LL295      
Media Law

This information is for the 2011/12 session.

Teacher responsible

Dr Andrew Scott, F6.25

Availability

LLB and BA Anthropology and Law.  Also available to General Course students and as an outside option.

Course content

The course examines the legal and administrative regulation of the press and broadcast media. It focuses on four areas: the control of journalistic practices, the protection of private interests (such as those in privacy and reputation), regulating content in the public interest, and the regulation of media industry structure. The course centres on law and regulation in the UK, as influenced by European law.

The course is introduced with an overview of two overarching areas: first, the media landscape and the main social, technological and regulatory influences shaping its development, and secondly, the protection of freedom of expression and freedom of the press in national and international law. It then proceeds to review potential restrictions on these values that are aimed at promoting or preserving specific private and/or public interests. The key private interests included are those in reputation, privacy, confidentiality, and the protection of intellectual property. The key public interests included are those in preservation of the integrity of the judicial process, the fairness of political debate, the protection of children, and the protection of culture. The third part of the course focuses on the regulation of journalists' newsgathering practices, and covers such themes as harassment, surreptitious methods, cheque-book journalism, protection of sources, and access to state-held information. The course concludes with consideration of the structural and economic regulation of the media, with topics including the role and regulation of public service broadcasting, media ownership rules, and the application of competition laws in the media sector.

Teaching

A weekly two-hour seminar session and a one-hour class in the Michaelmas and Lent Terms. Two revision sessions will be held in the Summer Term.

Formative coursework

Two formative assignments in each of the Michaelmas and Lent Terms.

Indicative reading

Fenwick and Phillipson, Media Freedom Under the Human Rights Act (OUP, 2006); Robertson and Nicol, Media Law (Sweet & Maxwell, 5th ed 2007), Doley and Mullis (eds), Carter Ruck on Libel and Privacy (6th edn, Lexis Nexis, 2010), Warby, Moreham and Christie (eds) Tugendhat and Christie:, The Law of Privacy and the Media, (2nd edn, OUP, 2002 and 2006 SUPP2011),Barendt, Freedom of Speech (OUP, 2nd ed 2005), Carey, Media Law (Sweet & Maxwell, 2nd ed 2007), Feintuck and Varney, Media Regulation, Public Interest and the Law (2nd edn, Edinburgh UP, 2006); Hitchens, Broadcasting Pluralism and Diversity: A Comparative Study of Policy and Regulation (Hart, 2006).

Assessment

Three hour unseen examination in the Summer Term (100%).

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