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
Daniela Simone
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to LLM or 12cp in CUL or MAS units at 300 level or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
What principles should guide government policy towards the media? Given the pivotal role the media play in cultural production, should we favour tight regulation of media ownership and content, or are these better left to market forces? What meaning should we give to concepts such as freedom of expression, especially when it comes to issues such as hate speech and pornography? What role should the media play in a democracy, and how should we balance the rights and interests of the media against those of individuals, corporations and other institutions anxious to safeguard their privacy and reputation? This unit takes an international and comparative perspective on media law, asking how these questions have been and should be answered not only in Australia but also overseas. From fundamental principles to day-to-day legal restrictions on what people in different countries see and hear in their media, we examine how media law shapes and reflects national culture.
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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. satisfactorily complete Foundation Quizzes 1.1 to 1.4 (see below under Foundation Quizzes 1.1 to 1.4), and
B. attain at least 50 marks garnered from the following:
A fail grade for one or more of the weekly assessed quizzes (Quizzes A to M), program advice exercise or research assignment will not result in an automatic fail of the unit.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
Name | Weighting | Hurdle | Due |
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Foundation Quizzes 1.1 to 1.4 | 0% | Yes | 11 pm, 25 March 2018 |
Quizzes | 20% | No | Various: see Schedule below |
Program advice exercise | 20% | No | 1 - 8 pm, 6 May 2018 |
Research assignment | 60% | No | 11 pm, 11 June 2018 |
Due: 11 pm, 25 March 2018
Weighting: 0%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)
In order to pass this unit, students must satisfactorily complete Foundation Quizzes 1.1 to 1.4. Satisfactory completion is a hurdle requirement. Satisfactory completion involves attaining 100% in each quiz on the student's last attempt. Students are allowed unlimited attempts at each quiz and quiz attempts are not timed.
The purpose of the quizzes is to ensure that students are conversant with how the unit will be run. They are also intended to clarify staff and student expectations, thus promoting effective learning.
Although the due date has been set at the end of Week 4, students are encouraged to complete the quizzes much earlier, preferably before the end of Week 1.
Due: Various: see Schedule below
Weighting: 20%
Twelve weekly assessed quizzes will be set. These will be identified as Quizzes A to M. (There is no Quiz I.) Each quiz will relate to the topic due to be studied that week. 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 Sundays.
Subject to that 11 pm deadline, students will have 30 minutes from when they first open the quiz to submit all of their answers. 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 will receive a mark for each of the 12 quizzes they attempt. If a student does not attempt a quiz then 0% will be entered as the student's mark for that quiz. A student's best 10 quiz marks will count towards the student's unit grade. Students are advised to complete as many quizzes as possible. Missing one or more quizzes will not result in an automatic fail.
Each quiz will be worth two marks. 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. Each quiz is a timed assessment and no late submissions will be accepted. If a student is awarded special consideration for a missed quiz then the special consideration will take the form of a supplementary quiz to be attempted during the exam period (see below under Policies and Procedures for details).
Due: 1 - 8 pm, 6 May 2018
Weighting: 20%
During the afternoon of Sunday, 6 May 2018 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 6 May. They will need to upload their advice to iLearn (via Turnitin) by 8 pm the same day. This exercise is a timed assessment and no late submissions will be accepted.
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 3 to 8 (inclusive).
Due: 11 pm, 11 June 2018
Weighting: 60%
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 4,000 word research paper by 11 pm, 11 June 2018.
We begin the unit by looking at a classic approach to freedom of expression articulated by the 19th century philosopher John Stuart Mill. Through set readings we shall look at some counter-arguments to those ideas as a theoretical framework for media regulation. Students will be expected, through their own independent research and writing, to develop those counter-arguments and/or find different ones. They will then be required to critique Mill and their chosen counter-arguments, doing so in light of the way in which the media is regulated in at least two different jurisdictions. Students will be required to consider both medium-neutral and medium-specific regulation. Medium-neutral regulation applies regardless of the medium by which content is communicated (eg the printed word is treated the same as broadcasting), while medium-specific regulation treats a particular medium (eg broadcasting) differently to another (eg the internet).
Detailed instructions and advice relating to the research assignment, as well as a marking rubric, will be provided to students in Week 3. Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven days (incl. weekends) after the original submission deadline.
This unit consists of 13 topics, as set out on the iLearn website. With the exception of Topic 1, each topic is accompanied by a lecture. Rather than lectures being delivered ‘live’ in a theatre, recordings are available for download from iLearn (click on the ‘Echo 360’ logo). 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 Unit Schedule below. Readings are divided into ‘essential readings’ and ‘desirable readings’. Note that all readings listed in the Unit Schedule 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. 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:
This unit is being offered in 'block' mode. Rather that there being weekly tutorials, students are expected to instead attend a two-day on-campus session (OCS) held at Macquarie University on 26 and 27 April 2018. Each day will commence promptly at 9 am and end at 4 pm, with appropriate breaks. Please try not to arrive late.
Having gained a basic understanding of each topic by listening to the lecture, and having developed that understanding through completing the readings, the 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. Classroom activities are meant to come towards the end of the learning process, not the beginning. Certainly they are not substitutes for listening to the lectures or doing the readings, although if you are totally stumped by even a basic point then there is no shame in raising it at the OCS.
If you do not attend the OCS then you will not face a formal penalty. Even so, the unit will be taught on the assumption that all students attend the OCS in full, and unit material and assignments will be pitched accordingly. Students who choose to skip class can expect to find studying the unit much harder, and they will almost certainly miss crucial information. For instance, questions of the type found in the assessments will be discussed at the OCS and answers will not always be made available to those who do not attend. Certainly students should not expect the convenor or their tutor to accommodate non-attendance by providing information on what was said or done in class, or any other kind of additional material, guidance, etc.
In relation to Topics 2 to 13, 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’.
General notes:
This topic introduces the unit: its learning outcomes, its learning material and activities, and also its methods of assessment. Besides discussing administrative matters, the topic also considers the expectations of staff and students.
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 (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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: roy.baker@mq.edu.au
The convenor checks his emails regularly and you can 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.
When emailing, it is vital that you use your Macquarie email account ([student.name]@students.mq.edu.au). You can set up your Macquarie account so that emails received there are forwarded to your regular account.
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 or a tutor face-to-face then it is best to attend their consultation sessions (see iLearn for the day and time). If you wish to attend then you should notify the convenor or tutor (as appropriate) in advance. If you are unable to attend due to timetable clashes then you should email the convenor or tutor (as appropriate) to arrange a mutually convenient appointment.
Word limits will be strictly applied and work above the word limit will not be marked. All assessments in the unit are to be submitted electronically. All students need access to a secure and reliable server for access to iLearn and submission of assessment tasks. Plagiarism detection software is used in this unit.
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Students who miss one or more weekly assessed quizzes and who apply via ask.mq for special consideration may be permitted to attempt one or more supplemental quizzes. These will open in iLearn at 9 am on Saturday, 23 June 2018. Answers will be due by 11 pm on Wednesday, 27 June 2018. These quizzes may cover any part of the unit material.
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.
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