Course overview
This is an elective course that considers principles governing legal regulation of media, and freedom of speech and expression in Australia. Media regulation seeks to balance freedom of expression and the public interest in publishing information about issues of concern, with the rights of individuals to privacy, personal autonomy, and protection from harm. The media can be used to inform and provide a platform for participation in public debate, but it also can spread misinformation, harm individuals and their reputation, and undermine social cohesion. In analysing the way media law balances these conflicting interests, students will draw on case studies related to media reporting and social media platforms. This course examines principles such as freedom of expression, public interest, and open justice, are how they are reflected in different areas of law, including defamation, privacy, public health and safety, the integrity of the justice system, and national security. It considers the nature and composition of the media, and the important role media plays in holding government to account. In addition, this course will explore contemporary debates about the impacts of social media and platform regulation.
- Defamation (elements)
- Defamation (defences)
- Defamation (serious harm)
- Privacy
- Open justice and contempt
- Suppression orders
- Prejudicial trial publicity
- Social media and platform regulation
- Misinformation and disinformation
- Hate speech and publication offences
Course learning outcomes
- Identify and describe various laws related to media, including defamation law, privacy law, the implied freedom of political communication, publication offences, suppression orders, contempt, online safety, platform regulation, and media regulation, along with principles such as freedom of expression, public interest, and open justice.
- Identify and explain the procedural and practical operation of media laws within Australia, along with the broader contexts in which media law issues arise such as social, political, moral, economic, technological, international, or comparative contexts.
- Critically analyse how media law addresses tensions between principles such as freedom of expression, public interest, open justice, and access to information with laws related to privacy, reputation, public health and safety, the integrity of the legal system, and national security.
- Identify and articulate factual, legal, or policy issues arising in the field of media law, including in case studies and problem scenarios.
- Research, evaluate and synthesise a range of legal and non-legal sources to identify relevant legal rules, processes, and information to explain or resolve media law issues arising in case studies and problem scenarios.
- Engage in critical analysis and apply legal reasoning and research to generate appropriate responses to factual, legal or policy issues arising in media law.
- Explain media laws and issues, orally and in writing, in ways that are effective, appropriate and persuasive for legal and non-legal audiences.