78177 Converging Media Industries: Regulatory Challenges
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)) OR 78203c Communications and Intellectual Property Law Overview )
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): 78180 Converging Media Industries: Regulatory Challenges
Description
Changes in technology and the growth of digital delivery have meant that established means of regulating the media are under strain because of innovation and changes in audience expectations and behaviour. Media regulation has traditionally been siloed and platform based. Broadcast media are presently regulated by statute, the press by self-regulation and online and digital media by little specific regulation at all.
Several recent inquiries have attempted to address this asymmetrical approach to media regulation in an increasingly converged environment. This subject examines cross-jurisdictional efforts in proposals for regulatory reform. In Australia, the Finkelstein Review, the Convergence Review and the Classification Review addressed the challenge of changed media practice. In the United Kingdom, New Zealand and Singapore, government agencies also engaged in scoping for reform.
Media convergence changes the regulatory paradigm. The focus shifts from platforms to ubiquitous content and from regulating technology to serving the interests of audiences wherever they read, watch or listen. Audiences are no longer passive but interactive with audience engagement and contribution forming part of the media's value proposition.
This subject explores the legal and regulatory consequences of a converged media space. If the existing media regulatory framework is now inadequate, what are the principles and practice whereby appropriate cross-platform regulation can be put in place? In this new converged world, does the purpose and reach of regulatory intervention need review? Where appropriate, this subject makes use of comparative analyses with particular reference to the United Kingdom, Canada, New Zealand and Singapore. By completing this subject, students are equipped to think and work more effectively in a converged media environment.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate an advanced understanding of the policy, principles and regulatory models associated with broadcasting and communications regulation, as well as the factors contributing to pressures on traditional approaches to regulation |
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| 2. | demonstrate an advanced understanding of the debate concerning the place for ongoing regulation of broadcasting and converged communications |
| 3. | evaluate a range of policy positions and regulatory responses to converged media issues and proffer feasible regulatory responses, where appropriate |
| 4. | engage in a comparative analysis of selected regulatory models for a converged media |
| 5. | demonstrate an advanced understanding of the ethical dimensions of converged media issues and an ability to reflect upon and respond to ethical challenges arising in the converged media space in ways that demonstrate a high level of accountability and professional judgment |
| 6. | communicate effectively, orally and in writing, concepts, views and arguments, regarding converged media issues, clearly, logically and persuasively and in an academic and professional manner |
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) - Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Communication and Collaboration
Effective and appropriate professional 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: Independent study, to develop, deepen and consolidate knowledge and understanding of relevant issues.
Strategy 2: Class discussions and other class activities, to provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions. Students will be able to gain valuable feedback from their colleagues and the Academic and at the same time develop their oral communication skills.
Strategy 3: Lectures, where appropriate, to introduce topics and provide further background and material to facilitate: understanding of complex issues and concepts in an area which is complex, rapidly changing and not always well-served by academic literature; independent study; and, class discussions.
Strategy 4: Assessment tasks, these are designed to develop the graduate attributes targeted by this subject as well as fulfil the subject learning objects.
Strategy 5: blended learning, this subject will be supported by UTSOnline
Subject Delivery:
8 X 3hr face-to-face classes.
Classes will consist of a mix of class discussions, lectures and other activities. The Class Program is set out in this Subject Outline. The Class Papers are included in the 78177/78180 CMI:RC Learning Guide.
Teaching and learning in this subject will be supported by UTSOnline (online.uts.edu.au) to:
- disseminate information about the subject;
- provide electronic copies of (some) subject materials;
- clarify assignment and subject administration matters;
- host various forums on the Discussion Board including: the ‘your questions about the subject forum, the ‘interesting new developments alert’ forum, and the ‘overflow discussion’ forum;
- communicate with students; and
- run written assessment task through Turnitin for originality checking.
It is the responsibility of students to ensure that they are registered on UTSOnline for this subject and to regularly check this site for postings. If you have any difficulties accessing UTSOnline, you should contact the IT Support Centre by phone on (02) 9514 2222 or submit an online request via UTS ITD <www.itd.uts.edu.au> without delay so as to ensure that you do not miss out on valuable learning experiences in this subject.
Content (topics)
- The Nature of Convergence: Why is it so radically different from established approaches to thinking about the media?
- Issues in Regulatory Purpose and Design.
- The Effectiveness of Partly Converged Regulators: A window on matters for reform - ACMA (Aust), Ofcom (UK), CRTC (Canada).
- A Regulatory Response to a Converged Media: (1) Australian Initiatives (a) The Finkelstein Review (2012), (b) Convergence Review (2012), (c) ALRC, Classification – Content Regulation and Convergent Media (2012), (d) Media Reform Proposals 2013 and 2015, (e) ACCC decision on Foxtel acquisitions in Ten Network (2015).
- A Regulatory Response to a Converged Media: (2) The NZLC News Media Meets ‘New Media’ Report (2013).
- A Regulatory Response to a Converged Media: (3) UK and Wider European Initiatives (a) UK House of Lords, Media Convergence (2013), (b) European Commission, Green Paper: Preparing for a Fully Converged Audiovisual World (2013).
- A Regulatory Response to a Converged Media: (4) The Singapore Media Development Authority, Convergence Review (2012).
- Distilling the Issues in the Debate about Regulating in a Converged Media Environment.
- Regulatory Tools in a Converged Media Environment.
Assessment
Assessment task 1: Important
| 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 and regulatory issues arising across the entire subject. Option 1:
OR Option 2
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 5.0 |
| Weight: | 100% |
Assessment task 2: Option 1: Class Participation, Research Essay Proposal, Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 5.0 |
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| Length: | Class Participation: 1,000 words (notional) Research Essay Proposal: 1,000 words (excluding footnotes, the source list and prior work declaration). A deviation of 10% is permissible. Research Essay: 5,000 words (excluding footnotes and the bibliography). A deviation of 10% is permissible. |
| Criteria: | 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. Research Essay Proposal: Nature and significance of essay question; nature of approach; identification of relevant issues; articulation of ethical dimension; identification of interesting and relevant sources (both primary and secondary, where relevant); style and expression; referencing in accordance with the Faculty’s preferred style (AGLC3). Research Essay: Nature and sophistication of essay question and 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; response to ethical dimension; 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 2: Class Participation, Minor Essay (1) and Minor Essay (2)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 5.0 |
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| Length: | Class Participation: 1,000 words (notional) Minor Essay (1): 3,000 words (excluding footnotes and the bibliography). A deviation of 10% is permissible. Minor Essay (2): 3,000 words (excluding footnotes and the bibliography). A deviaiton of 10% is permissible. |
| Criteria: | 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. Minor Essays (2): 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; response to ethical dimension; 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
1. There is no single substantive text available which is appropriate for this subject. Instead a set of Topic Papers has been prepared and included in the Learning Guide which will be made available on UTSOnline. The Topic Papers provide a guide to each topic, including what to read/view/listen to for each topic, some discussion starter questions as well as suggestions for further reading. Many of the required materials are available as eReadings in the UTS Library's eReading collection ('Digital Resources Register'). For the remainder, students will be given sufficient information to locate these otherwise online. The Topic Papers may also be supplemented from time to time during the course of the session as necessary.
2. Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010) (AGLC3). This work sets out the Faculty’s style for referencing. You may purchase a copy or view it online through the Library's catelogue.
Recommended texts
Eric Barendt, Jason Bosland, Rachael Brauford-Smith and Lesley Hitchens, Media Law: Text, Cases and Materials (Pearson Education, 2014).
Scott Beattie and Elizabeth Beale, Connect + Converge: Australian Media and Communications Law (Oxford University Press, 2007).
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 5th ed, 2015).
Mike Fentuck and Mike Varney, Media Regulation, Public Interest and the Law (Edinburgh University Press, 2nd ed, 2006).
Lesley Hitchens, Broadcasting Pluralism and Diversity: A Comparative Study of Policy and Regulation (Hart Publishing, 2006).
Peter Lunt and Sonia Livingstone, Media Regulation: Governance and the Interests of Citizens and Consumers (SAGE, 2012).
Monroe E Price, Stefaan G Verhulst and Libby Morgan (eds), Routledge Handbook of Media Law (Routledge, 2013).
David Rolph, Matt Vitins, Judith Bannister and Daniel Joyce, Media Law: Cases and Materials (Oxford University Press, 2nd ed, 2015).
References
Michelle Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010).
UTS Law Student Guidebook (latest edition).
UTS:LAW Guide to Written Communication (latest edition).
UTS Assessment of Coursework Subjects: Policy and Procedures, available at <www.gsu.uts.edu.au/>.
Other resources
Further references:
Lord Justice Leveson, ‘Hold the Front Page: News Gathering in a Time of Change’ (Speech delivered at the University of Melbourne, 12 December 2012) available at <www.judiciary.gov.uk>. [Preliminary reading].
Australian Communications and Media Authority, Broken Concepts: A 2013 Update on the Australian Communications Legislative Landscape (June 2013), available at <www.acma.gov.au>.
Terry Flew, The Convergent Media Policy Moment (2012) 3(3) ICS Occasional Paper Series (UWS Institute for Culture and Society) available at <www.uws.edu.au>.
Journals/Newspapers:
Australian Financial Review
Communications Law Bulletin
Journal of Media Law (UK journal)
Media and Arts Law Review
Telecommunications Journal of Australia
The Australian (Monday edition's 'Media' section)
Some interesting websites:
Australasian Legal Information Institute (AustLII): <www.austlii.edu.au>
Australian Communications and Media Authority (ACMA) <www.acma.gov.au/>.
Australian Competition and Communications Commission (ACCC) <www.accc.gov.au/>.
Department of Communications <www.communications.gov.au/>.
mediaweek <mediaweek.com.au>.
mUmBRELLA <mumbrella.com.au/>.
Office of Communications (UK) (Ofcom) <www.ofcom.org.uk/>.
TV Tonight <www.tvtonight.com.au>.
Interesting Radio and Television Programmes:
ABC Media Watch, broadcast on ABC1 on Mondays at 9.20pm, repeated on Tuesdays at 10.45am and Thursdays at 1.05am, transcript and broadcast available at <www.abc.net.au/mediawatch/>
