Criminalising Speech in the Internet Age (LAWS70184)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
December
Teaching staff:
Jonathan Gill (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | December |
|---|---|
| Fees | Look up fees |
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.
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: 4 March 2025
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
| 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
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50096 | Media Law | Semester 1 (On Campus - Parkville) |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 10% |
Assessment 2, Option 1: Take-home examination
| 23 - 26 January 2026 | 90% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 4 February 2026 | 90% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- December
Principal coordinator Jonathan Gill Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 12 November 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 10 December 2025 to 16 December 2025 Last self-enrol date 17 November 2025 Census date 12 December 2025 Last date to withdraw without fail 23 January 2026 Assessment period ends 27 February 2026 December contact information
Teaching staff:
Jonathan Gill (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Communications Law Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in Laws Course Master of Public and International Law Course Juris Doctor - 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 subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025