This is an archived handbook for a previous year. The current undergraduate and postgraduate handbooks can be viewed using the links above.
Postgraduate Handbook 2007-2008 (archived)
Module LAW54130: Media Freedom under the Human Rights Act
Department: Law
LAW54130: Media Freedom under the Human Rights Act
| Type | Level | Credits | Availability | Module Cap | Location |
|---|---|---|---|---|---|
| Open | 4 | 30 | Available in 2007/2008 | Durham |
Pre-requisites
- None
Corequisites
- None
Excluded Combinations
- None
Aims
- to provide an in-depth study of certain aspects of the law governing media freedom in the UK in relation to the media freedom jurisprudence developed under the European Convention on Human Rights and, to a lesser extent, in other comparable jurisdictions.
Content
- Free Speech theories: the intention is to examine critically the main free speech theories and their implications for the rights and responsibilities of the media;
- consideration of the Human Rights Act and its particular application to the media;
- consideration of the Strasbourg jurisprudence applied domestically, including assessment of the underlying principles; differentials in terms of speech protection (political/artistic/commercial speech); comparisons; English common law; Germany, Canada, USA (especially the latter), ICCPR;
- Contempt of Court: theoretical approaches; the Strasbourg approach; comparisons with the US and Canadian approaches;
- Restraining Freedom of Expression on the grounds of offensiveness and of protecting morality; Blasphemy, Seditious Libel, Hate speech;
- Censorship, Licensing and Regulation of the Visual Media;
- privacy-asserting rights against the media;
- conclusions and future directions under the Human Rights Act: overall evaluation of current and prospective legal trends.
Learning Outcomes
Subject-specific Knowledge
Subject-specific Skills
Key Skills
Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module
- Through an in-depth knowledge of the relevant domestic and Convention provisions and jurisprudence in the context of comparative material.
- By allowing students to develop a critical understanding of the theories underpinning media freedom and of their recognition within the provisions and jurisprudence studied.
Teaching Methods and Learning Hours
| Activity | Number | Frequency | Duration | Total Hours | Attendance Monitored |
|---|---|---|---|---|---|
| Seminars | 15 | Weekly with a few reading weeks. | 2 | 30 | |
| Preparation and Reading | 270 | ||||
| Total | 300 |
Summative Assessment
| Component | Component Weighting | Element | Length/Duration | Element Weighting | Resit Opportunity |
|---|---|---|---|---|---|
| Unseen written examination | 100% | Unseen written examination. | 3 hour | 100% |
Formative Assessment
Two assignments of approximately 2,000 words each in Michaelmas Term and Epiphany Term.
Students who do not attend monitored activities shown under Teaching Methods
and Learning Hours, or who fail to complete the summative or formative
assessment(s) specified above, may be subject to the Academic Progress
procedures defined in the University's General Regulation V, and may be
required to leave the University.