In order to pass this unit, internal students are required to:

1. meet the tutorial attendance requirement (see below under Tutorial Attendance Requirement);

2. participate in attended tutorials to a standard deemed satisfactory by the relevant teaching staff (see below under Tutorial Participation), and

3. attain at least 50 marks in the assessable tasks (see under Written Assessment below). 

Tutorial Attendance Requirement

In order to pass the unit, students must, in the case of at least ten topics, attend a tutorial relating specifically to that topic.

Students who miss a tutorial due to circumstances that constitute ‘serious and unavoidable disruption’ as defined by the University’s Disruption to Studies Policy will need to notify the University in accordance with that policy. If necessary they should apply for special consideration.

If a tutorial is cancelled for any reason then the attendance role will be marked as though all students registered in that tutorial attended it. Only students registered in the tutorial in question immediately prior to its cancellation will be deemed to have attended. There will be no tutorials on Monday 6 October due to this being a public holiday (Labour Day). Students registered in a tutorial that would have been held on that day but for it being a public holiday will be treated as though that tutorial had been held and the student had attended it.    

Note that the tutorial attendance requirement requires students to be present in mind as well as in body. Any student indulging in activities unrelated to the tutorial, such as surfing the web, whispering or working on assignments for other units, will be treated as though not attending. The student may also fail the unit due to unsatisfactory participation (see below under Tutorial Participation).

In the past, lateness in arriving at tutorials has become a recurring issue. For that reason, please note the following:

• Tutors will aim to commence tutorials promptly at five minutes past the hour.
• Tutors reserve the right to deem any student who fails to arrive prior to that time to have been absent from the tutorial.
• If you find it difficult to arrive on time because a previous tutorial runs late, please remind the tutor running the previous tutorial that tutorials are supposed to finish no later than five minutes to the hour.
• If you find it difficult to arrive on time because of problems with public transport or with finding a parking space, the solution is to catch an earlier bus or train or set out for the university earlier. None of these constitutes a valid excuse for repeated tardiness.

Changing your tutorial group

It is strongly recommended that you attend the same tutorial group throughout the Session. However, if your circumstances change during the Session and you need to change the day or time when you regularly attend (ie for two or more consecutive weeks) then you should re-register into another tutorial group. If the tutorial group that you wish to join is full then you will need to choose another. Under no circumstances will students be permitted to regularly attend a class in which they are not registered. The burden is on you to ensure that the tutor of the group you have moved into knows that you have joined the group and so records your attendances. (We are not automatically informed of changes in tutorial registration.)

Attending a tutorial other than the one in which you are registered

If you miss your regular tutorial then you may attend another tutorial without registering for it provided your attendance is for one week only. The burden is on you to ensure that the tutor of the group you attend records your attendance. Your attendance will count towards fulfilment of the tutorial attendance requirement provided these conditions are met. If you need to change to another tutorial group for two or more consecutive weeks then you will need to register in that group (see above under Changing your Tutorial Group).

Tutorial participation

In order to pass this unit students must have participated satisfactorily in all of the tutorials they attend. A student’s participation will be deemed satisfactory provided that student has shown sufficient regard for the tutorials’ principal objective, which is to further students’ understanding of the material under consideration. Student show sufficient regard by:

• preparing adequately for each tutorial they attend. This means listening to the lecture, completing the readings and thinking about the issues covered;
• actively participating, which includes answering tutors’ questions, making appropriate contributions to discussions and asking relevant questions of the tutor or fellow students as appropriate;
• listening and responding to views expressed by the tutor and fellow students with appropriate respect;
• cooperating in any tutorial activities as directed by the tutor; and
• refraining from indulging in activities unrelated to the tutorial, such as surfing the web, checking text messages, whispering, working on assignments, etc.

NB: your participation will NOT be deemed unsatisfactory simply on the basis that you:

• answer questions incorrectly or otherwise display a lack of understanding;
• indicate that you find something difficult to understand;
• disagree with your tutor’s views on any topic under discussion.

Written assessments

In order to pass this unit students need to attain at least 50 marks garnered from the following:

1. weekly quizzes (worth 24 marks in total);
2. the mid-semester written assignment (worth 36 marks);
3. the final research essay (worth 40 marks).

Weekly Quizzes

Twelve weekly quizzes will be set. The questions will be made available via iLearn at least one week prior to the deadline for submission of answers. The quizzes will be conducted using iLearn and students must post their responses via iLearn. Answers submitted by email will not be accepted.

Each quiz will consist of two questions, making 24 questions in total. Each question will be worth one mark. Generally speaking, the first question in each quiz will focus on the issues looked at in previous topics, while the second question will tend to relate to the present topic (although this pattern might be varied from time to time). Questions will often (but not necessarily) follow a standard multiple choice format, with students being required to select the best out of a range of possible answers. However, students will also be required to write a short statement justifying their choice of answer.

Marks will be awarded in relation to each quiz question as follows:

• Correct answer selected and adequate justification given:           1 mark
• Correct answer selected but no adequate justification given:       0 mark
• Incorrect answer selected but adequate justification given:         1 mark
• Incorrect answer selected and no adequate justification given:    0 mark

A justification will be deemed adequate only if it fulfils all of the following criteria:

• it displays a sound understanding of the relevant information and concepts covered in the lectures and/or readings;
• it displays an ability to correctly apply that material in answering the question;
• if an answer other than the convenor's preferred answer has been selected then it offers sufficient explanation as to why the selected answer is as good as or better than the convenor's preferred answer;
• it does not exceed 100 words in length, and
• it is provided as part of the student’s on-line response to the quiz (ie not as a separate email, etc).

Guidance on writing succinct justifications, as well as examples of what will be deemed adequate and inadequate, can be found in the document entitled Guide to Answering Quiz Questions, which can be found on iLearn.  

Students only have one opportunity to submit and justify their answers. Once submitted, neither the answer nor the justification can be amended or supplemented.

Answers to each quiz will be released on iLearn immediately after its deadline, with additional feedback being released (via a pdf document posted to iLearn) very shortly thereafter. For that reason, in no circumstances can an extension be granted for submission of answers.

Very occasionally it may be necessary for the convenor to amend a question after its release. This may be because the convenor has spotted an error or unintended ambiguity in the question. In the event of this happening, students who have already submitted an answer to the original question may choose to either be assessed on the basis of the original question or to instead attempt the revised question, in which case they will be assessed on the basis of their answer to the revised question. Questions will not be amended during the 72 hours leading up to the deadline.

Mid-Session assignment

Date for release of question:              8 am, Friday 19 September 2014 (Week 7)

Deadline for student submission:       11 pm, Monday 6 October 2014 (Week 8)

Students will write a 3,000-word answer in response to a question (or questions) posed by the convenor. The question(s) will relate to any or all of Topics 1 - 7 (inclusive). Further guidance on how to succeed in relation to the mid-Session assignment will be posted online at the time of the question’s release.  

Final research essay

Deadline for student submission:        11 pm, Friday 21 November 2014

Students will be expected to write an essay of up to 3,000 words in relation to a topic selected by them. The topic must be approved by the convenor by the end of Week 11 at the latest, although students are welcome to discuss their choice of topic at any stage in the session. The topic should relate to one of more of the issues under examination in the unit.

This unit will be delivered via iLearn, recorded lectures, readings and weekly tutorials. the iLearn site may be accessed via: https://ilearn.mq.edu.au/.

Students are required to have regular access to a computer and the internet. Mobile devices alone are not sufficient.

For technical support go to: http://mq.edu.au/about_us/offices_and_units/informatics/help.

For student quick guides on the use of iLearn go to: http://mq.edu.au/iLearn/student_info/guides.htm.

General notes:

• This schedule is liable to change in light of unforeseen circumstances. You will be notified of any changes via iLearn.
• Lectures are delivered only via iLearn. Unless notified otherwise, there are no ‘live’ lectures in this unit.
• The prescribed textbook for this unit is:
  • Des Butler and Sharon Rodrick, Australian Media Law (4^th edn, 2012, Thomson Reuters), ISBN: 978-0-455-22846-4
• If you want to acquire an additional textbook then I recommend:
  • David Rolph, Matt Vitins and Judith Bannister, Media Law: Cases, Materials and Commentary (Oxford Uni Press, 1st edition, 2010). ISBN: 978-0-19-555913-2.
• Students are expected to find and read other relevant material, particularly in relation to the final research essay. The following prescribed readings should be considered simply a platform on which students should develop their own program of study.

Notes on accessing readings:

• ‘Butler & Rodrick’ refers to the prescribed textbook (see above).
• Where indicated, other readings are available from E-Reserve: http://www.lib.mq.edu.au/reserve/
• If no other indication is given, the reading is available on-line via Macquarie’s library catalogue.

PART A:  FREE SPEECH

• NB: In Week 1 (4 – 8 August) there will be tutorials. Although there will be no set readings for tutorials in Week 1, they will deal with important introductory and administrative matters. Students are strongly advised to attend. 

Topic 1:  The Free Speech Principle

Principles guide policy makers in the design of rules. This lecture asks what principles should govern media law. Should everything be premised on some kind of right to free speech? If so, what do we mean by this right and is it all it is cracked up to be?

• Lecture: downloadable by Friday, 1 August (end of Week 0)
• Deadline for Quiz A: 11.00 pm, Sunday 10 August (end of Week 1)
• Date of tutorials relating to this topic: 13 August (Week 2)
• Readings:
  • Essential:
    • Butler & Rodrick, chapters 1 and 2, (pp 1 – 26);
    • Frederick Schauer, extract from ‘The Free Speech Principle’ in Free Speech: a Philosophical Enquiry, (1982), 3 – 12 (available from E-Reserve);
    • Frederick Schauer, ‘Free Speech and the Good Life’ in Free Speech: a Philosophical Enquiry, (1982), 47 – 59 (available from E-Reserve);
  • Desirable:
    • Robert Kubey and Mihaly Csikszentmihalyi, ‘Television Addiction Is No Mere Metaphor’, (23 Feb 2002) 286.2 Scientific American, 74 – 81).

Topic 2:  Political Expression

This lecture continues to consider the arguments generally used in support of freedom of expression, focussing on the part free speech plays in a healthy democracy. Australia's High Court has given constitutional protection to political expression, but was that a good thing? Looking in particular at the issue of paid political advertising in broadcasting, I argue that the central problem lies in how we habitually conceptualise freedom.

• Lecture: downloadable by Friday, 2 August (end of Week 1)
• Deadline for Quiz B: 11.00 pm, Sunday 17 August (end of Week 2)
• Date of tutorials relating to this topic: 20 August (Week 3)
• Readings:
  • Essential:     
    • Frederick Schauer, ‘Free Speech in a World of Private Power’ in Tom Campbell and Wojciech Sadurski (eds), Freedom of Communication (1994) 1 – 16 (available from E-Reserve);
    • Butler & Rodrick, chapter 4 (part), paras 4.570 – 4.630 (pp 194 – 204);
    • Roy Baker, ‘Political Payola: the “Cash for Comment” Scandal and Australia’s Protection of Political Speech’ (2002) 7.1 Media & Arts Law Review 27 – 42 (available from http://www.lawapps.law.unimelb.edu.au/cmcl/malr/contents.html).

Topic 3:  Free Speech and the Nation

Historically, the state regulated speech so as to protect itself from its subjects. While to a degree it still does so, in more democratic times attention has switched towards safeguarding national cohesion. This lecture considers the extent to which states are entitled to regulate speech that vilifies sections of the community, such as racial, ethnic and sexual minorities, and which may lead to internal strife.

• Lecture: downloadable by Friday, 9 August (end of Week 2)
• Deadline for Quiz C: 11.00 pm, Sunday 24 August (end of Week 3)
• Date of tutorials relating to this topic: 27 August (Week 4)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 10 (pp 579 – 599);
    • Stanley Fish, ‘There’s No Such Thing As Free Speech, and It’s a Good Thing Too’ in H Aram Veeser (ed), The Stanley Fish Reader (1999) 145 – 164 (available from E-Reserve);
    • Butler & Rodrick, chapter 9 (part), paras 9.10 – 9.490 (pp 525 – 552).
  • Desirable:
    • Stanley Fish, ‘Holocaust Denial and Academic Freedom’ (2001) 35 Valparaiso University Law Review 499;
    • Richard H Weisberg, ‘Fish Takes the Bait: Holocaust Denial and Post-Modernist Theory’ 14 Cardozo Studies in Law and Literature 131 – 141.

Topic 4:  Pornography

If we accept the harm principle then we should not regulate erotica simply in order to safeguard the morals of its consumers. But pornography has been accused of objectifying those who appear in it, particularly women. Indeed, it has been described as nothing more than hate speech directed towards women. Using feminist theory, free speech discourse and the latest findings in neuroscience, this lecture compares various regulatory approaches to sexual content.   

• Lecture: downloadable by Friday, 16 August (end of Week 3)
• Deadline for Quiz D: 11.00 pm, Sunday 31 August (end of Week 4)
• Date of tutorials relating to this topic: 3 September (Week 5)
• Readings:
  • Essential:
    • Regina Graycar and Jenny Morgan (eds), Hidden Gender of Law (Foundation Press, 2002) 403-19 (available from E-Reserve);
  • Butler & Rodrick, chapter 9 (part), paras 9.500 – 9.790 (pp 553 – 577).
  • Desirable:
    • Neil Thornton, ‘The Politics of Pornography: a Critique of Liberalism and Radical Feminism’ (1986) 22(1) Australian and New Zealand Journal of Sociology, 25 (available from E-Reserve);
    • Andrea Dworkin and Catherine MacKinnon, Appendix D: ‘Model Anti-pornography Civil-Rights Ordinance’,  Pornography and Civil Rights: a New Day for Women’s Equality (Organizing against Pornography, Minneapolis, 1988) (available at http://www.nostatusquo.com/ACLU/dworkin/other/ordinance/newday/TOC.htm);
    • Norman Doidge, ‘Acquiring tastes and loves: What neuroplasticity teaches us about sexual attraction and love’ in The Brain That Changes Itself: Stories of Personal Triumph From the Frontiers of Brain Science (2007), 93-131 (available from E-Reserve).

PART B:  DEFAMATION LAW

Topic 5:  Liability for Defamation

In Australia, one of the major legal constraints on journalistic freedom derives from defamation law. Starting off by asking whether any of us are entitled to laws that safeguard our reputations, this lecture considers how the tort of defamation is committed.

• Lecture: downloadable by Friday, 23 August (end of Week 4)
• Deadline for Quiz E: 11.00 pm, Sunday 7 September (end of Week 5)
• Date of tutorials relating to this topic: 10 September (Week 6)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 3 (part), paras 3.10 – 3.600 (pp 27 – 60);
  • Desirable:    
    • Roy Baker, ‘Defamation and the Moral Community’ (2008) 13.1 Deakin Law Review 1 – 35;
    • Roy Baker, Defamation Law and Social Attitudes: Ordinary Unreasonable People (Edward Elgar, 2011), chapter 8 (pp 290 – 309).

Topic 6:  Defamation Defences and Remedies

Continuing our analysis of defamation law, this lecture looks at the defences available to media outlets that cause damage to reputation, and asks whether those reputations are overly protected.

• Lecture: downloadable by Friday, 30 August (end of Week 5)
• Deadline for Quiz F: 11.00 pm, Sunday 14 September (end of Week 6)
• Date of tutorial relating to this topic: 17 September (Week 7)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 3 (part), paras 3.610 – 3.1340 (pp 60 – 121).

Topic 7:  Alternatives to Defamation

In this lecture I ask whether the tort of defamation is a broken tort, and whether the issue of protection of reputation is not better addressed through other forms of legal action, such as the tort of injurious falsehood or negligence, or a new action for breach of privacy.

• Lecture: downloadable by Friday, 6 September (end of Week 6)
• Deadline for Quiz G: 11.00 pm, Sunday 5 October (end of recess)
• Date of tutorials relating to this topic: 8 October (Week 8)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 3 (part), paras 3.1350 – 3.1500 (pp 121 – 131);
    • Butler & Rodrick, chapter 11 (pp 601 – 621);
  • Additional:
    • David Rolph, Matt Vitins and Judith Bannister, Media Law: Cases, Materials and Commentary (Oxford Uni Press, 1st edition, 2010), (available from E-Reserve), chapter 9 (pp 352 – 398).

PART C:  PRIVACY

Topic 8:  Access to Information

This lecture considers the extent to which the law both facilitates and hinders journalists' access to information, as well as its distribution via the media.

• Lecture: downloadable by Friday, 13 September (end of Week 7)
• Deadline for Quiz H: 11.00 pm, Sunday 12 October (end of Week 8)
• Date of tutorials relating to this topic: 15 October (Week 9)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 7 (pp 395 – 446).

Topic 9:  Privacy of Information and Communications

Controversy over phone hacking by journalists has exploded in the UK in recent years, has led to the closure of one of the country's oldest newspapers and could even threaten the Murdoch empire as we know it. This lecture considers whether the same thing could happen in Australia.

• Lecture: downloadable by Friday, 4 October (end of Week 8)
• Deadline for Quiz J: 11.00 pm, Sunday 19 October (end of Week 9)
• Date of tutorials relating to this topic: 22 October (Week 10)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 8 (part), paras 8.10 – 8.440 (pp 447 – 473).

Topic 10:  Personal Privacy

Historically, the common law never offered a remedy specifically designed to protect personal privacy. With the development of a more intrusive press, disquiet over this omission has become increasingly vocal. This lecture compares developments in the law of privacy in Australia with those overseas, particularly in Europe, where laws protecting privacy have a longer pedigree.

• Lecture: downloadable by Friday, 11 October (end of Week 9)
• Deadline for Quiz K: 11.00 pm, Sunday 26 October (end of Week 10)
• Date of tutorials relating to this topic: 29 October (Week 11)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 8 (part), paras 8.450 – 8.1130 (pp 473 – 523).

PART D:  MEDIA CONTROL

Topic 11:  Broadcasting Regulation

Of all Australian media, television and radio have been the most tightly regulated in recent decades. With advances in technology, particularly digital broadcasting and the internet, justifications for retaining the traditional structure of regulation have become increasingly strained. This lecture considers the argument for and against rigorous government intervention in broadcasting and asks whether it is time to set television and radio free.

• Lecture: downloadable by Friday, 18 October (end of Week 10)
• Deadline for Quiz L: 11.00 pm, Sunday 2 November (end of Week 11)
• Date of tutorials relating to this topic: 5 November (Week 12)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 14 (part), paras 14.10 – 14.1450 (pp 715 – 853).

Topic 12:  Media Ownership

There is little point in freedom of expression if there is only one man talking. This lecture looks at how Australian law seeks to guarantee at least a modicum of media diversity, and why those efforts have been under attack in recent years.

• Lecture: downloadable by Friday, 25 October (end of Week 11)
• Deadline for Quiz M: 11.00 pm, Sunday 9 November (end of Week 12)
• Date of tutorials relating to this topic: 12 November (Week 13)
• Readings:
  • Essential:     
    • Butler & Rodrick, chapter 15 (pp 865 – 910).