MODULE OUTLINE - JN814
2015/16
THE LAW AND THE MEDIA: FREEDOM OF EXPRESSION AS IT
RELATES TO THE MEDIA
JOURNALISM AND FREE
EXPRESSION
Number of Credits:
Length of Module:
30
24 weeks including 1 Reading week and 2
Writing weeks
Weekly Contact Hours:
2 hours per week – combined
lectures and seminars/workshops
Expected number of Student Study Hours - 300 hours including contact
hours
Convenor:
Lesley Phippen
Email : L.Phippen@kent.ac.uk
Telephone: 01634 888963
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This module outlines tells you about:
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Module contacts and email addresses etc.
Content of the module
Aims and objectives
Teaching and learning methods
Assessment
Examinations
Useful texts and materials
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CONTENTS AIMS AND OBJECTIVES
A. Contents Outline
This module explores the relationship between the media, journalists and
freedom of expression. We consider the importance of freedom of expression.
Uninhibited freedom of expression is often promoted as a great benefit – both
to society generally and to individuals. We discuss this at the beginning of the
course and it is a recurring theme throughout the year.
We then go on to consider what restrictions are placed on freedom of
expression and why they are there. Who do these restrictions protect? Who
makes the decisions about what we read, hear and watch? Who should make
these decisions? Cultures vary and so, whilst discussions will often start with
legal restrictions in England and Wales, the module has a strong comparative
aspect. Students will be encouraged to think about how their own countries
address the issues raised here.
All students are expected to attend lectures and seminars each week.
Seminars are wide-ranging, offering students the opportunity to discuss the
tension between competing rights of the state and individuals and any
moral/ethical issues that arise.
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B. Timetable of lectures & seminars – Please read this very
carefully.
Week Week
Beginning
0
21//9
Thursday (1)
Thursday (2)
Brief introduction to
module Room G3 19
Freedom of
Expression
Talking about law –
cases, legislation and
language
Public Interest – what
is it and how does it
affect journalism?
Controlling the media
Introduction to
Library & legal
research in DHL
Trials and the media –
before, during and after
the trial
Protecting the victims of
crime
Journalists’ Sources
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1
28/9
2
5/10
3
12/10
4
5
19/10
26/10
6
2/11
7
9/11
8
16/11
9
10
11
12
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23/11
Journalists’ sources
30/11
Confidentiality
7/12
Privacy
14/12
WRITING
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Freedom of Expression
Talking about law
Public Interest
Is it possible? If so, how?
Free for private study
Fair trials and the media
Participants in trials - sensitive
issues
Essay writing - referencing
and more.
Confidentiality
Privacy
Drop-in session
WEEK
_________________________
WINTER
VACATION
13
14
18/01/16
25/1
15
16
1/2
8/2
Reputation
Balancing free speech
and reputation
Intellectual Property
Censorship
17
15/2
Hate Speech
18
19
20
21
22
23
22/2
29/2
7/3
14/3
21/3
28/3
READING WEEK
Free Speech & Secrets
Project
Projects/presentations
Presentations
Revision Lecture
24
4/4
WRITING
3
Protecting reputation
Projects - introduction
Copyright
Obscene material &
pornography
Hate Speech
READING WEEK
Projects
Project
Projects/presentations
Presentations
Drop-in session for
essays
WEEK
Aims and Objectives of the Module
a. Aims
i.
ii.
iii.
iv.
v.
vi.
To provide a good grounding in the concepts, principles and
theories relating to freedom of expression and its contribution to
society.
To encourage students to critically evaluate the debate
surrounding tensions that exist between the desire to promote
freedom of expression/speech and the recognition that certain
controls may be necessary to protect individuals and society
generally.
To consider the effects of the controls placed on speech and
expression under various jurisdictions together with the effects of
existing human rights conventions.
To engage in a critical discussion of the problems attached to
controlling or allowing free speech in a democratic society.
To encourage awareness and comprehensive understanding of
how journalism and the media may be regulated together with the
ability to critically analyse such control and regulation.
To encourage students to acquire a systematic understanding of
the ethical issues confronted by journalists and to use an original
application of knowledge to interpret them.
b. Objectives (Intended Learning Outcomes)
On successful completion of this module students will:
i.
ii.
iii.
iv.
v.
vi.
Demonstrate a systematic understanding of the concepts, principles
and rules governing the restrictions on freedom of expression in the
media within societies.
Have the ability to critically evaluate the debate surrounding
tensions that arise between the desire to promote free speech and
the recognition that certain controls may be necessary
Demonstrate a comprehensive understanding of the role of a free
press within society.
Demonstrate a comprehensive understanding of various human
rights conventions and their promotion of freedom of expression
within different societies.
Demonstrate a comprehensive understanding of how journalism is
regulated and develop critiques of regulation in its various forms
Show a systematic understanding of the ethical issues that
journalists confront and use original application of knowledge to
interpret them.
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Teaching and Learning methods
Please read this section carefully
These will consist of a combination of lecture and seminar/ workshop plus
private study.
There will be 2 teaching sessions per week throughout the module
excluding Reading and Writing weeks. The timetable above provides the
main structure of the 2 teaching terms. However, if we wish to spend
more or less time on a particular topic, we can do so. One of the aims
of this module is to encourage students to think carefully about the
issues involved so we should not feel constrained in any way.
All new topics will start with an introductory short lecture. Sessions
will then be a combination of seminar discussion and workshop.
LECTURES are not recorded and students are encouraged to
participate as much as possible by asking questions and entering into
discussion where appropriate.
SEMINARS/WORKSHOPS will be based on worksheets/materials
provided at the beginning of each section of the module. Worksheets
will contain both required and further reading in addition to
questions/problems for discussion.
Private study will primarily be addressed to preparing for the teaching
sessions and to researching and writing assessments.
The function of the lectures is to:
a. Provide an expository framework of the legal and ethical
concepts to be considered. Lectures are a foundation upon
which students build more detailed knowledge, particularly of
suitable cases and commentary, through private study.
b. Provide a fuller discussion of difficult legal and ethical concepts
that may arise.
c. Introduce students to a range of comments and critiques
surrounding legal and ethical issues.
The Function of the seminars is:
a. For students to learn through engaging in legal and ethical
argument based on their prior reading in relation to specific
questions and set hypothetical scenarios.
b. To provide an opportunity for students to raise points or clarify
issues arising from lectures or reading.
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c. To develop a deeper critical and evaluative understanding of
the concepts through engaging in discussion based on prior
reading.
d. To identify learning difficulties in relation to particular
topics so that appropriate remedial steps may be taken.
ASSESSMENT REQUIREMENTS
Please read this carefully
The examination/coursework division is 60%/40% respectively.
COURSEWORK
There are two components of coursework assessment which
together make up 60% of the final mark:
Assessment 1 - One essay of up to 4000 words in length. Students will
be provided with a list of suggested titles. This essay is worth 25% of the
overall mark.
Hand in date: Last day of Autumn term – 18th December by 4pm
Assessment 2 - One essay and related presentation in the Spring
Term. The essay will be up to 4000 words in length. Students will choose
their own subject matter for this essay and presentation.
Please note - All essay topics and titles must be discussed in advance
with the convenor. This piece of coursework is worth 35% of the
overall mark (The presentation is worth 25% of the mark for this
piece of coursework) Presentations will take place in the latter part of
the Spring term. Please see timetable above.
Hand in Date for essay: Last day of Spring term – 8th April by 4pm
Notes on Assessments
1.
Submission deadlines will be strictly adhered to. Work submitted
later than the due date will not count towards a student’s
assessment unless an extension has been granted by the
convenor prior to the hand-in date.
2.
Assessments must be submitted electronically via Turnitin on
the Moodle page.
A note on plagiarism – Please read the appropriate section in the
student handbook. If you have any queries about referencing your
written work please come to talk to me. There is a session on essay
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writing and referencing in the Autumn term when these issues are
discussed.
EXAMINATION
The Examination counts for 40% of the overall final mark. It will take the form
of a 2 hour unseen paper and will contain a range of questions across the
syllabus. There will be 5 essay questions on the paper and students will be
expected to answer 2 questions.
Books and Reading
I will be discussing books in the first week of term. Below you will find a list of
suggested texts that cover the range of topics within the module.
Reading Materials Packs
These packs contain a range of materials from different sources. They form
part of the suggested readings for the module. You will also want to read
chapters from textbooks, cases and new academic articles. Details will be
included in seminar reading lists each week and links to new cases or articles
will be put onto the module notes page.
All the appropriate texts are set out in this module outline.
TEXTBOOKS
1. Crook – Comparative Media Law & Ethics –A good read and provides
some useful background to specific areas of law. The author brings an original
perspective to this material. We have several copies in the library plus an ebook. You may want to consider buying this.
2. Barendt Freedom of Speech OUP 2007 (paperback edition of 2005
publication)
An excellent text on Freedom of Speech. It is very wide ranging and
introduces a comparative aspect. Copies in the library.
3.Warburton - Free Speech: A Very Short Introduction. This is an excellent
introduction to the topic as a whole. It’s short and under £5 from Amazon. We
also have it in the library.
4.Craft & Davis – Principles of American Journalism 2013 – Really good
introduction with some clear examples.
5. Moore & Murray – Media Law & Ethics 4th Ed. Routledge - A helpful text
relating to US law. Copies in library.
6. Barendt et al Media Law: Text, Cases and Materials Pearson 2014 A
new publication containing a vast amount of useful material. Has a
comparative perspective.
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7. Smartt – Media and Entertainment Law 2nd Ed. Routledge 2014 A
useful new text for English media law OR
Quinn – Law for Journalists 5th Edition Pearson 2015 – Another useful
text for English media law
8. Routledge Handbook of Media Law Ed. Price, Verhulst, & Morgan. A
selection of chapters with a strong comparative element.
9. Hanna & Dodds McNaes Essential Law for Journalists 22nd Ed. OUP
2014 An excellent resource. The title says it all. Copies are in the library.
This text also has an accompanying website for very useful extras.
10. Robertson & Nicol Media Law (Penguin 2008) 5th Edition. This is the
latest edition of this work. It is a very thorough consideration of aspects of
English media law. Although it is now over 5 years old it is excellent for
background and detail.
11. Fenwick & Phillipson Media Freedom under the Human Rights Act
OUP 2006
This is an extensive well-written and interesting book that provides very
helpful background and discussion throughout the course particularly in
relation to the human rights perspective. It is now several years old but is still
worth reading. There are several copies in the library .
12. Barnes – Outrageous Invasions OUP 2010 – An interesting read - some
chapters will be recommended as essential.
13. Valcke & Lefever – Media Law in the European Union – Wolters
Kluwer 2012 A short good introduction.
14. Frost – Journalism, Ethics and Regulation 3rd Ed. Longman A useful
book that discusses the various issues arising out of the practice of
journalism. Copies in the library.
15. Wacks – Privacy & Media Freedom OUP 2013 – a new publication
discussing all the new developments and arguments.
16. Crook – The UK Media Law Pocketbook – Routledge 2013 – A new
small basic media law book. It has related website for updates. A good place
to start for short clear explanations.
17. Solove The Future of Reputation Yale University Press 2007
A thoughtful American perspective
18. Kelly - Newsdesk Law - This is a new publication that will be useful for
revision or for getting the overall picture of a topic fairly quickly. It only relates
to some topics that we cover but it has some helpful examples and is very
easy to read. Copies in the library.
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19. Carey - Media Law 5th Edition Sweet & Maxwell 2010 - This is an
excellent book containing all the basic information but it does not have the
discussion and comment found in Robertson. Useful as a good foundation.
Copies should be in the library.
20. Ed: Appignanesi Free Expression is No Offence Penguin 2005 A
collection of essays on censorship and freedom of expression. Published to
coincide with a campaign against some proposed legislation relating to ‘hate
speech’ and religion. The campaign worked to an extent. This will be
discussed later in the year but the book is useful generally.
21. Brooke – The Silent State Heinemann 2010 Freedom of Information,
the state and how hard it can be to access it. A good read and thoughtprovoking. Plenty of copies in the library.
English Legal System texts if you need any – Several texts referred to
above (e.g. Quinn, Carey, McNae) contain good introductory chapters on the
legal system.
Statutes
Blackstones Caddell & Johnson 4th Edition – Contains a good range of
media related statutes from the UK, human rights material, codes etc.
You are allowed to take this into the examination with you. Copies in
library as well as earlier editions.
Journals - The main journals relating to this topic are available online.
Some relate specifically to the Media e.g. Media Law Review or The British
Journalism Review but some like The Modern Law Review deal with law in
general. Other journals are listed on the Centre’s library site. Most articles
referred to in reading lists are available online.
Film – There are several films that tie in with the module and reference to
these will be made during the year. Specific showings of the films will be
arranged. Copies of all films are available in the library. Rooms can be
reserved in the library if several students want to watch a film together.
A Note on Books and Reading
a. Copies of the main texts and others are available in the Drill Hall
Library Medway so you do not necessarily have to buy anything.
However, please do remember that students on other courses also
use some of the same texts and they may not always be available
when you want them.
b. If you are going to buy books please spend your money wisely on a
good in-depth text. There are some basic texts that are excellent for
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revision but will not give you the amount of serious information and
comment you will need on a regular basis.
c. We expect students to undertake the required reading each week.
Try to read some of the extra recommended works as well if you can.
For the purposes of assessment students are expected and
encouraged to read widely and to go beyond minimum requirements
in undertaking their own research.
d. Try to read a variety of texts and commentaries as this will help you
to absorb information and ideas more readily and will aid your
understanding of the concepts and the different arguments
surrounding a topic.
There is a list of other media related texts at the end of this outline.
Information Technology
a. Email – All students registered for the module will be contacted via
email through the listings on the student data system. Students are
encouraged to keep up to date with their emails.
b. You will find this outline and lecture/seminar notes on the JN814
module notes page on the CFJ site.
A copy of the module outline is posted on the Moodle page for JN814.
The coursework assessment questions will be posted onto the
Moodle page too.
Various internet websites such as those of Parliament, Law Commission etc
are very useful and other datasets e.g. for cases/journals etc can be accessed
through Lawlinks. There will be a session with the law librarian on using law
related online services in week 5 of the Autumn term. More information about
this session will be available at the start of term.
Do, however, be careful in your use of other websites – some can be very
helpful but others contain very little in-depth material.
THE MODULE AND ITS PROGRAMME
This is a core module. It requires students to think carefully about the practical
and ethical issues surrounding freedom of expression, the media and society
generally.
The module contributes to the International MA programme as a whole by
increasing a student’s ability to critically analyse legal and ethical concepts
and theories relating to freedom of expression and the media.
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Other media related texts – The books listed here cover a wide area and
provide interesting background/ more detail on specific topics. Most of these
are in the library. Some are in the Journalism section, some in the Law
section and others are scattered about depending on their topic. This is a nonexhaustive list. Other publications will be mentioned in seminar readings lists.
Big Media and Internet Titans - Ed.Williams Pub.2014 Campaign for Press
and Broadcasting Freedom. Useful new text about media ownership and
influence.
Cohen – You Can’t Read this Book 4th Estate 2012 – A polemic against
different aspects of censorship. Very readable but beware! – The author does
what he accuses others of doing – he conveniently misses out some details
that might work against his argument. Don’t be deterred though – this book
certainly gets you thinking.
Tweed – Privacy & Libel Law Bloomsbury Professional 2012 – If you
read Cohen then you must read this one as well. Tweed is a practising lawyer.
He takes a different stance on some issues and again it’s a good read.
The Phone Hacking Scandal – Journalism on Trial – Ed. Keeble and Mair
Abramis 2012 – A collection of writing on different aspects of the hacking
story. Worth looking at – so many opinions and views.
Fielden – Regulating for Trust in Journalism – Reuters Institute 2011
Only short but considers various options and views on this very current topic.
Gibbons (Ed.) – Free Speech in the New Media – Ashgate 2011
A selection of essays.
Heather Brooke Your Right to Know Pluto Press 2007 2nd Ed
Dictionary of Media and Communication OUP 2011
Wacks Privacy: A Very Short Introduction OUP 2010
O’Hara & Shadbolt The Spy in the Coffee Machine Oneworld Publications
2008
Clayton & Tomlinson Privacy & Freedom of Expression OUP 2001
J.Rozenberg
J.Rosen
Privacy & the Press
The Unwanted Gaze
Matrix Chambers
OUP 2004
Random House 2000
Privacy & the Media: The Developing Law 2002
Feintuck & Varney Media Regulation, Public Interest & the Law Edinburgh
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University Press 2nd Ed pub 2006
Curran & Seaton Power Without Responsibility: The Press & Broadcasting in
Britain 5th Ed. Routledge 1997
Brenda Dean
2007
Hot Mettle: Sogat, Murdoch & Me Politico’s Publishing Ltd
Andrew Marr
My Trade Pan 2004
Piers Morgan The Insider Ebury Press 2005
Ben Wilson The Laughter of Triumph Faber 2006
John Durham Peters Courting the Abyss
University of Chicago Press
Edwards & Cromwell Guardians of Power: The Myth of the Liberal Media
Pluto Press 2006
Ian Loveland Political Libels Hart 2000
Barendt et al Libel and the Media: The Chilling Effect OUP 1997
Ed: Appignanesi
Free Expression is No Offence Penguin 2005
Chomsky Media Control 2nd Edition
Jowett & O’Donnell
Publications
Seven Stories Press
Propaganda and Persuasion 4th Edition Sage
Knightley The First Casualty Andre Deutsch 2003
Carruthers The Media At War Palgrave Macmillan 2000
Petley Censorship Oneworld Publications 2009
Atkins & Mintcheva Censoring Culture The New Press 2006
Sandberg Law and Religion Cambridge University Press 2011
Ethics in Practice Ed. La Follette Blackwell 3rd Ed 2007
Kate Adie The Kindness of Strangers
Martha Gellhorn The Face of War Granta Paperback 1st pub 1959
The View from the Ground Granta paperback 1st pub 1989
Alex Kershaw Blood & Champagne The Life & Times of Robert Capa Pan
2002
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Vasily Grossman A Writer at War (Trans. Beevor & Vinogradova) Pimlico
2005
Moorcraft & Taylor Shooting the Messenger: The Political Impact of War
Reporting 2008 Potomac Books Inc.
Goldsmith & Wu Who Controls the Internet? OUP 2006
Thomas, Carlton & Etienne Theatre Censorship From Walpole to Wilson
OUP 2007
Aldgate & Robertson Censorship in Theatre and Cinema Edinburgh
University Press 2005
Dewe Mathews Censored: The Story of Film Censorship in Britain Chatto &
Windus 1994 ( Although this is older than the other texts it is still useful due to
its detail and historical background)
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