Handbook 1996 : Faculty of Law (Volume 3 page 224)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
This subject aims to examine and critically evaluate the legal rules which (a) restrict newspapers and broadcasters in obtaining and reporting information and (b) govern ownership and control of media organizations. Students completing this subject should be able to: recognize that the publication of particular material may have criminal or civil law consequences and be able to identify and apply the relevant law to the publication; assess the role and responsibilities of the courts, and parliament in regulating the media and the role and responsibilities of commercial, public and government funded media organisations; and assess the extent of media freedom of expression in Australia.
Content:
Introduction: the role of the media; regulation by the courts and by the legislature; the relationship between publication and ownership. Court reporting: the principle of open justice; access to courts; proceedings in camera; concealing information from those present in court; access to court documents; common law and statutory power to make suppression orders; special restrictions regarding the reporting of certain proceedings such as Family Court and adoption proceedings. Contempt of court: the sub-judice rules; contempt by scandalizing; revealing what has taken place in closed court; revealing information which has been concealed from those present in court. Journalists and their sources. Disobeying a court order. Breaching a suppression order. Challenging: an order closing a court; a decision to conceal information; or a suppression order. Reports affecting reputations of individuals or businesses: defamation - civil - the test of what is defamatory - the defences - the remedies - defamation - criminal - the impact of consumer protection and fair trading legislation on the media - proposals for reform. Intellectual property law restrictions: the impact of the law regarding copyright and confidential information as it affects journalists; the principles applied in granting interim and interlocutory injunctions. Obscene, blasphemous and other illegal publications: blasphemy; incitement to racial hatred. Reporting political events: contempt of parliament; election material; sedition; D notices. The Press Council: establishment; role; practical examples of complaints upheld or dismissed. Programming restrictions: television, radio and children's standards; special restrictions (Australian content etc); fairness and impartiality in current affairs and news reporting. The ownership and control of the media: regulatory policies; sectors; the role of the Australian Broadcasting Authority; the ABC and SBS; licensing; the Norris and Matthews inquiries.
Assessment:
Either Research Assignment 4-5,000 words (40 per cent) and Final Exam 2 hours (60 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
Law subject : Next:730-388 | Prev:730-318 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 224)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.