76019 Media and Digital Platform Regulation
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 78178 Telecommunications Law and Regulations AND 78179 Telecommunications Law and Regulations
Description
The subject confronts the global multi-platform delivery environment in which media operates. It examines a series of flashpoints in communications regulation, looking at how evolving services challenge existing approaches to regulation and policy-making.
The subject covers the background to regulation of ‘legacy’ services in the broadcasting, telecommunications and online sectors and developing attempts to regulate digital platforms. An introduction to both structural and content regulation considers some foundational aspects of media and communications regulation, including licensing and the separation of categories of communications services. The subject provides students with an understanding of the policy and legal framework and addresses such questions as: who can provide these services; what regulatory obligations are imposed on businesses providing these services; how are these sectors regulated to ensure that competition is promoted; and how do attempts to regulate digital platforms involve departures from established regulatory practice.
This is a very topical course with a changing menu of current issues. It examines some specific aspects of media and digital platform regulation, using case studies to explore contemporary legal and regulatory challenges. Current issues include attempts to address the spread of disinformation; the use of the News Media Bargaining Code to shift revenue from digital platforms back to news providers; and regulatory measures to make streaming services such as Netflix contribute to the production of Australian content.
In examining these issues, students consider the variation in methods of regulation – for example, the use of legislation in some contexts and industry self-regulation in others – and reflect on the rationale for these different approaches.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Communicate ideas, views and arguments relating to the policy considerations which influence media and digital platform regulation; |
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| 2. | Demonstrate an understanding of the laws which govern electronic communications |
| 3. | Apply in the digital platform context knowledge of the regulatory design approaches adopted or available for regulation of the broadcasting and telecommunications sectors; |
| 4. | Recognise and respond to emerging issues in electronic communications regulation; |
| 5. | Understand and contribute to the policy debates and reform discussions relating to the specific legal topics covered in the course, and to evaluate the appropriateness of the legal responses to the policy goals; |
| 6. | Develop, implement and critically review appropriate self-management and life-long learning strategies, including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, appropriate use of feedback and a capacity to adapt to and embrace change. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(ii). Making use of feedback as appropriate;
(iii). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)
Teaching and learning strategies
Strategy 1:
Teaching strategies will be based on a mix of online lecture and face-to-face seminar discussions. Online lectures will be used where it is appropriate to provide background and material in an area which is complex, rapidly changing, and not always well-served by academic literature. Class discussions will provide an opportunity for students to critically explore, analyse and reflect on a range of relevant issues as well as to develop communications skills.
Strategy 2:
Independent study and research will be used to extend and deepen knowledge and understanding of relevant issues as well as develop self-management skills. Students are expected to prepare for classes by reading set materials and/or engaging with online resources, as appropriate and, where applicable, come to class ready to participate in informed discussion about selected issues.
Strategy 3:
This subject will be supported in a variety of ways by Canvas. Students will access links to audiovisual and other material posted by the teacher and will be able to post comments and engage with other students’ comments. An area will be established for posting media articles and other information about developing issues.
Strategy 4:
Feedback – the use of Discussion Board Posts and critical reflections on other students’ posts will help guide students on the identification of regulatory issues that are relevant to this subject and will help develop their capacity to analyse these issues.
Subject Delivery:
Blended delivery involving both face-to-face and online learning. In general, face-to-face classes will be offered for each of the Saturday sessions from 10am to 1pm and from 2pm to 5pm, although some additional online learning may be used where suitable.
Content (topics)
Topic 1: Regulatory framework and industry context
Topic 2: Forms of regulation
Topic 3: Broadcasting, telecommunications and internet service providers
Topic 4: Digital platforms
Topic 5: Evolving services and delivery methods
Topic 6: News media and digital platforms
Topic 7: Disinformation
Topic 8: Online safety
Topic 9: Media content on free-to-air, streaming and other online services
Topic 10: Media diversity
Assessment
Assessment task 1: Class participation
| Intent: | Identification of and reflection on regulatory issues and how they develop are critical aspects of this subject. This task requires students to monitor the policy and industry environment and to characterise the regulatory aspects of current issues in the communications sector. It requires the exercise of judgment in the identification of these issues and it involves both the giving and receiving of feedback. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.8.1 |
| Weight: | 10% |
| Length: | 400 words (notional) |
| Criteria: |
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Assessment task 2: Online quiz
| Intent: | The quiz is designed for students to gauge their grasp of regulatory concepts and the regulatory framework before attempting the written assignments. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 3, 4 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.8.1 |
| Weight: | 10% |
| Length: | N/A |
| Criteria: | Correct answers to multiple choice online quiz covering Topics 1, 2 and 3. |
Assessment task 3: Regulatory Evaluation Report
| Intent: | Completing this assignment will enable students to practise and get feedback on their analytical skills and communicating their analysis in written form. It will assist students to develop their capacity to think critically and strategically and to apply their knowledge in a practical way. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.8.1 |
| Weight: | 35% |
| Length: | 1,400 words |
| Criteria: |
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Assessment task 4: Research Essay
| Intent: | Completing this assignment will enable students to practise and get feedback on their analytical skills and communicating their analysis in written form. It will assist students to develop their capacity to think critically and strategically and to apply their knowledge in a practical way. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.8.1 |
| Weight: | 45% |
| Length: | 2,200 words |
| Criteria: |
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Required texts
Some of the materials for this subject change each time it is offered because it has a strong focus on current policy and regulatory issues. Links to these materials will be provided on Canvas.
There is no textbook that covers all the subject matter in the subject. The best source is Australian Media Law (sixth edition) by Sharon Rodrick, Brendan Clift, Jennifer Ireland and Lesley Power (published in Thomson Reuters in 2021). Chapter 14 deals with 'Regulation of the Media', while Chapter 15 is 'Media Ownership and Control'. For students enrolled in 76063 in 2023, this is the textbook used for defamation, contempt and other topics.
Another useful Australian textbook is Media Law: Cases, Materials and Commentary (third edition) by Rolph et al (published by Oxford University Press in 2022). Part Two deals with media regulation.
The following general text is required:
- Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) [AGLC4] – you can purchase a copy, or view it online via the UTS Library's catalogue.
Students are expected to access the ‘what to read/view/listen to’ materials indicated for seminars and lectures on Canvas.
Recommended texts
UTS:LAW Student Guidebook (latest edition)
UTS:LAW Guide to Written Communication (latest edition).
UTS Assessment of Coursework Subjects Policy and Procedures, available at <www.gsu.uts.edu.au/>
References
Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018). This work sets out the Faculty's preferred style for referencing.
UTS:LAW Subject Information Book (latest edition)
UTS:LAW Guide to Written Communication (latest edition)
UTS Assessment of Coursework Subjects: Policy and Procedures: <http://www.gsu.uts.edu.au/policies/assessment-coursework.html>
Other resources
General References
Pearce, Dennis, Statutory Interpretation in Australia (LexisNexis Butterworths, 9th ed, 2019)
Journals
Media and Arts Law Review
Communications Law Bulletin
Journal of Telecommunications and the Digital Economy
Journal of Media Law
InterMedia
Useful Websites
Australian Communications and Media Authority (ACMA) <acma.gov.au>
Department of Infratructure, Transport, Regional Development, Communications and the Arts <infrastructure.gov.au>
Office of the eSafety Commissioner <esafety.gov.au>
Australian Classification <www.classification.gov.au/Home.aspx>
Australian Competition and Communications Commission (ACCC): <http://www.accc.gov.au>
Commonwealth Attorney-General's Department <www.ag.gov.au/Pages/default.aspx>
DIGI (Digital Industry Group Inc) <digi.org.au>
Federal Register of Legislation <www.legislation.gov.au>
Communications Alliance <commsalliance.com.au>
Australian Communications Consumer Action Network (ACCAN) <accan.org.au>
Communications Compliance <commcom.com.au>
Useful Television Program
ABC Media Watch, broadcast on ABC1 on Mondays at 9.15pm and on iView, with segments and transcripts available at <www.abc.net.au/mediawatch/>