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Media, Free Speech and the State (LAWS70184)

Graduate coursework level 7Points: 12.5Not available in 2019

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Overview

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Whilst the High Court has recognised and applied an implied constitutional guarantee of freedom of governmental and political communication, speech on matters of public interest in Australia remains subject to a wide range of legal limitations, many of which would be struck down as unconstitutional in other common law jurisdictions. This subject explores the limitations on free speech that arise as a result of proceedings and processes initiated by arms of the state and prosecutorial authorities: legislative, executive and judicial, and from censorship of sexually-explicit material to restrictions applying to the advocacy of terrorism. Those restrictions profoundly affect the material that may be published by the media. It is the impact of the current restrictions on free speech on both the media and on non-media elements of civil society that are the focus of this subject. Taken individually and collectively, these regimes limit the access of Australians to speech that matters.

This subject provides an examination of Australian law affecting the media’s ability to report the courts, the executive and parliament.

Principal topics include:

  • Contempt of court
  • Contempt of parliament
  • Offensive publications: violence, pornography and racism
  • Seditious publications
  • Access to information in court
  • Government information: security and official secrets
  • Freedom of speech: theoretical issues and international perspectives.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of key principles of the law as it effects free speech, contempt and the media in Australia and comparable jurisdictions
  • Be able to critically examine, analyse, interpret and assess the effectiveness of these legal principles
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to free speech, contempt and the media
  • Be an engaged participant in debate regarding emerging and contemporary issues in the field
  • Have a sophisticated appreciation of the factors and processes driving law reform
  • Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
  • Have the communication skills to clearly articulate and convey complex information regarding free speech, contempt and the media to relevant specialist and non-specialist audiences
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of the law as it effects free speech, contempt and the media in Australia.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Melbourne Law Masters Students: None

JD Students: Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50028 Constitutional Law
Semester 2 (On Campus - Parkville)
 12.5
LAWS50029 Contracts
Semester 2 (On Campus - Parkville)
 12.5

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

  • Class participation (10%)

  • Take-home examination (5,000 - 6,000 words) (90%)
    or
  • 7,500 - 9,000 word research paper (90%) on a topic approved by the subject coordinator

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

Not available in 2019

Time commitment details

136-150 hours 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

Last updated: 3 November 2022