Media Laws and EthicsYou will need to choose one from the 9 questions
Media Law & Ethics University of Sydney MECO 3603 Media Law and Ethics Semester 1 2019 Lecture & Reading Guide V1.3MECO 3603 Media Law and Ethics Semester 1 2020 Week 1: Introduction and Course Overview2 Week 2: Discourse Ethics, Forms of Judgement and Deliberation: Virtue & Duty Ethics3 Week 3: Diversity & Limits of Utilitarian Theories of the Press4 Week 4: The Public Interest - Principles in Practice5 Week 5: Responsibility & Accountability6 Week 6: Codes of Ethics & Codes of Practice8 Week 7: Legal Literacy for Media & Communications Students10 Week 8: Privacy & other limits on information gathering11 Mid-Semester Break 13 April – 19 April 202012 Week 9:Defamation12 Week 10 – Vilification, Terrorism, Obscenity; Taste/Decency13 Week 11: Copyright (+Moral Rights; Satire & Parody)14 Week 12: Commercial Media Cultures / Objectivity15 Week 13: The Future or Media Law and Ethics?17 A Note about the Readings: This Lecture & Reading Guide provides an overview of some of the key issues in each lecture, as well as setting out Reading material for this Unit. Required Readings can be found in the textbook, Pearson and Polden (2019) Journalists Guide to Media Law 6th ed. Allen & Unwin, (page numbers for e-Text are in italics) and in links in the Guide or the eReserve (eR) in Fisher. Earlier editions of the textbook are not worth buying as the book has been substantially re-written for 2019. Please complete the Required Readings each week before the lecture. Supplementary Readings are made available each week for you to pursue different areas of interest either in your assessment tasks or in your own independent learning. As the semester progresses, you may wish to revisit readings from earlier weeks. In addition, powerpoints may have additional links to current material of interest. Twitter @MediaLawEthics has numerous current media examples linked to this Unit. Issues for consideration each week are designed to help you focus your reading and prepare for the week’s lecture. Some weeks have a “Basics” framework (on Canvas in the Lecture Module) with a summary of key points. Additional topical readings may be added each week to supplement areas of interest and current issues under consideration. The Useful Web Links document (on Canvas) provides resources for further study. Please be aware that many of the media stories and issues we cover raise issues about publishing topics that involve sex/obscenity, violence, and other themes that can be challenging for some people. Please speak with your lecturer or tutor if you have any concerns at any time. Week 1: Introduction and Course Overview This lecture provides a broad overview of the unit, including content covered, assignment details, teaching methods as well as what is expected from students. Core themes and concepts are introduced with context for debates around Media, Law and Ethics in Australia. Tutorials start Week 2. Come to class prepared to identify some of the critical legal and ethical issues facing the media and media practitioners. Find some examples from a variety of media that you engage with. This is a good week to get on top of initial readings and explore the ideas and materials covered in this course. There are no tutorials this week. Required Readings: · Pearson, M & Polden, M (2019), The Journalist's Guide to Media Law, 6th ed, Sydney: Allen & Unwin, pp3-23; 28-51. [e-text: pp 19-29; 33-46] Class discussion: Depending on class time we will briefly look at several studies to start building our skills in identifying legal and ethical issues. If you are unfamiliar with these stories, you can have a quick look at them and start considering what legal and ethical questions arise and what approaches can be taken to analyse them? We will refer back to them in later lectures and compare different ethical and legal issue that arise in them. Case Study 1: 60 Minutes Kidnapping Saga: When does journalism cross the line of law and/or ethics? https://www.youtube.com/watch?v=Ilu6PmCZaFA Mackenzie-Murray, M. 60 Minutes Crew Released in Beirut, The Saturday Paper, 23 April 2016 https://www.thesaturdaypaper.com.au/news/media/2016/04/23/60-minutes-crew-released-beirut/14613336003152 The Conversation: No broadcasting standards, no investigation https://theconversation.com/the-scandal-of-60-minutes-no-broadcasting-standards-no-investigation-60109 Case Study 2: Daily Telegraph/Barnaby Joyce: Is the Barnaby Joyce story ‘in the public interest’? Grattan M (2018) https://theconversation.com/grattan-on-friday-is-barnabys-baby-a-matter-of-public-interest-or-just-of-interest-to-the-public-91507 Muller D (2018) https://theconversation.com/welcome-to-the-new-old-moralism-how-the-medias-coverage-of-the-joyce-affair-harks-back-to-the-1950s-91919 Thompson J (2018) https://newmatilda.com/2018/02/24/barnaby-joyce-fair-game-still-needs-privacy-line-dont-cross/?utm_campaign=shareaholic&utm_medium=twitter&utm_source=socialnetwork Supplementary Material · Simmons (2017) Does journalism still matte, The Guardianr https://www.theguardian.com/media/2017/may/29/trump-fake-news-and-shrinking-newsrooms-does-journalism-still-matter-in-2017 · Viner, K (2017) In turbulent times, we need journalism more than ever, The Guardian https://www.theguardian.com/media/2017/nov/16/katharine-viner-we-need-public-interest-journalism-in-turbulent-digital-age · Leigh Sales discusses Journalism in the Social Media Age: Role of Journalists: http://vimeo.com/channels/76763/8435689 · Kate McClymont’s The the journalist’s legal & ethical minefield, http://www.abc.net.au/local/stories/2014/10/31/4118651.htm · Muller, Denis (2012), ‘Why journalists are mistrusted and what can be done about it’, in Matthew Ricketson (ed.), Australian Journalism Today. South Yarra: Palgrave Macmillan, pp. 94-110. This is a useful article giving you a broad overview of the regulatory framework and some of the key questions we look at in this course. eR Week 2: Discourse Ethics, Forms of Judgement and Deliberation: Virtue & Duty Ethics This week we begin our discussion of ethical reasoning and models for decision-making by examining different ethical philosophies. These can be useful when media practitioners face ethical dilemmas or when placed in an ethically compromising position. We explore the relationship between deliberation and judgement. Our discussion of legal and ethical forms of reasoning will contribute to your basic legal literacy and capacity to draw on ethical theories, as well as highlight situations in which ethics might be a special issue in relation to media practice. Focus questions for the week include: · Explain what of Eudaimonia, Phronesis, and the Golden Mean entail for ethical reasoning. Is Aristotle relevant today, how does he assist in our deliberation & judgement of some of the grey areas of media practice? · If our ethical expectations informed by the ‘role’ of the actor, what is the ‘role’ of media and media practitioners (consider some of the supplementary readings from week1)? · What is Kant’s ‘the Categorical Imperative’? · How can we apply the ‘humanity principle’ to media practice? · What are the challenges or limitations posed by Teleological and Deontological ethics? · Compare your assessment of our week 1 case studies using Virtue and Duty ethics. Required Reading: · Sanders, Karen (2003), Ethics & Journalism [excerpt], London, Sage, pp. 14-16, 18-20(eR) · Elliott, Deni (2005), ‘Cases and moral Systems: An essay’, in Philip Patterson and Lee Wilkins (eds.), Media Ethics: Issues and Cases, 5th Ed., Boston, McGraw Hill, pp. 18–19. (eR copy on Canvas) · Aristotle, The Nichomachean Ethics, Thomson, JAK, 2004 (Transl) London, Penguin Books (e-readings & Fisher reserve) · Kant, E. (1909) Of the Metaphysical Morals’ Kant’s critique of Practical Reason, 6th Ed Kinsmill T (transl) London Longmans Green & Co (eR) · Table of Virtues & List of Duties – available in Module Week 2 on Canvas. Supplementary Material · Dwyer, T. Chapter 2012 Legal and Ethical Issues in the Media, pp1-21 (eR on Canvas) · Black, J. 2008, An informal Agenda for Media Ethicists, Journal of Mass Media Ethics, 23, 1, 25-35 (eR on Canvas) · Cohen, Stephen (2004), The Nature of Moral Reasoning, Oxford, Oxford UP, pp. 57–72. (Fisher reserve) Week 3: Diversity & Limits of Utilitarian Theories of the Press This week our comment piece/presentation roster commences. Ensure you have read the comment pieces on Canvas Discussion in your tutorial group; come prepared to discuss them. Presentations are a key learning tool for the whole class, not just the individual students’ assessment task. Together with virtue and duty ethics, consequentialism or utilitarianism (promoted by Mill) forms a major perspective in ethical debates. But consequentialism, utilitarianism and libertarian theories have limits. We contrast some of the liberal assumptions of utilitarianism with social responsibility theory and other forms of ethical decision-making. We also look at the challenges of relativism and pluralism and post-modern responses to ethics. Questions to consider in your reading: · How does Mill define ‘happiness’? Does this differ from Aristotle and Kant? Whose ‘happiness’ is relevant? · How do we reconcile accepting the majority view while protecting the minority? · What is the difference between Act Utilitarianism and Rule Utilitarianism? · What are some of the limitations or challenges to Utilitarianism as an ethical framework? · What are the ethical implications of using deception or ambush in investigative newsgathering? Do the ends always justify the means? · If responsibility means being held to account for consequences (intended or actual)? · Can Foucault’s views on truth & the development of ethical ‘self’ assist practitioners? · Can the Potter Box provide different answers to the same ethical dilemma? · Can relativism and pluralism provide useful ethical perspectives? Required Reading: · Graham, Gordon (2004), ‘Utilitarianism’, Eight Theories of Ethics [excerpt], London, Routledge, 128–149 (eR on Canvas) · Mill, John Stuart (1976), ‘Utilitarianism’, John Stuart Mill on Politics and Society, ed. Geraint L. Williams, New York, International Publication Service, pp. 116–142. (eR) · Foucault, M. (2000), ‘On the genealogy of ethics: An overview of work in progress’ [excerpt], in Michel Foucault, Ethics: Subjectivity and Truth, Paul Rabinow (ed.), London, Penguin Books, pp. 253-271. (eR) · Christians, Clifford G., et al. (2005) (eds.), ‘Ethical foundations and perspectives’, Media Ethics: Cases and Moral Reasoning, 7th Ed., Boston, pp. 1–11, 22–25. (eR) (NB: 2017 10th edition e-book has been ordered by the library.) Supplementary Reading: · Deni, Elliot, (2007) ‘Getting Mill Right’, Journal of Mass Media Ethics: Exploring Questions of Media Morality, 22:2-3, 100-112, (on Canvas) · Rawls (1971) ATheory of Justice, Harvard University Press Chapter 1 (on Canvas) · Swain, Kristie Alley 1994 ‘Beyond the Potter Box: A decision model based on Moral Development Theory’, Paper presented to Media Ethics Division of the Association for Education in Journalism and Mass Communication (AEJMC) http://www.academia.edu/2766204/Beyond_the_Potter_Box_A_Decision_Model_Based_on_Moral_Development_Theory · The Ethics Centre http://www.ethics.org.au/category/articles-subjects/media-journalism · Velasquez, M, Moberg et al 1988, 'A Framework for thinking ethically,' Markula Center for Applied Ethics, Santa Clara University http://www.scu.edu/ethics/practicing/decision/framework.html · Bivens, Tom Mixed Media: Moral Distinctions in Advertising, Public Relations, and Journalism http://www.tandfebooks.com/doi/abs/10.4324/9780203874882?isOnline=true · Klaidman, S and Beauchamp, T L 1987, The Virtuous Journalist, New York: Oxford University Press. (Fisher Reserve) · Ward, S. 2010, Global Journalism Ethics McGill- Queen’s University Press. 296 http://ethics.journalism.wisc.edu/resources/global-media-ethics/ · Stanford Encyclopaedia of Philosophy http://plato.stanford.edu/ http://www.ethics.org.au/about-ethics/ethics-centre-articles/ethics-subjects/journalism-and-media/article-0134.html Week 4: The Public Interest - Principles in Practice The ‘public interest’ forms a key mediating concept in media