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Press Freedom and National Security (LAWS90238)
Graduate courseworkPoints: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
November
Lecturer
Dr Rebecca Ananian-Welsh (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
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Fees | Look up fees |
A free and independent press is a core component of any healthy democracy. National security too is critically important: it ensures the continued existence of the state and safety of its people. Over the course of the 21st century, however, the relationship between press freedom and national security has been placed under increasing strain. This is certainly the case in Australia, where more counter-terrorism laws have been enacted than anywhere else in the world, and we remain the only liberal democracy lacking codified national protection for free expression or, relatedly, press freedom. In Australia and elsewhere, governments face the challenge of protecting national security without unduly encroaching on free speech, press freedom and other basic rights and liberties.
This course explores this challenge through a public law lens. By breaking down the nature and importance of both press freedom and national security, and understanding the processes and frameworks around each, this course equips students with the intellectual and research tools to critique national security law and policy for its impacts on press freedom, and advance arguments for and against reform.
Core themes of central importance in the modern national security and media environments emerge for discussion and debate. For instance:
- Who is the ‘press’? What is its role in a democracy, and what does press ‘freedom’ require?
- How far should governments go in protecting national security?
- How might basic values like free speech and public accountability be threatened and preserved in the national security context?
- To what extent does security require secrecy? Who should be responsible for determining what information ought to remain secret, and on what basis?
- Does the press have an oversight role to play in respect of national security agencies, actors and actions?
- How have, and should, governments respond to complex issues, including:
- The publication of leaked security-classified information;
- Public sector (including intelligence) whistleblowers;
- Criminal prosecutions based on sensitive national security information;
- Widespread use of encryption technologies (including by criminals and journalists), and;
- The prospect of journalism-based defences to national security offences; and
- The democratic need for government secrecy and accountability.
Principal topics will include:
- Security and Democracy
- National Security in the Post-9/11 World
- Press Freedom: role, importance, protections
- Secrecy and the Right to Know
- National Security Governance and the National Intelligence Community
- Formal classification systems and FOI
- Offences for handling and communicating information.
- Court reporting and the National Security Information Act
- Sources and source protection
- Public sector whistleblower protections.
- Police and Intelligence powers.
- Impacts: Doing journalism in today’s national security environment
Course content focuses on Australia, though will also be given to developments in a global context, including for the major research essay.
Intended learning outcomes
A student who has successfully completed this subject will:
- Identify and explain the nature and importance of press freedom by reference to key principles of public law.
- Identify and explain key national security laws and governance structures.
- Identify and explain journalistic process and how it intersects with the national security sector.
- Conduct and communicate research in press freedom and national security, applying appropriate research principles and methods.
- Investigate and critically analyse complex information, problems and concepts in relation to press freedom and national security.
- Independently critique and evaluate national security law, practice and policy, including from a press freedom perspective.
Generic skills
- Have the cognitive and technical skills to generate critical and creative ideas relating to press freedom and national security, and to harness theories, principles and concepts with creativity and autonomy;
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to press freedom and national security;
- Have the communication skills to clearly articulate and convey complex information regarding press freedom and national security to relevant audiences;
- Be able to demonstrate autonomy, critical thinking and analysis skills and expert judgment and responsibility in the field of press freedom and national security, with an eye to giving clear conclusions on law reform options.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Corequisites
Non-allowed subjects
Recommended background knowledge
This subject focuses on Australia, within a global context of national security threats, the global-to-local modern media landscape, human rights, and democratic values.
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Research Proposal
| To be confirmed in-class. | 20% |
Research paper on a topic approved by the subject coordinator
| 22 February 2023 | 80% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 2 November 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 30 November 2022 to 6 December 2022 Last self-enrol date 7 November 2022 Census date 1 December 2022 Last date to withdraw without fail 20 January 2023 Assessment period ends 22 February 2023 November contact information
Lecturer
Dr Rebecca Ananian-Welsh (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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.
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-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024