Students may find the following useful as general references:
Scott Beattie and Elizabeth Beal, Connect & Converge: Australian Media and Communications Law (Oxford University Press, 2007)
Rhonda Breit, Professional Communciation: Legal and Ethical Issues (LexisNexis Butterworths, 2nd ed, 2011)
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 4th ed, 2012)
David Rolph, Matt Vitins, Judith Bannister, Media Law: Cases, Materials and Commentary (Oxford University Press, 2010)
References
Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010). This work sets out the Faculty's preferred style for referencing.
Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010)
UTS:LAW Subject Information Book (latest edition)
UTS:LAW Guide to Written Communication (latest edition)
UTS Assessment of Coursework Subjects: Policy and Procedures: < http://www.gsu.uts.edu.au/policies/assessment-coursework.html>
Other resources
Some useful journals and newspapers:
Communications Law Bulletin
Media and Arts Law Review
Telecommunications Journal of Australia
Some useful websites:
Australasian Legal Information Institute (AustLII): < http://www.austlii.edu.au>
Australian Communications and Media Authority (ACMA): < http://www.acma.gov.au>
Australian Communications Consumer Action Network: < http://accan.org.au>
Australian Competition and Communications Commission (ACCC): < http://www.accc.gov.au>
Australian Government, Classification Website: < http://www.classification.gov.au/>
Australian Government, Department of Communications: < http://www.communications.gov.au/>
Commonwealth Attorney-General: < http://www.ag.gov.au/>
ComLaw: < http://www.comlaw.gov.au/>
Some interesting radio and TV programmes:
ABC Radio National's Media Report: broadcast on Thursdays at 5.30pm, Fridays at 5.30am (repeat). Transcript and audio available at < http://www.abc.net.au/radionational/programs/mediareport/>.
