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Legal and Ethical Issues in Media Practice of Australia Discussion

 

The essay should demonstrate engagement with the unit content, the set readings and texts, as well as show evidence of wider scholarly research. Essays must follow proper scholarly formatting and referencing (APA style) in order to avoid penalties. This course is ostensibly based on Australian debates and references/examples should be made to current Australian media. Laws, codes, regulations and guidelines should be primarily Australian. Of course, what has happened in other jurisdictions (cases, legislation, reform recommendations), may also be important as a comparison. A good example will illuminate the concerns and provide depth. Serial examples should not be used to replace a coherent argument. Recent media examples (published in the last 12 months) should be used in a way that substantially enhances & illustrates your argument. All references, material and examples must be originally in English (translations by students are not accepted). All references using actual quotes, paraphrase, or specific arguments, should employ page numbers. 

The essays will be assessed primarily according to response to the question; engagement with course concepts, clarity of expression; structure and strength of argument; use of academic and media texts to support your argument; use of course materials as well as independent research/reading.  In addition, the following will be taken into account:

· Evidence of understanding of the chosen topic.  Clearly identifies relevant ethical, legal issues. Clearly identifies, applies appropriate ethical/legal frameworks.

· Engagement with relevant course material, resources and concepts

· Wider research and reading to support logical argument, appropriate use of relevant, credible media and academic texts.

· Use of relevant, current media example(s) to illustrate analysis.

· Originality of thought and approach beyond summarizing the material

· Presentation, clarity of expression; appropriate level of academic writing referencing & academic standards; adheres to word limit, pagination, formatting requirements; demonstrates appropriate language and literacy; proof read for spelling & grammar; compliance with instructions for essay & submission.

Instructions:

· Your Essay must be uploaded to Canvas/Assignments/ Essay as a Word.doc or Word.docx (not pdf) by the due date. 

· The file name must include the Question Number (eg Question 6) that you are answering.

· At the start of your essay, write the question number and the question itself in full. This enables your marker to indicate parts of the question you may not have addressed fully. 

· Double Space and paginate your work. Use 11pt font with adequate margins for comments.

· Use in-text referencing (eg Harvard or APA,) not footnotes.

· You should use at least 10-12 references.

· Indicate the word count at the end of your essay.  The Word Limit is 3000 words (max), including in-text referencing & quotes, but not a list of references/resources, or the title. There is no 10% margin on exceeding the word limit. Marks are deducted for exceeding the word limit.  

· Ensure you have read the University’s policy on Academic Integrity & Plagiarism. Note: inclusion of references that you have not actually read yourself and negligent or unintentional plagiarism may be a breach of this policy. Ensure that you properly reference the sources of all information that is not your own – not merely the words of others you may have quoted, but also their ideas. You should demonstrate a careful engagement with the course concepts and materials as well as your own wider reading and research. Do not quote lectures or lecture materials in your essays, but refer to the original works used in the lecture, demonstrating that you have actually read those original works. Scholarly standards will apply. · You should NOT cover the same story/issue in any substantive way that you have addressed or intend to address in your comment piece/presentation.  Do NOT use the topic :To regulate or not to regulate hate speech in Australian media.( https://www.theguardian.com/australia-news/2021/apr/22/facebook-accused-of-not-removing-hate-speech-in-complaint-under-australias-racial-discrimination-law)

· Laws, codes, regulations and guidelines should be primarily Australian. Of course, what has happened in internationally in other jurisdictions (cases, legislation, reform recommendations etc), may be relevant as a comparison or for the particular issue you are looking at.

Essay Questions: Choose ONE question only.

1. Arguably, journalists are free to publish what they want unless there is a law against it. Discuss this statement in the context of reporting court cases. You should consider where and how the line is drawn between freedom of the media and the limits of specific laws considered in this Unit using a current (in the previous year) media example of court reporting. You should make reference to relevant Australian codes and laws.

2. ‘Initially it looked as if with the development of the Internet a new and completely free, almost anarchistic space was created where state censors had no power’ (Hamelink, CJ (2000) The Ethics of Cyberspace, Sage, London p139). We are increasingly seeing regulation by platforms (Facebook, Instagram, Twitter), acting as censors of contentious material. Yet there are also calls for regulation of platforms by the state where self-regulation is seen to fail. Discuss some of the key tensions in regulation of content by platforms vs by governments in ONE of the following areas using current example(s):

a. hate speech

b. privacy

c. fake news/disinformation/misinformation

d. the News Media Bargaining Code or the DIGI Code of Practice. 

3. Debate the legal and ethical issues for media practitioners surrounding the secret or hidden filming or recording of people in publishing one recent media story. You should refer to legal and ethical frameworks and materials used in this Unit of Study as well as your own wider research. Illustrate your response using at least one recent Australian media story involving the use of secret filming or recording.

4. The Public Interest is a term commonly used by the media in justifying what stories or information it chooses to reveal or conceal from the public. Explore how the public interest informed the legal and ethical choices made by the media in covering the March 2019 Christchurch mosque attack. A timeline may be helpful in indicating changing legal/ethical concerns in covering this story. Reference should also be made to relevant codes or laws that may impact on their decisions.

5. Historically, there has been a resistance to regulation of the content of political advertising aimed at citizens (there is no prohibition on ‘false & misleading’ political ads; regulation has focused on timing in relation to elections, and certain mandatory information as to who has authored or voiced the material). Compare this to regulation of advertising material aimed at consumers (false and misleading ads are prohibited under consumer law and advertising codes). To what extent would a law requiring truth in political advertising raise ethical or legal concerns for media practitioners?

6. Outline and discuss in a critically reflective and detailed manner the ethical and legal issues of one media story in the past 12 months. You must identify relevant ethical and legal principles as they impact or apply to the media or media practitioner involved, and refer to specific media texts as well as to academic and critical texts in your answer. You should try to tease out the relevant legal and ethical issues and the ramifications for media practitioners. It should NOT be the same story or substantive issue that you have covered, or intend to cover, in your comment piece/presentation.  Reference should be made to relevant Australian laws and codes. The example you select may relate to either a traditional or new media format. Essays that focus on legal issues essays need to demonstrate critical thinking, not simply a summary of what the law provides or relevant case states. You do not need to give equal consideration of the legal and ethical issues – some stories raise both, some are more appropriately dealt with by focusing primarily on the ethics or the law. 

7. Privacy is one of the defining issues of our times. Both Facebook’s data collection and China’s social credit system utilise information about us to define our online persona. Traditional notions of privacy as a personal right allowing us to control what others know or say about us have not been legally enforceable in Australia, whereas the use of data held by governments and large companies in Australia is, to some extent, regulated under the Privacy Act. To what extent can privacy laws, codes or terms of use be developed to protect our online persona from misuse by social media platforms?

8. Is unethical conduct an inevitable and unavoidable consequence of the commercial pursuit of profit and audiences? Discuss this question, teasing out the commercial versus ethical issues, and elaborate on your response through the use of current media examples in one area of media practice.

Useful websites:

http://www.austlii.edu.au/

https://www.justice.nsw.gov.au/