The University of New South Wales

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Postgraduate Handbook

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Censorship and Free Speech - LAWS3042
Landscape with Library

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Excluded: LAWS3034, LAWS3041
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course is concerned with laws that impose significant legal restrictions upon what the media, or other communicators to large-scale audiences, may publish under Australian law. The course-matter is as relevant to the publication of books, films and videos as to newspapers and broadcast programs, and the legal problems presented by the new technologies receive special emphasis. The course begins with some consideration of the meaning or meanings of freedom of expression and the extent to which it is protected in general terms under Australian constitutional law. Special attention is paid also to broad political and philosophical theories about the notions of free speech and censorship. The focus then turns to specific laws having a significant daily impact on the contents of publications. Many of the topics have a long, if not necessarily distinguished, history in English and Australian law - this is particularly true, for instance, of defamation and contempt of court. But some of the restrictions being studied are of very recent origin: for example, it was only in 1989 that specific restrictions on publications inciting racial hatred were introduced into New South Wales.


LLM Specialisation

Media, Communications and Information Technology Law.

Recommended Prior Knowledge

None

Course Objectives

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

Main Topics

  • Free speech and censorship introduced
  • Vilification
  • Obscenity/pornography
  • Blasphemy

Assessment

Research essay 3,000 - 4,500 words 90%
Class participation  Preparation and engagement in class  10%
 

Course Texts

Prescribed
None

Recommended
  • D Butler and S Rodrick, Australian Media Law (LBC, 1999)
  • M Armstrong, D Lindsay & R Watterson, Media Law in Australia, (3rd ed, 1995) L/KN340/A9/2 - this is useful introductory reading.

Resources

The Law School Materials and Cases will constitute the principal reading. They will be distributed in classes, together with one-page guides indicating the most important readings.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.