|Online Content Regulation - LAWS8040|
This course examines the regulatory regimes for online media and content. Approximately half the course is devoted to content control by reference to intellectual property laws, and half examines other laws (such as defamation, tort and specific regulation of online content) which impose liability for or otherwise control supposedly harmful content. Throughout the course, various themes recur, such as: the liability of ISPs and other third parties for actions of others; the role of technology in providing protection; challenges for the law from a technological viewpoint; co-regulatory and self-regulatory models; and the cross-border nature of online media.
Recommended Prior Knowledge
Following the study of each topic, students should:
The course attempts to undertake a brief review of the context of the particular topic (for example, the foundations of copyright, defamation etc), and then proceed to identify and examine those areas of the topic where online content provides a particular or novel challenge. These areas will then be considered and discussed in detail, focussing on theoretical analyses, policy directions, statutory materials and decided cases. Most topic areas will be treated in a comparative fashion, considering not only the laws in force in Australia, but also the international context in the area as well as developments in other major jurisdictions (in particular the US and the UK). A comparative approach in the assessments (in particular the research essay) is also encouraged.
Common themes running through the course include:
Recommended textbooks and resources:
•Akindemowo, O, Information Technology Law in Australia (LBC, 2001 (2nd ed))
•Fitzgerald, A et al, CyberLaw (Butterworths, 2002)
•Fitzgerald, A et al (eds), Going Digital 2000: Legal Issues for Electronic Commerce, Software and the Internet (Prospect Publishing, 2000)
•Fitzgerald, B et al, Internet and e-Commerce Law - Technology, Law and Policy (Thomson, 2007)
•Lawrence, A, The Law of Ecommerce (LexisNexis, 2003 (looseleaf))
•Lim, YF, Cyberspace Law: Commentaries and Materials (OUP, 2007 (2nd ed))
•Smith, G, Internet Law and Regulation (Sweet & Maxwell, 2002 (3rd ed))
•Online course materials
A detailed reading guide will be handed out at the first lecture. The reading guide includes core readings from the lecturer's loose-leaf service, The Law of Ecommerce (LexisNexis). Details as to availability are included in the reading guide.