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Course

Defamation and the Media - LAWS8014

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Academic Program must be 9231 or 5231 or 9220 or 5750 or 9200 or 5740 or 9210 or 9230 or 9214 or 5214.

Equivalent: JURD7514

Excluded: JURD7514

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The broad aims of this course are twofold: first, is to consider the significant restraints that defamation law and associated causes of action place on what can be published by the media; and second, is to consider whether the extent and scope of such restraints are appropriate. These aims are pursued through a detailed comparative analysis of defamation law in Australia, the UK and the US, as well as by looking at many of the practical aspects of defamation law that contribute to its impact on media freedom. Particular focus is placed on questioning the appropriate balance between the protection of personal reputation and the media’s perceived role in a democratic society as both ‘watchdog’ and ‘bloodhound’.


LLM Specialisations

Recommended Prior Knowledge

None

Course Objectives

The aim of the course is to ensure that you are familiar with the central principles of defamation law.

In particular, the broader goals of this course are: to consider the significant restraints that defamation law and associated causes of action place on what can be published by the media; and to consider whether the extent and scope of such restraints are appropriate.

These aims will be pursued through a detailed analysis of defamation law in Australia, along with some comparative material where appropriate. The course will equip students in both the theory and practice of this dynamic and complex area of media law. The focus will both on the underlying rationales for defamation law and on the development of key principles in the case law. There will be a focus on the challenge of new and social media to traditional principles and also discussion of the appropriate balancing of protection of reputation as against freedom of expression and information.

Main Topics

  • History and theory of defamation law
  • The rationales for the protection of reputation
  • Contemporary relevance of defamation law and in the media law landscape
  • Defamation litigation and the cause of action
  • Defamation defences and remedies
  • Defamation and the internet

Assessment

Class participcation 10%
Student presentations of research abstract  20%
Research essay (5,000 words) 70%

Course Texts

Prescribed
Patrick George, Defamation Law in Australia, 2nd Edition (LexisNexis, 2012).

Recommended
  • Des Butler and Sharon Rodrick, Australian Media Law (Pyrmont: Lawbook Co, 2012)
  • Andrew T. Kenyon, Defamation: Comparative Law and Practice (Oxford: UCL Press, 2006)
  • Eric Barendt, Freedom of Speech (Oxford: OUP, 2nd ed 2005)
  • Helen Fenwick & Gavin Phillipson, Media Freedom under the Human Rights Act (Oxford: OUP, 2006)
  • Geoffrey Robertson & Andrew Nicol, Media Law (London: Penguin Books, revised 5th ed, 2008).

Resources

Refer to Course Outline provided by lecturer at the beginning of session.
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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