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Defamation, Privacy and the Media - LAWS3033
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
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 focus is on traditional mass media, though due attention is made to the emergence of new technologies of electronic communication. 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. 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. 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 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

Assessment

Research essay 5,000 - 7,5000 words 60%
Take-home assignment 1,500 - 2,500 words 30%
Class participation  Preparation and engagement in class 10%
 

Course Texts

Prescribed

  • 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.
Recommended
  • 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

Resources

Please refer to course outline provided by lecturer.

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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.