UNSW LAW : LAWS3040 - Internet Content Regulation

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LLM Specialisation

This course may be counted towards LLM specialisation in Media, Communications and Information Technology Law.

Units of Credit: 8

Description

This course examines how and to what extent law (and other sources of regulation) controls the content of online communications. Approximately half the course is devoted to content control by intellectual property laws, and half examines other laws (such as defamation, tort and specific regulation of online content) which impose liability for or otherwise control supposedly harmful content.

Information for Current UNSW Law Students

Course Outline

Objectives

Following the study of each topic, students should:

Have a functioning knowledge of the relevant laws regulating online content, both in Australia and in an international context
Be able to identify, interpret and apply the relevant laws
Be able to discuss conceptual and practical difficulties that may arise in the application of laws in an online context
Be able to identify the need and potential for further law reform
Have a functioning knowledge of the relevant technologies and policies and their interaction with the law in the context of the regulation of online content

Main Topics

The course attempts to undertake a brief review of the context of the particular topic (for example, the foundations of copyright, defamation etc), and then proceed to identify and examine those areas of the topic where online content provides a particular or novel challenge. These areas will then be considered and discussed in detail, focussing on theoretical analyses, policy directions, statutory materials and decided cases. Most topic areas will be treated in a comparative fashion, considering not only the laws in force in Australia, but also the international context in the area as well as developments in other major jurisdictions (in particular the US and the UK). A comparative approach in the assessments (in particular the research essay) is also encouraged.

Common themes running through the course include:

What unique features of the Internet create the need for new regulatory approaches?
Will a particular regulatory approach achieve its objectives?
What are the advantages/disadvantages of state-based v non-state-based regulatory strategies?
What common regulatory strategies are being used, such as imposing liability on intermediaries?
How do international agreements and the influence of other major jurisdictions (in particular the US) shape Australian laws?