UWA Handbook 2024

Unit Overview

Description

This unit deals with key issues in media law:. It begins by exploring the right to freedom of expression and the values which shape our media law environment. Key legal issues in this unit include defamation law, privacy, and open justice, as well as the regulation of digital media (social media and online communication). The focusThis unit provides students with a foundational understanding of the laws covering traditional media, including press and broadcasting regulation. In addition, this unit explores the regulation of new digital media, including social media and other forms of digital communications. This unit will be on primary sources of law: the case law and legislation whichexamine media law practitioners citeregulation with a focus on Australia, adopting a comparative legal perspective where necessary to evaluate Australian regulatory initiatives alongside those developed in court every dayEurope and beyond. The issues coveredIn addition to existing regulatory initiatives, the unit will be relevant to traditional news media organisations (eg the ABC) and the journalists they employ; the internet intermediaries (eg Google) which have disrupted traditional media; and your average punters who share defamatory or invasive content on social media. The focus will be on Australian law, but there will be some comparative consideration of the media laws of other jurisdictions. The content will be predominantly doctrinal and designed to prepare students for careersconsider emerging regulatory challenges in media law practice in Australia. Students will consider, for example, practical aspects of pleading defamatory imputations in the Supreme Court of Western Australia, and the "legalling" undertaken by news organisations identifying defamation risks pre-publication.

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Semester 1	UWA (Perth)	Face to face

Outcomes

Students are able to (1) apply principles of defamation, privacy and open justice to solve legal problems; (2) analyse recent developments in media law including issues concerning the balance between freedom of expression, personality rights and other values effected by Australian private law; (3) evaluate different means of vindicating damage to reputation and violations of privacy in Australian law; (4) create legal arguments to advance the interests of hypothetical clients involved in media law disputes; and (5) create pleadings and other court documents necessary to advance the interests of hypothetical clients involved in media law disputes.

Assessment

Indicative assessments in this unit are as follows: (1) class participation; (2) assignment; and (3) exam. Further information is available in the unit outline.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)

Phoebe Gabally

Unit rules

Prerequisites

Enrolment in 20820 Juris Doctor
and LAWS4101 Foundations of Law and Lawyering
, LAWS4102 Criminal Law
, LAWS4103 Contract
, LAWS4104 Property
, LAWS4106 Torts
, LAWS4107 Land Law
, LAWS4108 Foundations of Public Law
, LAWS5103 Equity and Trusts
, LAWS5101 Constitutional Law
, LAWS5105 Remedies and

LAWS4109 Legal Theory and Ethics
or LAWS4110 Interpretation

) ) For all other students: no prerequisites

Advisable prior study

LAWS5115 Procedure

Approved quota: 60—first come first servce

Reading
Materials:

An online reading guide identifies key sources for each topic. It is expected that you will apply your legal research skills and find the cases through Westlaw, LexisNexis, AustLII, Jade, etc. There is no need to print: you may bring your laptop to class.

The Rolph et al casebook extracts many of those cases. It will be set as essential reading and placed on closed reserve in the Law Library. If you wish to do so, you may purchase a copy in the usual places.

 

Textbook:

David Rolph, Matt Vitins, Judith Bannister, and Daniel Joyce, Media Law – Cases, Materials and Commentary (Oxford University Press, 3rd ed, 2022) (Rolph et al).

 

Additional
Sources and
References:

Des Butler and Sharon Rodrick, Australian Media Law (Lawbook, 5th ed, 2015) (Butler and Rodrick).

Eric Barendt, Lesley Hitchens, Rachael Craufurd-Smith and Jason Bosland, Media Law: Text, Cases and Materials (Pearson, 2013).

Doreen Weisenhaus and Simon N M Young (eds), Media Law and Policy in the Internet Age (Hart, 2017).

David Rolph, Defamation Law (Lawbook, 2015).

Matthew Collins, The Law of Defamation and the Internet (Oxford University Press, 3rd ed, 2010).

Australian Law Reform Commission, Serious Invasions of Privacy in the Digital Era, Final Report No 123 (2014) (ALRC).

Tanya Alpin et al, Gurry on Breach of Confidence – The Protection of Confidential Information (Oxford, 2nd ed, 2012).

J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane’s Equity – Doctrines & Remedies (LexisNexis Butterworths, 5th ed, 2015).

‘The Red Book’: Civil Procedure WA (available through LexisNexis).

Halsbury’s Laws of Australia (available through LexisNexis).

R Finkelstein, Report of the Independent Inquiry into the Media and Media Regulation (Report to the Minister for Broadband, Communications and the Digital Economy, 28 February 2012).