78204 Legal Perspectives on the Internet
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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: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR 78203c Communications and Intellectual Property Law Overview 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))
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): 78252 Legal Perspectives on the Internet
Description
This subject covers a range of legal issues which face challenges because of the internet's ubiquity and global reach. It enables students to see the interplay of media law, communications law, and intellectual property as legal and regulatory solutions are sought for online situations and the impact on freedom of expression.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate awareness of emerging regulatory challenges in relation to the Internet and its use and applications; |
|---|---|
| 2. | understand current law applicable to the online regulation; |
| 3. | understand the policy principles and regulatory approaches; |
| 4. | evaluate critically relevant policy issues; |
| 5. | evaluate and put forward feasible policy and regulatory options. |
| 6. | Communicate effectively, orally and in writing, concepts, ideas, views and arguments regarding legal and regulatory issues arising on the internet. |
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) - 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, to provide an opportunity for students to critically explore, analyse and reflect on selected issues as well as develop their oral communication skills.
Strategy 3 - Lectures, where appropriate, to introduce topics and provide further background and material to facilitatee understanding of complex issues and concepts, independent study and class discussions.
Strategy 4 - Assessment tasks, there are designed to develop the graduate attributes targeted by this subject as well as fulfil the subject learning objectives.
Strategy 5: Blended learning, this subject will be supported by UTSOnline.
Content (topics)
- International Legal Framework and jurisdictional challenges
- Copyright and digital environment
- Content regulation: censorship and filtering
- Impact of Internet on traditional media rules: eg defamation; contempt; whistleblowers and journalist’s sources
- Journalists’ ethics and impact of new forms of online reporting: eg, blogs; wiki-leaks
- Privacy and social networks
- Cybercrime and bullying; identity theft.
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 assessment option. This will also ensure that students are able to demonstrate a basic understanding of legal issues arising across the entire subject
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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Assessment task 2: Option 1: 1. Class Participation 2. Research Essay Proposal 3. 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, 3.0 and 5.0 |
|---|---|
| Length: | Class Participation: 1,000 words (notional) Research Essay Proposal: 1,000 words (excluding footnotes, the prior work declaration and the (preliminary) source list). 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 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). Research 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). |
Assessment task 3: Option 2: 1. Class Participation 2. Minor Essay (1) 3. 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, 3.0 and 5.0 |
|---|---|
| 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 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. Minor Essay (1): 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). Minor Essay (2): 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). |
Required texts
There is no prescribed text for this subject. Instead a Reading Guide has been prepared which will be made available on UTSOnline. It provides a guide to each class, which includes a brief introductory note to the topic, what to read/view/listen to beforehand, some discussion starter questions as well as suggestions for further reading. Most of the required readings 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 online. The Reading Guide may also be supplemented from time to time during the course of the semester as necessary.
Recommended texts
The following may be useful general references:
Scott Beattie and Elizabeth Beal, Connect & Converge: Australian Media and Communications Law (Oxford University Press, 2007)
Rhonda Breit, Professional Communication: Legal and Ethical Issues (LexisNexis Butterworths, 2nd ed, 2011)
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 4th ed, 2012) - new edition forthcoming in 2015.
Brian Fitzgerald, Anne Fitzgerald, Gaye Middleton, Eugene Clark and Yee Fen Lim, Internet and E-Commerce Law (Lawbook, 2011)
David Rolph, Matt Vitins, Judith Bannister, Media Law: Cases, Materials and Commentary (Oxford University Press, 2010) - n ew edition forthcoming in 2015.
References
For the Faculty's preferred style for referencing:
Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010)
For plain language writing:
Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010)
For general information about UTS Law subjects:
UTS:LAW Subject Information Booklet (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
As a general introduction to the Internet and the idea of regulating it, the following may be of interest:
Internet World Stats <www.internetworldstats.com/>
John Palfrey, ‘Four Phases of Internet Regulation’ <www.law.harvard.edu/faculty-workshops/paffrey.faculty.workshop.summer.2010.pdf>
Leila Green, The Internet: An Introduction to New Media (Berg, 2010)
Lawrence Lessig, 'The Law of the Horse: What Cyberlaw Might Teach’ (1999) 113 Harvard Law Review 501
<cyber.law.harvard.edu/works/lessig/LNC_Q_D2.PDF>
Some useful journals:
Communications Law Bulletin
Internet Law Bulletin
Media and Arts Law Review
Telecommunications Journal of Australia
Some useful websites:
Australasian Legal Information Institute (AustLII): <www.austlii.edu.au>
Australian Government, Classification Website <www.classification.gov.au/>
Commonwealth Attorney-General: <www.ag.gov.au/>
Electronic Frontiers Australia: <www.efa.org.au/>
Some interesting Radio and TV programmes:
ABC Radio National's Media Report: broadcast on Thursdays at 5.30pm, repeated on Fridays at 5.30am. Transcript and audio available at <www.abc.net.au/radionational/programs/mediareport/>
ABC Media Watch, broadcast on ABC1 on Mondays at 9.20pm, repeated on Tuesdays at 11.45am and Wednesday at 12.25am, transcript and broadcast available at <www.abc.net.au/mediawatch/>
Some interesting DVDs:
The Social Network (Directed by David Fincher, Columbia Pictures, 2010)
