Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Dr Roy Baker
Contact via email
W3A 509
For consultation times see iLearn page
|
---|---|
Credit points |
Credit points
3
|
Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or (39cp including MAS214)
|
Corequisites |
Corequisites
LAW203 or (39cp including (ICOM304 or MAS302 or MAS330 or POL302)
|
Co-badged status |
Co-badged status
|
Unit description |
Unit description
While focusing on Australia, this unit takes an international and comparative perspective on key media issues. How do different countries decide who should control the media, as well as what they should and should not show? If we value free speech, how should we regulate material such as political debate, defamation, privacy, pornography, vilification and advertising? How do we hit the right balance between state media control and the right of individuals to free expression? We look at the day-to-day legal restrictions on the media and students get to experience what it is like to advise on media content.
|
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
In order to pass this unit students must:
A. participate satisfactorily at the on-campus session (see below), and
B. attain at least 50 marks garnered from the following:
The on-campus session (OCS) for this unit will be held on 16 and 17 April. In order to pass this unit students must attend the OCS in its entirety (ie from 9 am until 4 pm both days) and participate satisfactorily. Satisfactory participation involves:
Notwithstanding the above, OCS are meant to be non-threatening environments in which students can make mistakes and own up to any difficulties with the material being studied. An OCS is a place to learn, not just to demonstrate what you have previously learned. While tutors may need to correct mistakes, every effort will be made to avoid causing any degree of embarrassment.
In particular, your OCS participation will not be assessed as unsatisfactory simply on the basis that you:
provided that it is nevertheless evident that you adequately prepared for the OCS, in that you made sufficient effort to try to understand the material. In short, tutors should be highly tolerant of failures to understand, highly intolerant of failures to try to understand.
Students are expected to attend both days of the OCS. Sessions will start promptly at 9 am and will end at 4 pm, with appropriate breaks for lunch and refreshment.
For most students this is an elective unit. If you realise prior to the close of enrolment into units that you are unable to attend the two OCS days in their entirety then you should choose another unit.
If after the start of session it transpires that you cannot attend any part of the OCS for reasons that you could not have anticipated, avoided or guarded against at the start of session then you will need to apply for special consideration in relation to your absence. You are likely to be allocated some written work in lieu of your attendance.
Twelve weekly quizzes will be set. These will be identified as Quizzes A to M. (There is no Quiz I.) Questions will primarily relate to the topic under examination that week, meaning that Quiz A will mainly relate to Topic 1, Quiz B to Topic 2, etc. The quizzes will be conducted using iLearn and students must post their responses via iLearn. Students must submit their answers for each quiz by the deadline stipulated in the Schedule below. Generally the deadline falls at 11 pm on Sunday evenings. Once their answers have been submitted, students will not be permitted to revise those answers.
Subject to that 11 pm deadline, students will have 30 minutes from when they first open the quiz to submit all of their answers. That time limit cannot be extended. At the end of 30 minutes the quiz is submitted automatically with whatever answers have been filled in so far. If you open the quiz after 10.30 pm on the day of the deadline then the quiz will nevertheless close at 11 pm, meaning that you will have less than 30 minutes to submit your answers.
Students stand to gain marks in relation to the first 10 quizzes they attempt. Students will be deemed to have attempted a quiz if they submit an answer to one or more of its questions. Students may attempt more than 10 quizzes in order to further their learning but they will not gain marks for the 11th or 12th quiz they attempt.
Each quiz will be worth two marks. The precise format of the questions cannot be determined at this stage and may change as the session progresses. The current intention is that there will be five questions as follows:
Answers to each question will be released on iLearn immediately after the relevant quiz's deadline. Where appropriate online feedback will also be provided. For that reason, under no circumstances can extensions be granted for the submission of answers.
If you miss a quiz then the first thing to ask yourself is whether you can still complete 10 out of the 12 quizzes (assuming no further misadventure). That will be the case unless you have already missed two or more quizzes. If you are still able to complete 10 out of the 12 quizzes (assuming no further misadventure) then there is no need to notify your tutor or convenor or apply for special consideration. You should only apply for special consideration if you have already missed two or more quizzes. Applications for special consideration should be made online via ask.mq.
If your application for special consideration is successful then you will be granted permission to complete a substitute quiz. Questions for the substitute quizzes will be released one week prior to the final examination and the deadline for the substitute quizzes will coincide with the end of the final examination.
If you do not qualify for special consideration then you will simply have to forego the marks for the missed quiz. If you miss more than two quizzes then that does not automatically result in a fail.
You are strongly recommended not to miss a quiz unless it is unavoidable to do so. By assiduously attempting all quizzes from the outset you will be able to keep two quizzes in reserve. Having quizzes in reserve may prove extremely helpful if you later miss a quiz due to circumstances that do not qualify for special consideration (eg you suffer a disruption of fewer than three days' duration or you simply forget a quiz deadline). By holding two quizzes in reserve, you would still have an opportunity to achieve full marks in the quiz component of the unit.
During the afternoon of 8 May 2016 students will be asked to write an advice in relation to a hypothetical script for a proposed radio or television item. The advice will need to relate to the legal risks inherent in broadcasting the item. Where unacceptable risks exist, students will be expected to suggest ways of reducing those risks to an acceptable level.
Students will be able to download the script and related information from iLearn at 1 pm on 8 May 2016. They will need to upload their advice to iLearn (via Turnitin) by 8 pm the same day.
Detailed instructions on how to complete the exercise, as well as a marking rubric and tips on how to do well, will be made available on iLearn one week prior to the exercise. The exercise will be designed to test students' understanding of content studied in Topics 2 to 7 (inclusive).
A key purpose of the research assignment is to develop and assess competencies in independent research and writing. Students will be required to submit (via Turnitin) a 2,500 word research paper by 11 pm, 10 June 2016.
This unit's lectures and prescribed readings focus on how Australia regulates the following aspects of the media and media content:
In their research papers students will be asked to choose one of these aspects of media regulation and compare how Australia deals with it in comparison to one or more jurisdictions outside Australia. They will be required to frame that comparison in terms of the ideas relating to freedom of expression that we examine at the start of the unit (ie the works of John Stuart Mill, Frederick Schauer and/or Stanley Fish).
Detailed instructions and advice relating to the research assignment, as well as a marking rubric, will be provided to students in Week 3.
Students will sit a two-hour exam that consists of a number of multiple choice questions. The questions will focus on material covered in Topics 8 to 12 (inclusive). The questions will be made available to students via iLearn at the start of the exam and students will be required to submit their answers online.
In addition to selecting an answer to each question, students will be required to write a short statement justifying their choice of answer. Those statements must be submitted separately to iLearn (via Turnitin) during the exam period.
Each question will be allocated a certain number of marks. A student will receive all of the marks for a question provided that student selects the correct answer and adequately justifies (during the exam) the student's choice. Students will receive no marks for a question if they provide no adequate justification for their choice of answer during the exam.
A justification will be deemed adequate only if it fulfils all of the following criteria:
Note that it is not enough to choose the wrong answer but then demonstrate an understanding of the relevant material in your written statement. Conversely, if you choose the correct answer but nevertheless demonstrate in your justification an insufficient understanding of the material then you will gain no mark for that question. Note also that in relation to each question you will either receive the full number of marks allocated to that question or you will receive no marks at all.
Further information relating to the exam, including guidance on writing succinct justification statements, will be provided to students three weeks prior to the exam.
Name | Weighting | Due |
---|---|---|
OCS participation | 0% | Various: see Schedule below |
Quizzes | 20% | Various: see Schedule below |
Program advice exercise | 20% | 1 - 8 pm, 8 May 2016 |
Research assignment | 40% | 11 pm, 10 June 2016 |
Final examination | 20% | 2 - 4 pm, 14 June 2016 |
Due: Various: see Schedule below
Weighting: 0%
On-campus session participation is assessed as pass/fail
Due: Various: see Schedule below
Weighting: 20%
Weekly online quizzes that help students prepare for the OCS and assignments
Due: 1 - 8 pm, 8 May 2016
Weighting: 20%
Students have just three hours to advise on a hypothetical script for a proposed radio or television item. The exercise will examine content covered in Topics 2 - 7.
Due: 11 pm, 10 June 2016
Weighting: 40%
Through independent research students compare Australia with another jurisdiction in terms of regulation of some aspect of the media
Due: 2 - 4 pm, 14 June 2016
Weighting: 20%
Two-hour on-line exam focusing on Topics 8 - 12
This unit consists of 12 topics, with one lecture and one tutorial addressing each topic. Rather than lectures being delivered ‘live’ in a theatre, recordings are available for download from iLearn (click on the ‘Echo 360’ logo on the right hand side of the screen). PowerPoint slides accompany each lecture and are also available from iLearn (in .pptx and .pdf format). When listening to lectures, be sure to have the accompanying PowerPoint slides in front of you, since they will be referred to during lectures.
Lectures are intended to give you an overview of the topic, indicate its most important aspects, make the related readings more interesting and accessible and, if necessary, update those readings. It is assumed that you will listen to the lecture prior to embarking on that week’s readings.
The lectures should give you a broad overview of the subject, but it is essential to then develop your understanding by completing the related readings. Each week's readings are listed in the Schedule of Readings available from iLearn. Readings are divided into ‘essential readings’ and ‘desirable readings’. Note that all readings listed in the Schedule of Readings are considered examinable, even if described as 'desirable': the division between 'essential' and 'desirable' is intended only to advise you as to which readings are most important.
‘Essential' readings mostly consist of extracts from the prescribed textbook:
You are advised to obtain the current (fifth) edition of the prescribed text, rather than rely on the previous edition that was used in 2015. Other readings are available online from Macquarie University library or the general internet.
In addition to the secondary sources (book chapters, journal articles, etc) listed in the Schedule of Readings, you are expected to consult relevant primary legal sources (treaties, statutes, regulations, codes and cases) as much as possible. It should be evident to you from the lectures and secondary sources which primary sources (and which parts of those primary sources) are most important. Sometimes you will need to consult primary sources in order to complete assignments. You are expected to have sufficient research skills to locate and download those primary sources. If you are having problems then the library website and staff are likely to be your best source of assistance, although your tutor may also be able to help.
For the research assignment it is absolutely essential that you go beyond the listed readings, using the library and internet to find appropriate primary and secondary sources. You are also encouraged to read widely in the general media in order to make unit content more interesting and relevant.
If you feel that you would like to buy a casebook in addition to the prescribed textbook then you are recommended the following:
Having gained a basic understanding of each topic by listening to the lecture, and having developed that understanding through completing the readings, the on-campus session (OCS) is your chance to discuss the issues raised, as well as ask questions in order to clear up any lingering doubts as to whether you understand the material correctly.
The OCS will focus on Topics 1 to 7, with Topics 8 to 12 covered in less depth. Students are expected to listen to the lectures and complete the readings in relation to Topics 1 to 7. It is helpful if students can also listen to the lectures relating to Topics 8 to 12 and read ahead in relation to those topics as much as possible, since that will lend greater meaning to the final part of the OCS.
See above under 'General Assessment Information' in relation to OCS participation.
In relation to each of the 12 topics, a discussion forum will be set up on iLearn. Students are encouraged to contribute to these discussions, provided the general rules of etiquette are observed. The forums are intended for discussion relating to the issues we are studying. Please post questions relating to administrative matters to the forum called ‘Discussion Forum re Administrative Matters’.
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 really so important?
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.
Historically, the state regulated speech so as to protect itself from its subjects. In our 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, particularly racial, ethnic and sexual minorities, and which may lead to internal strife.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
By far the best way to communicate with the convenor is via email:
The convenor checks his emails regularly and you can normally expect a response within a few business days. If you do not hear within four business days then it is likely that your email has gone missing. Only then should you send another chasing it up.
Phoning the convenor is not a good idea unless the call is prearranged, since his phone is not regularly checked for messages.
If you wish to talk to the convenor face-to-face then it is best to attend his consultation session. The day and times of that session will be posted on iLearn. If you wish to attend then you should notify the convenor in advance by email. If you are unable to attend due to timetable clashes then you should email the convenor to arrange a mutually convenient appointment.
As for contacting tutors, you will be notified of their contact details via iLearn.
When emailing any teaching staff, it is vital that you use your Macquarie email account ([student.name]@students.mq.edu.au). Messages sent from other accounts (Hotmail, etc) generally go straight to spam. You can set up your Macquarie account so that emails received there are forwarded to your regular account.
Please compose your email carefully. Teaching staff should not need to deal with messages that are all lower case, full of typographical errors, etc. Teaching staff are entitled to decline to respond to emails that are inadequately prepared.
See under 'General Assessment Information' above in relation to what to do if you miss a quiz.
Applications for special consideration
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for special consideration should be made electronically via ask.mq (https://ask.mq.edu.au/splash.php) and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the limit will not be marked. All assessments are to be submitted electronically. Plagiarism detection software is used in this unit.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
This subject was previously taught under the unit code LAW484. The assessment regime has been altered considerably, largely as a result of the subject being recoded to 500 level. In particular:
Date | Description |
---|---|
21/02/2016 | Deadline for the Program Advice Exercise corrected. |