This unit of study analyses two areas of law which have a significant impact on the daily practice of journalism. Both of these areas of law relate to the personal interests of private plaintiffs and the legal recourse such plaintiffs may have against media outlets. The tort of defamation, which protects a plaintiff's reputation, is a well-established cause of action which notoriously has a "chilling" effect on what the media publishes. By contrast, direct legal protection of privacy against invasions by the media is a rapidly developing area of law in Australia, the United Kingdom, New Zealand and the European Union. This unit of study provides a detailed examination of the principles of defamation law relating to liability, defences and remedies. It also examines how different common law legal systems are developing direct legal protection for individuals' privacy against intrusive media coverage. This unit of study provides a thorough doctrinal analysis of defamation, privacy and breach of confidence, as well as placing these areas of law in their broader historical, international, comparative, social and cultural contexts.
Semester 1: 1 x 7hr seminar/week for 6 weeks. Semester 2: 2x2-hr seminars/week for 10 weeks
Four options: 1) 2,500wd problem assignment (30%) and take-home exam (70%); 2) 3,500wd research essay (40%) and take-home exam (60%); 3) 2,500wd problem assignment (30%) and 3,500wd research essay (40%) and take-home exam (30%); or 4) take-home exam (100%).
LAWS3059 or LAWS5128