78166 Media and Entertainment Law and 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.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 78101c Postgraduate Legal Research OR 70616 Australian Constitutional Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76063 Media Law AND 78165 Media and Entertainment Law and Regulation

Description

This subject examines the legal and industry self-regulation of media and entertainment content. Students examine the policy and legal issues surrounding regulation of media and entertainment content (including arts, film, broadcasting, music, gaming, and telecommunications), particularly in light of developing media and communications technologies. Throughout the subject students analyse laws that restrict what can be expressed, exhibited, broadcast, published or distributed. Topics include freedom of speech, defamation, contempt, hate speech and vilification, obscenity and pornography, sedition, copyright, and the regulation of the internet.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	understand the key principles of media and entertainment law and how they impact upon the media and entertainment industries and the wider community generally;
2.	understand the laws regulating the media and entertainment industries and be able to identify relevant issues and then apply relevant law to solve legal problems. Appreciate the challenges posed by the internet to the regulation of content;
3.	develop reasoned, coherent and persuasive arguments and be able to think critically, analytically, reflectively and independently and demonstrate good academic method. Be able to reflect on your own learning in a meaningful and constructive way;
4.	be able to draw upon different perspectives and appreciate the tension between competing policy arguments underlying certain issues in media and entertainment law and be able to critically evaluate various options for reform;

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)

Teaching and learning strategies

Strategy 1: 2 Hour Lecture/Seminar per week
Strategy 2: Participation in class discussions
Strategy 3: Participation in on-line discussions and exercises on UTSOnline
Strategy 4: Undertake independent research and analysis of issues

Subject Delivery

This subject has 2 contact hours per week. Please consult the timetable for the time, day and room for classes. The classes comprise a mix of lectures and seminars and class discussions. There is also an expectation that you will read and prepare for classes as required. The subject coordinator may invite guest lecturers from legal practice, the judiciary or academia. In the past these lectures have proved particularly popular with students. .

The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetabled in My Subject Activities online at https://mysubjects.uts.edu.au.

Lecture Format: The lectures will be a combination of lecture and group discussions

Tutorial Format and Expectation of Student Participation: Class discussions are a very important component of the subject and is worth 20% of the final grade. There is an expectation that you will attend classes and participate in class discussions in an informed way.

Content (topics)

Introduction to media and entertainment law
Media and Entertainment industries in Australia
Freedom of Speech and its impact on content
Copyright
Censorship
Defamation
Contempt
Privacy
Sedition, Blasphemy and Anti-vilification laws
New technologies

Assessment

Assessment task 1: Participation

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0
Weight:	20%
Length:	While there is no formal word limit students are expected to make at least one post on each of the topics in the subject and each post should be a minimum of 150 - 200 words.
Criteria:	The grade awarded will be primarily based on the quality of contributions, although the frequency of a student’s contribution will be taken into consideration.

Assessment task 2: Research Essay Synopsis

Intent:	The purpose of this synopsis is to allow feedback to be given to the student during the writing of the essay.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0
Weight:	Mandatory task that does not contribute to subject mark
Length:	1000 words

Assessment task 3: Research Essay

Intent:	The research essay provides students with the opportunity to develop their research skills, improve your ability to comprehend and analyse legal principles and enhance your understanding of media and entertainment law.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0
Weight:	80%
Length:	4000 words
Criteria:	Essay Feedback: Explanation Of Criteria Used Introduction Interpretation of task and introduction Excellent/very good: Introduction shows a sound understanding of the issues and provides a clear outline of the scope of the paper Satisfactory: Generally satisfactory but could provide a clearer outline of the scope of the issues to be addressed / scope of the issues not fully defined Needs more/much more work: Launches straight in with little or no attempt to introduce and define the issues – the issues may have been misunderstood Content How well question was answered / Understanding of the topic Excellent/very good: Addressed question posed and demonstrated understanding of all main issues Satisfactory: Satisfactory grasp of basic issues and ideas around the topic Needs more/much more work: Some / too much misunderstanding, factual error, significant omission Logical organisation / development of argument Excellent/very good: Develops a logical argument and organizes ideas clearly Satisfactory: Could be better organized by sequencing (some) material more appropriately Needs more/much more work: Ideas not clear. Line of argument not clear Research skills / use of authorities Excellent/very good: All material used was relevant to the task – critical and comprehensive use of authorities – demonstrates understanding of law Satisfactory: Likely sources and references covered. Some / too much time spent reciting facts Needs more/much more work: Little evidence of supporting reading / inadequate preparation. Some / too much irrelevant and/or repetitive material included Critical analysis Excellent/very good: Well argued. All relevant issues explored and evaluated and conclusions reached Satisfactory: Most main issues explored. Some analysis and evaluation present Needs more/much more work: More analysis required. Work is descriptive, accepting and/or one-sided with little analysis or criticism

Required texts

No single text covers the entire scope of the course. Reading across a wide range of texts and materials is recommended.

The subject relies heavily on students using materials supplied in-class or available on the Internet.

Recommended texts

Texts

Australian Media Law, Butler D and Rodrick S, 4th ed Lawbook Co Sydney 2011
Media Law, Rolph, D, Vitins, M, and Bannister, J,OUP, Melbourne, 2010
Social Media and the Law, George, P; Allen, M; Benson, S; Collins, J; Mattson, J; Munsie, J; Rubagotti, G; Stuart,
G, LexisNexis, 2014
Law and Ethics for Professional Communicators, Breit, Butterworths, 1st ed, 2007

Additional References

Halsbury's Laws of Australia, Ch 19, Entertainment Law - sections on Censorship, Holland G (ed), Lexis Nexis
Freedom of Speech, Barendt E, 2nd ed, OUP, 2007
Media Law: Text and Cases, Barendt E., ed., Longman Law Series, 2013.
Freedom of Communication, Campbell T and Sadurski W (eds), Dartmouth, Aldershot, 1994.
Freedom of Speech in Australian law: a delicate plant, Chesterman M, Ashgate, Aldershot 2000.
Defamation Law in Australia, George, P, Butterworths, Sydney, 2012
Fox R G The Concept of Obscenity The Law Book Company Limited Melbourne 1967.
Regulating Racism: Racial Vilification Laws in Australia, McNamara L, The Institute of Criminology University of
Sydney, Sydney 2002.
Contempt of Court, Miller C J, 3rd ed OUP Oxford 2000.
The Courts and the Media (1999) 1 UTS Law Review, Keyzer P (ed)
The Courts and the Media: Challenges in the Era of Digital and Social Media, Keyzer, P. Johnston, J, & Pearson, M.
(Eds.). (2012), Halstead Press
The Public Right to Know (2004) 5 UTS Law Review, Holland G, Keyzer P & Nash C (eds)
Racism, Religious Intolerance and the Law (2006) UTS Law Review, P Keyzer (ed)
Media Arts Law Review

Students are expected to use the UTS Library online database to broaden the scope of research for the research essay.

Other resources

An extensive reading list will be provided to students but students are expected to conduct their own research and locate relevant articles, media reports, etc

Extensive resources are available online. Make use of the online databases available through the UTS Library, including LexisNexisAustralia and LawBookCo.

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