Subjects 2008
Privacy and the Media (formerly Privacy, Celebrity and the Media) 730877
- Credited Courses: Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Intellectual Property Law 277; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Laws by Coursework (LLM) 502
Objectives
A candidate who has successfully completed the subject should:
- Be familiar with basic legal sources of privacy protection in comparable jurisdictions
- Be able to situate privacy in its historical, political and social context
- Have an understanding of the sharply differing approaches of a number of legal jurisdictions to the protection of privacy, especially vis-à-vis the media
- Have awareness of the applicable principles of the European Convention on Human Rights and Bills of Rights in comparable jurisdictions (including the US, Canada, New Zealand, and now the ACT and Victoria) as well as the Australian implied freedom of political discussion
- Be familiar with the principles involved in reconciling privacy claims with those of media freedom in a number of key comparative jurisdictions.
Syllabus
Principal topics will include:
- Values underlying the notion of a right to privacy: Why is it considered a basic human right?
- Privacy as a constitutional issue
- Role of the news media in different forms, and the function of the media in a modern society
- Breach of confidence as a vehicle for privacy protection
- Alternatives to breach of confidence: Differing models of a tort of invasion of privacy
- Privacy in public places: The US/European divide
- Celebrity, publicity and ‘waiver’ of privacy rights
- Whistle blowing, protection of journalists’ sources
- Access to information (FOI)
- Privacy and freedom of speech (especially of the media).
