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Criminalising Speech in the Internet Age (LAWS70184)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
December
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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.

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: 31 January 2024

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 2 (On Campus - Parkville)
 12.5

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: 31 January 2024

Assessment

DescriptionTimingPercentage

Assessment 1: Class participation

Throughout the teaching period10%

Assessment 2, Option 1: Take-home examination

  • 5000 words
31 January - 3 February 202590%

Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator

  • 5000 words
5 February 202590%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/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: 31 January 2024

Quotas apply to this subject

Dates & times

  • December
    Principal coordinatorJonathan Gill
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment150 hours
    Pre teaching start date 6 November 2024
    Pre teaching requirementsPlease 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 4 December 2024 to 10 December 2024
    Last self-enrol date11 November 2024
    Census date 4 December 2024
    Last date to withdraw without fail 3 January 2025
    Assessment period ends 3 February 2025

    December contact information

    Lecturer
    Jonathan Gill (Coordinator)

    Email: law-masters@unimelb.edu.au
    Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
    Website: law.unimelb.edu.au

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

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

Last updated: 31 January 2024