This course is concerned with the emerging law of privacy as it relates to the media (traditional mass media and newer electronic technologies of communication), and the intersection between privacy and freedom of speech. The course begins with a consideration of European and UK jurisprudence (shaped by the European Convention on Human Rights) and US jurisprudence (shaped by the First Amendment to the US Constitution). It then focuses on the extent to which this overseas jurisprudence has impacted on the law, and law reform options, in Australia.
Media, Communications and Information Technology Law.
Recommended Prior Knowledge
Overall, the aim of the course is to acquaint you with:
- The general principles and some of the legal intricacies in each of the topics
- The thematic links between them
- Some aspects of their operation in practice
- Some historical, comparative and policy aspects
- Free speech and the media
- Protection of reputation: Introduction
- The plaintiff's case in defamation
- Defences to defamation
- Remedies for defamation
- Further protection of reputation
- Particular issues relevant to defamation and the internet
- Protection of privacy
- Reform of defamation and privacy laws
||5,000 - 7,5000 words
||1,500 - 2,500 words
|| Preparation and engagement in class
- Michael Gillooly, The Law of Defamation in Australia and New Zealand (Federation Press, 1998); or
- Sally Walker, Media Law: Commentary and Materials (LBC, 2000)
- The Law School Materials and Cases will consitute the principal reading. Course materials are available for purchase from the UNSW Bookshop. One page guides indicating the most important readings will be distributed in class.
- M Armstrong, D Lindsay & R Watterson, Media Law in Australia, (3rd ed, 1995) L/KN340/A9/2 - this is useful introductory reading
- J G Fleming, The Law of Torts (9th ed, 1998) L/KN30 - the chapter on defamation and the section on injurious falsehood are useful
- T K Tobin and M G Sexton (eds) Australian Defamation Law and Practice Service, 1991 (with updates) (Law Library Reserve) L/KN38.21/T1/1 - this is the specialist loose-leaf digest
Please refer to course outline provided by lecturer.