Newsgathering (LAWS70428)
Graduate coursework level 7Points: 12.5Not available in 2017
About this subject
Overview
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Whether journalists serve collectively as some citizen-informing ‘fourth estate’ or act instead merely to satisfy the consumer desire for entertainment, they need access to information. Journalists rely upon being able to disclose or convey content that is unavailable to, or at least unexploited by, others. Some will obtain this information by fair means, others by foul. The core aim of this course is to consider how law and other forms of regulation influence pre-publication behaviour.
The course reviews a range of news and information gathering practices, and assesses the extent to which such behaviour is facilitated or proscribed by law and/or regulation. The themes in the course will be taught through the comparative review of English, Australian and United States law. Dr Andrew Scott is a senior lecturer in media law at the London School of Economics.
Principal topics will include:
- The relationship between newsgathering practices and constitutional guarantees of free speech
- The protection of sources and materials (in principle; in the context of crime, terrorism and official secrets; payment of sources).
- Access to government information (freedom of information; news management)
- Journalism and justice (access to the courts and court documents; cameras and other technology in court; access to prisoners; policemedia interaction)
- Surreptitious and invasive methods (harassment; subterfuge and secret recording; entrapment; regulating the ‘dark arts’ – hacking, blagging and tapping; a ‘law-breaking privilege’?)
- The influence of publication torts on newsgathering.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a specialised understanding of the range of newsgathering practices and the legal and regulatory concerns that these practices generate
- Appreciate and explain the divergences of approach to these concerns in a number of legal jurisdictions
- Appreciate and explain the influence of constitutional, political and commercial factors on newsgathering practices and regulatory responses
- Be an engaged participant in debate regarding emerging and contemporary issues in the field
- Be able to critically examine and assess the effectiveness of the legal and regulatory rules that have been or should be developed to address these concerns
- Have the skills to generate critical and creative ideas relating to newsgathering and regulatory responses, and to evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the technical skills to independently examine, research and analyse existing and emerging legal issues relating to newsgathering
- Have the communication skills to clearly articulate and convey complex information regarding newsgathering.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Take-home examination (100%)
or
10,000 word research paper (100%) on a topic approved by the subject coordinator
Last updated: 3 November 2022
Dates & times
Not available in 2017
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Public and International Law Course Graduate Diploma in Communications Law Course Graduate Diploma in Legal Studies Course Master of Commercial Law Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022