Law of Communication- Mid-Semester Assignment

Order Description LAW OF COMMUNICATION University of Canberra Faculty of Law MID SEMESTER ASSIGNMENT Semester 2 2016 UNIT NAME: Law of Communication (UG) UNIT NUMBER: 9424 DUE DATE AND TIME: 9am, Saturday 24 September 2016 Marks on this paper 40 Marks for assessment 40 EXAMINER�S NAME: Dr Kate Chetty CONTACT EMAIL: [email protected] INSTRUCTIONS FOR STUDENTS: 1. Assignments must be undertaken in" rel="nofollow">individually. 2. Assignment papers must be typed and in" rel="nofollow">in Microsoft Word format, not PDF (this is to enable in" rel="nofollow">individual feedback to be provided). 3. Assignment papers must be submitted electronically via Moodle by 9am, Saturday 24 September 2016. Students will be penalised for late submissions (5% per day, up to seven days after which time submissions will not be accepted). 4. Assignment papers must contain" rel="nofollow">in the completed cover sheet available on Moodle. 5. Assignment papers must contain" rel="nofollow">in a bibliography and conform with the Australian Guide to Legal Citation and Canberra Law Review Style Guide (ie. must use footnotin" rel="nofollow">ing). 6. Refer to Moodle for the assessment criteria, the Unit Outlin" rel="nofollow">ine for the late policy, and the University of Canberra assignment policies for academic in" rel="nofollow">integrity guidance. Plagiarism will not be tolerated. 7. All questions in" rel="nofollow">in all parts must be answered, to a maximum of 2400 words in" rel="nofollow">in total (not +10%). The in" rel="nofollow">individual marks for each question are in" rel="nofollow">indicated below, and students should use this as a guide for how many words to dedicate to each question. 8. Read the questions and facts carefully! Only address the questions you have been asked. Facts: Ella Enlightened is a student at the University of Canberra. She is studyin" rel="nofollow">ing a double degree in" rel="nofollow">in law and communications, and is determin" rel="nofollow">ined to fin" rel="nofollow">ind a way to combin" rel="nofollow">ine the two in" rel="nofollow">in her future career. She is particularly passionate about exposin" rel="nofollow">ing Government cover-ups, and has a poster of Julian Assange on her bedroom wall. Ella join" rel="nofollow">ins forces with fellow communications student, Matthew Motherboard, who happens to be an IT guru. Together, they establish a website called Canberra-Leaks, which is in" rel="nofollow">intended to be a forum for them to publish Government documents and in" rel="nofollow">information that has not officially been released to the public. The website is hosted in" rel="nofollow">in the United States, but they operate it from their rooms on campus in" rel="nofollow">in Canberra. It is open to the public, and does not require a subscription for access. Unfortunately, Ella and Matthew don�t know any public servants, nor do they know anyone who might have copies of juicy Government documents or in" rel="nofollow">information. They approach a few friends of friends at parties and other events, but no one is willin" rel="nofollow">ing to talk to them. They thin" rel="nofollow">ink it�s because Canberra-Leaks has not yet built up the same reputation as other expos� websites. Ella and Matthew are brain" rel="nofollow">instormin" rel="nofollow">ing in" rel="nofollow">in the short term loans section of the library when Tom Trustworthy runs up to them. Tom: Guys, seriously, you�re not goin" rel="nofollow">ing to believe what a run of bad luck I�m havin" rel="nofollow">ing! Ella: Try us � it can�t be any worse than ours. Tom: Ok, you know how I�m engaged to Sally Straight? Well, on the weekend she was in" rel="nofollow">in Sydney with her dad and I hooked up with this hot chick Greta Giggles. I�m really not sure what I should do � should I tell Sally or just leave it? Matthew: I don�t know Tom, we�ve got too much to worry about without takin" rel="nofollow">ing on your problems too. Tom: Gee, thanks for the friendly advice. Fin" rel="nofollow">ine, I�ll work it out myself � just don�t tell anyone will you. Ella: Yeah ok, get lost Tom. When Tom leaves, Matthew turns to Ella with a big smile on his face �You know that Sally is the daughter of Senator Sam Straight, the Min" rel="nofollow">inister for Community Wellbein" rel="nofollow">ing? How about our first story be about Senator Straight and his long sufferin" rel="nofollow">ing daughter?! Ella enthusiastically agrees, and they publish the followin" rel="nofollow">ing article on Canberra-Leaks that night: Sally left broken hearted by Tom Not-so-Trustworthy � But is her bad luck hereditary? Sally Straight, daughter of the formidable Senator, has been left heartbroken after becomin" rel="nofollow">ing aware of her cheatin" rel="nofollow">ing boyfriend�s antics. After spendin" rel="nofollow">ing the weekend in" rel="nofollow">in Sydney with her father for a Department of Community Wellbein" rel="nofollow">ing function, Tom hit the town � in" rel="nofollow">in his words �hookin" rel="nofollow">ing up with this hot chick Greta Giggles�. Min" rel="nofollow">ind you, bad luck seems to run in" rel="nofollow">in that family with Sally�s long-sufferin" rel="nofollow">ing mother facin" rel="nofollow">ing the same problems with her father, the also not-so-trustworthy Senator. The good Senator has cheated on his wife many times, and this begs the question � if he�ll cheat on his wife, will he also cheat on us? The answer is probably �yes�. In the meantime, Ella submits a request under the Freedom of Information Act 1982 (Cth) for a copy of Senator Straight�s diary for that weekend. While she didn�t really have anythin" rel="nofollow">ing on which to base her allegations of Sam�s affair, she figures if they are ever questioned on the truth of the article, she�ll be able to use his recorded absence as evidence. It doesn�t take long for social media to catch on to the website and by the end of the next day, everyone is talkin" rel="nofollow">ing about Canberra-Leaks and the article. Igor Integrity, a journalist with The Canberra Tribune newspaper, is horrified at what he reads on Canberra-Leaks. He knows Senator Sam and his family well, and while he doesn�t know whether what he read is true, he certain" rel="nofollow">inly feels sorry for the family�s personal lives bein" rel="nofollow">ing exposes like that. He writes an opin" rel="nofollow">inion piece which starts with the followin" rel="nofollow">ing sentence: There is only ad hoc protection of privacy under Australian law. This is a significant flaw of the Australian legal system. Questions: Part 1 � Problem questions (1) Have Ella and Matthew defamed Senator Sam in" rel="nofollow">in their onlin" rel="nofollow">ine article �Sally left broken hearted by Tom Not-so-Trustworthy � But is her bad luck hereditary?� and are any defences available to them? In your answer, discuss any jurisdictional issues that arise in" rel="nofollow">in relation to Canberra-Leaks. (10 marks) (2) Have Ella and Matthew breached Tom�s confidentiality? Are any defences to an action for breach of confidence be available to Ella and Matthew? (6 marks) (3) Is Canberra-Leaks bound by the Privacy Act 1988 (Cth)? Why / why not? (2 marks) (4) Does Ella have a right to access Senator Sam�s diary under the Freedom of Information Act 1982 (Cth)? Why / why not (2 marks) (5) Is everythin" rel="nofollow">ing that Ella and Matthew have written protected by a broad constitutional right to freedom of speech? Why / why not? (2 marks) Part 2 - Essay Question (6) Critically analyse Igor�s statement �There is only ad hoc protection of privacy under Australian law. This is a significant flaw of the Australian legal system�. Is he right in" rel="nofollow">in his summation of the law? Do you agree with his conclusion? (15 marks) **An additional 3 marks will be allocated for presentation, in" rel="nofollow">includin" rel="nofollow">ing a bibliography, appropriate footnotin" rel="nofollow">ing and a completed coversheet** Law of Communication- Mid-Semester Assignment University of Canberra Web: https://learnonlin" rel="nofollow">ine.canberra.edu.au/course/view.php?id=16137 Student ID: u3029972 Password: 4hdeu-v7 You are able to login" rel="nofollow">in my student Moodle and click Law of Communication unit outlin" rel="nofollow">ine for more in" rel="nofollow">information DO NOT PLAGIARIZE, the work must has reference and in" rel="nofollow">intex-reference My teacher has the tool that can easily identify the work!!! Mid-Semester Assignment (released Friday 9 September) � Addresses learnin" rel="nofollow">ing outcome(s): o On successful completion of this unit, students will have an enhanced understandin" rel="nofollow">ing of legal issues affectin" rel="nofollow">ing the media and be able to apply this in" rel="nofollow">in a practical context. Students will develop greater awareness of legal risks and develop greater capacity for legal risk identification, risk assessment and risk management in" rel="nofollow">in relation to the production of media content. o Students will be able to: 1. demonstrate an understandin" rel="nofollow">ing of case law and statutory provisions relatin" rel="nofollow">ing to freedom of expression in" rel="nofollow">in Australia; o 2. demonstrate an understandin" rel="nofollow">ing of how the law impacts upon the work of communication professionals; o 3. Demonstrate an ability to analyse and identify legal issues and the legal prin" rel="nofollow">inciples that apply to concrete situations and to evaluate those legal prin" rel="nofollow">inciples. � Related graduate attribute(s): o 1. UC graduates are professional - communicate effectively o 1. UC graduates are professional - display in" rel="nofollow">initiative and drive, and use their organisation skills to plan and manage their workload o 1. UC graduates are professional - employ up-to-date and relevant knowledge and skills o 1. UC graduates are professional - take pride in" rel="nofollow">in their professional and personal in" rel="nofollow">integrity o 1. UC graduates are professional - use creativity, critical thin" rel="nofollow">inkin" rel="nofollow">ing, analysis and research skills to solve theoretical and real-world problems Mid-Semester Assignment (for ALL students): The Mid-Semester Assignment may comprise multiple choice, short answer, problem style and/or essay questions on topics studied durin" rel="nofollow">ing Week 1 to Week 7. The Mid-Semester Assignment must be undertaken in" rel="nofollow">individually. Papers must be submitted electronically to the relevant drop box on Moodle, and must be formatted in" rel="nofollow">in accordance with, and contain" rel="nofollow">in the details stipulated in" rel="nofollow">in, the in" rel="nofollow">instructions on the cover page of the relevant assessment item. Assessment Criteria for each Assessment Item Fig 1: Tutorial Participation assessment criteria Factors examin" rel="nofollow">ined Standard Participation What the student said or exhibited (in" rel="nofollow">includes knowledge, and understandin" rel="nofollow">ing of relevant subject-matter, structure of arguments) Contextual aspects The degree of analysis and critique (practical or jurisprudential) employed by the student Attendance Did the student attend all classes? Presentation How the student spoke (in" rel="nofollow">includes manner and delivery of argument, whether the arguments are succin" rel="nofollow">inct etc) Responsiveness Ability to listen, ability to answer questions or respond to discussion, ability to facilitate discussion Reflection Did the student�s performance in" rel="nofollow">indicate she/he was engagin" rel="nofollow">ing in" rel="nofollow">in reflective learnin" rel="nofollow">ing? Fig 2: Onlin" rel="nofollow">ine Forum Discussion assessment criteria Factors examin" rel="nofollow">ined Standard Participation What the student wrote (in" rel="nofollow">includes knowledge, and understandin" rel="nofollow">ing of relevant subject-matter, structure of arguments) Contextual aspects The degree of analysis and critique (practical or jurisprudential) employed by the student Number of posts Did the student complete at least three onlin" rel="nofollow">ine posts? Presentation How the student wrote (in" rel="nofollow">includes manner and delivery of argument, whether the arguments are succin" rel="nofollow">inct etc) Responsiveness Ability to answer questions or respond to discussion Reflection Did the student�s performance in" rel="nofollow">indicate she/he was engagin" rel="nofollow">ing in" rel="nofollow">in reflective learnin" rel="nofollow">ing? Fig 3: Tutorial Presentation and Outlin" rel="nofollow">ine assessment criteria Criteria Factors Examin" rel="nofollow">ined Content/structure What the student said (in" rel="nofollow">includes knowledge, and understandin" rel="nofollow">ing of relevant subject-matter, structure of arguments) Contextual aspect The degree of analysis and critique (practical or jurisprudential) employed by the student Presentation How the student spoke (in" rel="nofollow">includes manner and delivery of argument, whether the arguments are succin" rel="nofollow">inct etc) Responsiveness Ability to listen, ability to answer questions or respond to discussion, ability to facilitate discussion Generic skills Did the student�s performance display the requisite skills required of presentin" rel="nofollow">ing an argument Fig 4: Onlin" rel="nofollow">ine Discussion Lead assessment criteria Criteria Factors Examin" rel="nofollow">ined Content/structure What the student wrote (in" rel="nofollow">includes knowledge, and understandin" rel="nofollow">ing of relevant subject-matter, structure of arguments) Contextual aspect The degree of analysis and critique (practical or jurisprudential) employed by the student Presentation How the student communicated (in" rel="nofollow">includes manner and delivery of argument, whether the arguments are succin" rel="nofollow">inct etc) Responsiveness Ability to answer questions or respond to discussion, ability to facilitate and lead discussion throughout the week Generic skills Did the student�s performance display the requisite skills required of presentin" rel="nofollow">ing an argument? Fig 5: Mid-Semester Assignment and End of Semester Take-Home Examin" rel="nofollow">ination assessment criteria Criteria Factors Examin" rel="nofollow">ined Communication � Correct syntax, grammar and spellin" rel="nofollow">ing. � Clarity of thought and expression. � Presented in" rel="nofollow">in a clear and logical structure. Demonstrated knowledge of the law � Identifies and recites the particular legal issues and legal prin" rel="nofollow">inciples raised by the question, in" rel="nofollow">includin" rel="nofollow">ing what legislation and what case law is relevant. � Demonstrates an understandin" rel="nofollow">ing of the scope and operation of the relevant legal issues and legal prin" rel="nofollow">inciples. � Goes beyond recommended readin" rel="nofollow">ings / evidence of wider readin" rel="nofollow">ing and research. Analytical skills � Applies the appropriate legal issues and legal prin" rel="nofollow">inciples to the question. � Evaluates the legal arguments on either side and reaches a logical conclusion. � Identifies any relevant legal policy issues (eg. legal vs moral arguments). Presentation � Typed, justified text, bibliography. � Correct citations of cases and legislation. � Layout / settin" rel="nofollow">ing out (use of appropriate headin" rel="nofollow">ings - clarity, ease of readin" rel="nofollow">ing). � Conformity with Canberra Law Review Style Guide and formal requirements expressed in" rel="nofollow">in the Unit Outlin" rel="nofollow">ine and assessment item cover sheet.