Media Law and Ethics
JMSC0019 Autumn 2012
Journalism and Media Studies Centre
The University of Hong Kong
Instructor: Cliff Buddle
E-mail: cliff.buddle@gmail.com
Class Time/Location: Fridays, 9.30 a.m.-11.20am, Eliot Hall, Room 101
Tutorials: Group A, Tuesday. 9.30am-10.20am, Eliot Hall, Room 101, and
Group B, Wednesday, 9.30am-10.20am, Eliot Hall, Room 101.
Course website: http://jmsc.hku.hk/courses/jmsc0019
Book website: http://hongkongmedialaw.net
Course Description:
This course examines the fast-developing ethical and legal issues concerning
journalism and journalists in Hong Kong and elsewhere, covering such
topics as freedom of expression, defamation, contempt of court, privacy,
information access, and ethical standards.
Learning Outcomes:
By the end of this course, you will be able to:
1. Exhibit an understanding of the ethical and business issues that apply to
the contemporary press.
2. Describe and outline the major legal concepts applicable to the media,
including freedom of expression, defamation, privacy, contempt of court and
copyright.
3. Describe and outline how media law varies across jurisdictions, including
Hong Kong, mainland China, the United States and the United Kingdom.
4. Read and analyse legal cases to understand how legal concepts are applied
in practice.
5. Conduct basic legal research to find information on court decisions,
pending cases and laws and regulations.
6. Understand the legal rights and obligations of the media and apply legal
concepts to guide your reporting activities.
7. Understand the role and functioning of courts and gain familiarity with
reporting on legal issues and court cases.
Structure, Format and Readings:
Classes will be held 9.30 a.m. to 11.20am on Fridays beginning Sept. 21,
2012
You also are required to attend a weekly tutorial beginning Sept. 25 on
Tuesdays (for Group A) and Wednesdays (for Group B). This will be held
between 9.30am-10.20am. The tutorial will allow us to discuss course
materials in greater depth and to present research projects.
There is one required textbook, Hong Kong Media Law: A Guide to
Journalists and Media Professionals (HKU Press 2007), available at the
university bookstore.
Students will be required to read selected chapters. Also, throughout the
semester, other readings will be distributed or posted on the course website
as required or recommended readings. In addition to assigned readings,
students are expected to read daily newspapers and review other media
outlets such as the Internet and television to keep abreast of current media
law and ethics developments and cases.
Students are expected to make a presentation, in teams of two, of research on
a current media law and/or ethics topic approved in advance by the
instructor. During the semester there will be a mid-term quiz. At the
conclusion of the semester, students will have a written, take-home exam.
The exam will be distributed at the last class on December 7, 2012 and is
due December 14, 2012 before 6 p.m. No late exams will be accepted.
You must submit both electronic and paper versions of the exam and
paper.
Grading:
Take-home, written exam: 40 percent
Research presentation: 30 percent
Midterm quiz: 20 percent
Tutorial/Class participation: 10 percent
Weekly Schedule:
(Please check the “Readings” section of the course website for relevant
materials)
Week 1
September 21, 2012
Overview of Media Law and Ethics. What is media law? What are media
ethics? How are these concepts integrated? What are the primary
responsibilities of a journalist today? This session will introduce the course
and explore some of the critical issues facing the journalism profession.
Week 2
September 28, 2012
Legal Systems, Freedom of Expression and the Role of the Press.
Freedom of the press and freedom of speech are protected by Hong Kong’s
Basic Law and by international human rights conventions. But what do we
mean by these expressions? What restrictions on these freedoms are
permitted by law? How do the courts decide whether freedom of expression
has been unlawfully curbed? What issues arise from the growth of the
Internet as a means of expression? What are the Basic Law, common law
and other key elements of the legal system?
Week 3
October 5, 2012
Examining Ethical Standards: Media scandals and the question of
regulation. Phone hacking, deception, trespassing, naked pictures,
invasions of privacy… Journalists work in a competitive environment,
under constant pressure to find exclusive material. What happens when
they go too far? What are the rules governing the ethics of the profession –
and who should police them? Codes of conduct and press councils play their
part. But is self-regulation sufficient? How might tougher regulation pose a
threat to the freedom of the press?
Week 4
October 12, 2012
The Press versus the Judicial System. What are the tensions between the
right to a free press and the right to a fair trial? Covering court cases and
criminal investigations in Hong Kong can be like crossing a legal minefield.
But a good understanding of the danger areas enables journalists to get the
most out of their court and legal stories. This class examines the principle of
open justice, contempt of court, and reporting restrictions.
Week 5
October 19, 2012
Privacy and Obscenity. Journalists have been criticised for controversial
reporting techniques, particularly those that impinge on individual privacy,
including the use of hidden cameras, deception and ambush interviews.
Complicating the privacy question are the often overlapping issues involving
obscenity, particularly with the ease and proliferation of the online posting
of private images. How do these issues affect the media when they cover
such controversies as the Edison Chen case?
Week 6
October 26, 201
Defamation I: How does the law seek to protect people’s reputations?
What do we mean by “defamation”? What is the difference between libel
and slander? Who can sue? Who can be sued? What are the implications
for journalists? And how is the Internet affecting these issues?
November 2. Reading Week. No Classes
Week 7
November 9, 2012
Defamation II: The defences. How can journalists defend themselves
when accused of publishing defamatory content? What are the defences
available to them? How are “fair comment,” and “responsible reporting”
defined? How might Hong Kong’s libel laws be reformed to better reflect
the modern media environment?
Week 8
November 16, 2012
MID TERM QUIZ
New Media and the Business of Journalism. The news media worldwide
have undergone huge changes in recent years as the consolidation and
decline of traditional media have competed with the rise of new media
players, including state-owned media and technology giants such as Google.
What do these changes means in terms of impartiality and power of the
media? Have pressures for profits and the rise of non-traditional media
intruded into the newsgathering process?
Week 9
November 23, 2012
Confidentiality: Access to Information, Official Secrets, Protecting
Sources. The media face many legal issues involving confidentiality of
information. When can the government legitimately invoke official secrecy
or restrict boundaries of newsgathering? To what information do the public
and press have aright of access? When can reporters
claim confidentiality when it comes to protecting their sources? Should
Hong Kong introduce a freedom of information law?
Week 10
November 30, 2012
Media Law in the PRC. The regulation of media and reporters in China is a
shifting landscape. How are domestic and foreign media controlled and
regulated? What rules
apply to foreign, domestic and Hong Kong/Macau/Taiwan journalists in
China, and how are they treated differently? What is the impact of state
secrets laws on the media in China?
Week 11
December 7, 2012
Copyright and Intellectual Property. In the age of the Internet, intellectual
property issues have become increasingly more important for both
traditional and online media. What major copyright issues arise for both
media companies and individual journalists? How has the increase in online
publications complicated the conflict between copyright violations versus
fair dealing/fair use? What are the alternatives to traditional copyright?
TAKE HOME EXAM WILL BE DISTRIBUTED