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Course

Censorship, Contempt and the Media - LAWS8141

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Academic Program must be 9220 or 5750 or 9200 or 5740 or 9210 or 9230 or 9214 or 5214 or 8281 (min 75 WAM) or 8232 (min 75 WAM).

Excluded: JURD7342, JURD7741, LAWS3042

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course is concerned with laws that impose significant legal restrictions upon what the media, or other communicators to large-scale audiences, may publish under Australian law. The subject matter is as relevant to the publication of books, films and videos as to newspapers and broadcast programs, and the legal problems presented by the new technologies receive special emphasis. The course begins with some consideration of the meaning or meanings of freedom of expression and the extent to which it is protected in general terms under Australian constitutional law. Special attention is paid also to broad political and philosophical theories about the notions of free speech and censorship. The focus then turns to specific laws having a significant daily impact on the contents of publications. This includes the law relating to racial vilification, blasphemy, sedition, publication of obscene material and contempt of court.


LLM Specialisations

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course will have a broad understanding of:
  • The general principles and some of the legal intricacies in each of the topics
  • The thematic links between them
  • Aspects of their operation in practice
  • Historical, comparative and policy aspects

Main Topics

  • Notions of "free speech" and "censorship"
  • Australian constitutional position with respect to freedom of speech and its impact on the laws to be considered in this course
  • Racial and religious vilification
  • Regulation of obscene material
  • Art and censorship
  • Blasphemy in a multicultural society
  • Sedition in an age of terrorism
  • Restrictions on court reporting
  • Journalists and confidential sources
  • Sub judice contempt - fair trial versus freedom of the press
  • Scandalising the court

Assessment

 
Class participation   10%
Research assignment (5,500 - 7,000 words) 90%
 

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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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