Title: Final take-home exam
Type: Test or quiz
Learning Outcomes Assessed: 1, 2, 3, 4
Marked out of: 100
Students will be presented with a fictitious scenario which will be released for viewing at noon
on Friday at the end of Week 12 (Module 5) and must be submitted via Turnitin by the end of
that weekend (midnight that Sunday AEST).
The scenario will be presented in a similar way to the earlier learning problems encountered in
the course but it will test several of the media law topics students have encountered in a single
problem-based learning situation. The assignment requires students to identify the main media
law problems arising in the scenario and to explain their preferred course of action to navigate
the legal dilemmas, justifying their responses by reference to other examples, cases and
legislation where relevant.
As with the module-based learning problems, you will need to answer these questions as they
apply to the scenario presented to you:
a. What are the main media law issues that arise in this scenario?
b. Explain briefly how those laws and possible defences might apply.
c. What cases / examples / legislation are relevant to this situation?
d. Assuming your goal is to try to publish as much of the material as is legally allowable, what
course of action would you recommend for the journalist or publisher in this situation and why?
For help with your take home exam revision, please see the Exam Revision forum on the
Discussion Board section of the site from the start of Module 5.
Your final attempt will be submitted using Turnitin. You are advised to do this several hours in
advance of deadline to avoid last minute technical glitches.
The 1500 word limit will be STRICTLY ENFORCED, with 20% deductions applying to submissions
exceeding the word limit by more than 200 words.
[ There will also be a 20 question multiple choice test which will be available for completion
online during that week during a time window to be announced (See separate assessment
Criteria & Marking:
Media Law Assessment Criteria – Take Home examination
• Legal principles are relevant, accurate, and up to date
• Case examples are relevant & used effectively to illustrate a point
• Relevant/responds to the topic
• Logical argument
• Minimum of three sources
• Course readings
• Independent Research
• Outline evident
• Structure appropriate to selected genre
• Quote selection
• Spelling, punctuation, sentence structure, apostrophes
• Accuracy of names
• Within word limit
• Double line spacing, 12pt
• Formal, third person, academic style of language.
• Exam-style referencing acceptable (ie, indicative rather than forensic).
• [Have you completed the student Academic Integrity tutorial at
integrity-tutorial _______ ]
• Quotes in quote marks and accurate
• Paraphrasing acceptable
• Secondary sources if required
• All sources disclosed
Submission: This take-home exam submission must be submitted via Turnitin before midnight
on the Sunday evening after Module 5 (Week 12). It is recommended you submit much earlier
to avoid technical glitches and so you can use Turnitin effectively.
This assessment item:
is a school based activity
is an individual activity
does not include a self assessment activity
Media Law – Celebrity Whispers
There are a number of issues that arise in this case. These issues include:
i. To what extent can published content be considered defamatory?
ii. Can a published be held responsible for publication by a third party on its platform?
iii. Which defenses can be used in this case?
An evidence of defamation will not just be admitted in court because it is presented in
court. It has to undergo a rigorous test to pass the test of defamation. 1 In the case of New South
Wales Aboriginal Land Council v Perkins (1998), the court showed that evidence presented for
defamation must undergo a rigorous consideration to rule whether the alleged imputation was
just a comment. 2 It is difficult to determine just on value of the evident presented without
carrying our major consideration. In this case, the issue of defamation against Celebrity Whispers
need to undergo rigorous consideration to judge whether it was really defamation. There are
different factors that the court should consider.