Outline

Overview

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.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5128
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	David Rolph, david.rolph@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Optional research essay proposal (0%) Research essay proposal	0%	Week 05 Due date: 31 Aug 2023 at 15:00 Closing date: 31 Aug 2023	approximately 600 words / 4 weeks
Outcomes assessed:
Assignment	Optional problem-based assignment (30%) Written task	0%	Week 08 Due date: 21 Sep 2023 at 15:00 Closing date: 21 Sep 2023	2500 words / 7 weeks
Outcomes assessed:
Assignment	Optional research essay (40%) Essay	0%	Week 11 Due date: 19 Oct 2023 at 15:00 Closing date: 19 Oct 2023	3500 words / 7 weeks
Outcomes assessed:
Short release assignment	Compulsory final short-release assignment Problem questions	0%	Week 13 Due date: 06 Nov 2023 at 08:30 Closing date: 13 Nov 2023	4 calendar days
Outcomes assessed:

Assessment summary

Students may elect to be assessed in one of the four following ways in this unit of study:

[Optional] problem-based assignment (30%), research essay (40%) and final assignment (30%);
[Optional] problem-based assignment (30%) and final assignment (70%);
Research essay (40%) and final assignment (60%); or
Final assignment (100%).

Optional Problem-based assignment: The topic for the optional, non-redeemable problem-based assignment will be released on or before Friday 4 August 2023 (week 1). The purpose of the assignment is to test material covered in class. The assignment covers all material discussed in class up to and including the final class before the date for submission.

This is a problem-based assignment. Unlike a research essay, the assignment is designed to be completed substantially from the cases and legislation discussed, although the best answers may also follow up issues via recommended texts and other sources as appropriate. You should substantiate your answer with references, by referring to any cases, legislation, texts, etc. that you consider appropriate.

The purpose of this assessment is to enable you to demonstrate what you have learned in the unit, and this unit draws heavily on the primary reading materials to which students have been referred. The assignment tests the material students have studied up to and including the material covered up to and including Week 8.

The assessment grading guidelines contained in this unit of study outline will be applied to the marking of this assessment.

If students elect to undertake the assignment, it will be worth 30% of their final mark. The word length for the assignment is 2,500 words (including substantive footnotes but excluding citations and bibliography). The assignment is due on Monday 21 September 2023 at 3pm (Sydney, Australia time).

Optional Research essay and proposal: Students who intend to submit a research essay, worth 40% of their final mark (non-redeemable), must devise a topic and prepare a research proposal. The proposal must relate to a topic of media law connected to defamation, privacy or some other legal issue touched upon in this unit of study.

The proposal should contain the following elements:

A title of no more than 20 words which is sufficiently descriptive of the essay;
A clearly defined question which the essay will attempt to address;
An abstract of no more than 100 words summarising the argument of the essay;
A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
A list of cases, statutes and secondary materials you have consulted in the preparation of your proposal and which you will use in your essay. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that you have undertaken appropriate, preliminary research for your topic.

Students intending to submit an essay must submit a proposal by Thursday 31 August 2023 at 3pm (Sydney, Australia time). There are no marks allocated for the proposal, only for the submitted essay itself. The purpose of the essay proposal is to ensure that students have a viable topic, appropriate to the word length. Students are encouraged to contact the lecturer to discuss ideas for their research essay as soon as possible, bearing in mind the due date.

Students may not submit an essay without having their proposal approved first. However, students who have an essay proposal approved are not obliged to submit an essay.

Due to the nature of this written assessment (because students propose their own research topics and have them approved in advance), anonymous marking may not be practical. Like assignments and the essays themselves, essay proposals must be submitted electronically to the Assignment Dropbox on the Canvas site for this unit of study.

The word length for the essay is 3,500 words (including substantive footnotes but excluding citations and bibliography). The essay is due on Thursday 19 October 2023 at 3pm (Sydney, Australia time).

The assessment grading guidelines contained in this unit of study outline will be applied to the marking of this assessment.

Compulsory Final assignment: All students must complete a final assignment. There will be three problem questions. The answer to each question should be approximately 2000 words.

The number of questions a student must complete will depend upon how many pieces of optional interim assessment he or she has completed. If a student has completed both the assignment and the essay, the student will only need to answer one of the three questions. If a student has completed either the assignment or the essay, the student will only need to complete two of the three questions. For these students, there is no compulsory question. If a student has completed neither the assignment nor the essay, the student will need to complete all three questions.

The final assignment questions may relate to and may mix together any issue covered in the unit of study.

The final assignment paper will be released on Wednesday 1 November 2023 at 9pm (Sydney, Australia time).

All answers must be submitted by Monday 6 November 2023 at 8.30am (Sydney, Australia time). Like assignments, essays and essay proposals, final assignments must be submitted electronically to the Assignment Dropbox.

Students must include a bibliography with their assignments and essays.

Students are advised that they should retain any pre-submission drafts and working notes until results are released, as they may be called upon to produce them at any meeting requested by the unit of study co-ordinator.

Professor Rolph reserves the right to invite a random selection of students to attend an in-person meeting to explain their processing of preparing and writing their submitted work. Failure to attend such a meeting may result in the delay of the release of the student’s result for this unit.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

There will be no formal class participation mark but I reserve the right to take class participation into account if a student is on a borderline between grades.

Students are advised that, in the event of special consideration being granted for the compulsory final assignment, an alternative form of assessment, including but not limited to an oral examination, may be used to test the same knowledge and skills covered by the original assessment. Simple extensions and special considerations are not available for optional assignments.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out for this Unit of Study (except those marked as optional) in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per per 24 hours or part thereof, after the due time on the due date. For example, a submission after 3pm but before the same time the following day will attract a 10% penalty. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction; Alternative causes of action	Seminar (3 hr)
Week 02	Introduction; Alternative causes of action	Seminar (3 hr)
Week 03	Liability for Defamation	Seminar (3 hr)
Week 04	Liability for Defamation	Seminar (3 hr)
Week 05	Liability for Defamation	Seminar (3 hr)
Week 06	Defences to defamation	Seminar (3 hr)
Week 07	Defences to defamation	Seminar (3 hr)
Week 08	Defences to defamation	Seminar (3 hr)
Week 09	Defences to defamation	Seminar (3 hr)
Week 10	Remedies for defamation	Seminar (3 hr)
Week 11	Privacy and breach of confidence	Seminar (3 hr)
Week 12	Privacy and breach of confidence	Seminar (3 hr)
Week 13	Privacy and breach of confidence	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Reading List, available on Canvas.

Rolph, Vitins, Bannister, Joyce, Bosland, Douglas and Gill, Media Law: Cases, Materials and Commentary, 3rd ed., Oxford University Press, South Melbourne, 2022.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Critically analyse and describe the legislation and case law regulating the media in their collection and publication of material.
LO2. Evaluate and describe to an advanced level the legal principles underpinning freedom of speech and its balance with competing public interests, such as reputation and privacy.
LO3. Apply advanced critical analysis skills to legal issues, displaying expertise in the relevant field.
LO4. Communicate legal concepts effectively and persuasively in diverse contexts.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last taught.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3428: Media Law: Defamation and Privacy

Semester 2, 2023 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect