Graduate Diploma in Communications Law

Historically a computer was “programmed” by a human utilising a precise set of instructions. Within this paradigm the computer was able to “process” information “fed” to it and produce a particular output based on such programming and information.

The human input was clear and transparent. As artificial intelligence (AI) has evolved in concert with the internet, cloud computing, big data gathering, data storage and data processing capabilities and the ubiquitous uptake of interactive smartphones and other “smart” devices, the relationship between the computer and direct and immediate human stewardship or control of outputs has become less readily identifiable. In turn this has given rise to significant legal issues.

There are substantial legal implications of AI which require ongoing, flexible and informed responses from lawyers and legal policy makers. This subject seeks to inform practicing lawyers, legal policy makers and non-lawyers in respect of those issues and how they might be dealt with.

Indicative list of principal topics:

• Introduction to AI. What is AI? Where is AI headed?
• The legal issues raised by AI
• The ethical issues raised by AI and particular applications of AI
• Overview of current AI legal reviews underway in the USA, EU and UK and Australia’s response to these reviews
• Intellectual property issues raised by AI
• Criminal liability in respect of AI
• Civil legal liability – examination of who is (or should be) responsible/liable for AI caused loss and harm.
• Mandatory insurance schemes for loss or damage caused by autonomous robots or AI
• The legal regimes governing use of AI in security, law enforcement and military contexts
• Privacy and confidentiality implications of AI

View detailed information in the Handbook

Digital markets are affecting many aspects of our lives, transforming products, services, terms of trade, and even employment markets. The rising importance of big data, algorithmic decision-making, and online platforms create complex regulatory challenges for ensuring that the digital markets increase welfare. Competition law has an important role to play in this digital eco-system. Accordingly, this subject explores the complex challenges that digital markets pose to competition law. To do so, this subject will first analyse the unique characteristics of the digital environment and how they affect market dynamics. It will then analyse the main challenges to competition law, including coordination through algorithmic interactions, market power based on big data, abusive conduct by platforms and intermediaries, and defining markets and market power in digital eco-systems. It will also explore the intersection between competition, consumer protection and privacy, which is raising important institutional questions for the allocation and coordination of regulatory responses. This subject will explore global developments in this complex and fast-moving field. Drawing on the latest literature and major cases and inquiries, it will equip students to critically engage with and meet the challenges posed for business and its advisors and for policymakers, regulators and law enforcers in digital markets.

This subject is led by two of the world’s competition law experts, with particular expertise in the regulation of digital markets.

indicative list of principal topics:

• Analysing the special characteristics of digital markets and the unique market dynamics they create, including:
• Defining Big Data
• Analysing the dynamics of Big Data markets, including entry barriers and network effects
• Exploring advancements in algorithmic decision-making, including machine learning and deep learning
• Debating the competitive significance of algorithmic decision-making based on Big Data
• Exploring the role of digital intermediaries, including platforms, in the digital eco-system
• Analysing the unique challenges that digital markets pose to competition law enforcement, including:
• Increased coordination through algorithmic interactions
• Market power based on big data
• Abusive conduct by platforms and intermediaries
• Defining markets and market power in digital eco-systems
• Big Data and merger review
• Challenges created by the bundling of different products and services in the digital eco-system
• Analysing the intersection between competition, consumer protection and privacy

View detailed information in the Handbook

The subject explores this Australian intellectual property regime in predominantly black-letter terms. It asks students to consider the doctrinal issues implicated by the various aspects of copyright law: subsistence, ownership, infringement, exceptions to infringement and remedies. Also integrated with the curriculum are moral and performers' rights, and the treatment of internet service provider liability as an intermediary between copyright owner and infringer. The subject is structured within an international framework, explaining the importance of treaty norms and with selective use of comparative law.

Indicative list of principal topics:

• The evolution and theory of the national and international copyright system
• The material protected by copyright
• The duration of protection
• The rights granted by copyright
• Infringement of copyright, including defences and available remedies
• Ownership, licensing and assignment of copyright
• Moral rights and their infringement
• Copyright law in international perspective.

This subject will be delivered via a 'flipped classroom' model. The substantive content delivery will occur largely outside the classroom, with videos and notes provided to students via Canvas modules. Class hours will be spent applying and debating these principles (and related policy) in order to develop higher level cognitive, problem-solving, advocacy and reasoning skills.

View detailed information in the Handbook

Whilst the High Court has recognised and applied an implied constitutional guarantee of freedom of governmental and political communication, speech on matters of public interest in Australia remains subject to a wide range of legal limitations, many of which would be struck down as unconstitutional in other common law jurisdictions. This subject explores the limitations on free speech that arise as a result of proceedings and processes initiated by arms of the state and prosecutorial authorities: legislative, executive and judicial, and from censorship of sexually-explicit material to restrictions applying to the advocacy of terrorism. Those restrictions profoundly affect the material that may be published by the media. It is the impact of the current restrictions on free speech on both the media and on non-media elements of civil society that are the focus of this subject. Taken individually and collectively, these regimes limit the access of Australians to speech that matters.

This subject provides an examination of Australian law affecting the media’s ability to report the courts, the executive and parliament.

View detailed information in the Handbook

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Indicative list of principal topics:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

View detailed information in the Handbook

This subject examines legal aspects of entertainment, an industry that has become largely internationalised. Technology now allows even local performers and distributors to reach audiences around the world, raising important issues and questions about which law applies in which jurisdictions. While some of these legal issues can be addressed in advance through agreements, doing so requires lawyers to have a firm grasp of the legal options available across multiple legal systems.

Consider the performer Rosé, born in New Zealand and raised in Australia. She is a member of the globally active K-Pop group Blackpink based in South Korea. As a group member and a solo artist, she operates across a range of legal environments and activities. Her legal team, and the lawyers for those with whom she works, must navigate complex international choice-of-law questions.

This subject pays particular attention to the United States, given its significant influence on global entertainment practices, while also examining questions of law in Australia and other jurisdictions. Case studies and examples are drawn from the fields of music, book publishing, visual and performing arts, and the various digital and physical media through which artistic content is distributed.

A central theme will be the relationship between artistry and industry – how creative expression is supported, shaped, and constrained by commercial imperatives. Entertainment lawyers typically represent either the artists or the business interests behind their work. The two sides’ short-term goals may differ, but they share the ultimate goal of bringing creative works to audiences while generating enough revenue to sustain the process.

Indicative list of principal topics:

• Distinction between the artistic entity (example: a band) and the legal entity (example: a partnership)
• Stakeholders inside and outside the industry, including fans
• Intellectual property and misappropriations: copyright and neighboring rights, moral rights, trademark rights, publicity rights, passing off, trade secret protection, and unfair competition
• Contracting in the entertainment industry such as licensing, joint ventures, publishing, concert touring, and character merchandising
• Technological developments, especially those involving digitalization and online platforms
• Jurisdictional questions and choice-of-law issues
• Privacy and publicity: what’s the difference? Do all countries treat them the same?

View detailed information in the Handbook

Fundamentals of Intellectual Property provides a good introduction to intellectual property (IP) for students wishing to pursue more specialised graduate studies in this area. It also provides a general overview of IP law for students studying an overall commercial and trade law program.

The objective of this subject is to provide an introduction to, and general overview of, the various Australian laws protecting IP, with reference to New Zealand IP laws. IP laws, including patent, design and copyright laws, are directed at the encouragement and protection of innovations in science, technology and cultural goods. IP laws, like trade mark and unfair competition laws also protect brands, reputations and other important commercial interests. The subject will also introduce the international framework of treaties under which the owners of IP from one country can seek protection in another country.

The subject will be taught by:

• four ‘pre-teaching’ weeks conducted online (outside the classroom)
• one-week intensive conducted on-campus (in the classroom)

This subject is delivered using a ‘flipped classroom’ approach. You will spend the pre-teaching period studying readings and viewings provided via Canvas modules to learn the key principles and policies. Then, in the on-campus seminars, we will discuss, debate, and apply these principles and policies to cultivate higher level cognitive, problem-solving, advocacy, and reasoning skills.

Indicative list of principal topics:

• The concept of IP
• Rationales for IP laws
• Copyright, including protection and infringement
• Registered designs, including protection and infringement
• Trade marks and related laws, including protection and infringement
• Patents, including protection and infringement
• Protection of confidential information and trade secrets under general law
• Traditional knowledge
• International IP treaties

View detailed information in the Handbook

Information technology is critical to almost all modern organisations and processes. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. Both lecturers are information technology lawyers who have had extensive practical experience acting for both providers and purchasers of such products and services.

Indicative list of principal topics:

• Overview of information technology and the Australian information technology development industry
• Alternate dispute resolution of information technology disputes
• Roles and relationships of the various parties to information technology agreements
• Copyright protection afforded to technology products and services, including online products and services
• Open source licensing arrangements
• Patent protection afforded to information technology products and services
• Employees and contractor rights and obligations in the context of the creation and development of information technology
• Software creation, development and exploitation
• Cloud services: risks and liability
• Database and content management issues
• Privacy issues associated with the development and use of information technology goods and services
• Risk allocation and management of information technology contracts (including insurance and escrow arrangements).

View detailed information in the Handbook

A free and independent press is a core component of any healthy democracy. National security too is critically important: it ensures the continued existence of the state and safety of its people. Over the course of the 21^st century, however, the relationship between press freedom and national security has been placed under increasing strain. This is certainly the case in Australia, where more counter-terrorism laws have been enacted than anywhere else in the world, and we remain the only liberal democracy lacking codified national protection for free expression or, relatedly, press freedom. In Australia and elsewhere, governments face the challenge of protecting national security without unduly encroaching on free speech, press freedom and other basic rights and liberties.

This course explores these challenges through a public law lens. By breaking down the nature and importance of press freedom (and related rights, liberties and democratic values) and national security, and understanding the processes and frameworks around each, this course equips students with the intellectual and research tools to critique the effectiveness and impacts of national security law and policy, and to advance arguments for and against reform.

Core themes of central importance in the modern national security and media environments emerge for discussion and debate.

Indicative list of principal topics:

• Who is the ‘press’? What is its role in a democracy, and what does press ‘freedom’ require?

• How far should governments go in protecting national security?

• How might basic values like free speech and public accountability be threatened and preserved in the national security context?

• To what extent does security require secrecy? Who should be responsible for determining what information ought to remain secret, and on what basis?

• Does the press have an oversight role to play in respect of national security agencies, actors and actions?

• How have, and should, governments respond to complex issues, including:

  • The publication of leaked security-classified information;
  • Public sector (including intelligence) whistleblowers;
  • Criminal prosecutions based on sensitive national security information;
  • Widespread use of encryption technologies (including by criminals and journalists), and;
  • The prospect of journalism-based defences to national security offences; and
  • The democratic need for government secrecy and accountability.

Course content focuses on Australia, though will also be given to developments in a global context, including for the major research essay.

View detailed information in the Handbook

The internet has given rise to new modes of communication. Services such as Netflix, Facebook and Google pose significant challenges for traditional models of communications regulation. At present, traditional media are arguably among the most heavily regulated sectors of the Australian economy, yet new media services go largely unregulated. This subject examines the conflict between traditional regulation of old and new media. Australia’s current regulatory arrangements arose in the 1990s and reflect the structure of the electronic communications industries at that time – focusing on the separate and highly prescriptive regulation of broadcasting and telecommunications. The current regulatory framework is fragmented and complex, and covers not only technical issues but also sector-specific competition, content and ownership rules. Since the 1990s, however, the communications environment in Australia has undergone a period of rapid and profound change. The emergence and ubiquitous adoption of the internet as a mass communications system has provided new opportunities for Australian publishers and audiences by dismantling traditional technological, economic and regulatory barriers to entry. From national security to sport, this revolution in communications has profound policy issues for national regulation in a global communications environment.

Indicative list of principal topics:

• What is communications law? (including different regulatory approaches)
• Regulation of communications services, including radio, television and internet services
• Australian content rules
• Control and ownership of broadcasting and communications enterprises
• Pay TV and the anti-siphoning regime
• Competition in telecommunications (including regulation of anti-competitive practices, NBNCo and the structural separation of Telstra)
• Interconnection law and policy
• Spectrum allocation (including licensing and spectrum auctions)
• Consumer protection issues
• Regulation of internet content
• Regulation of new services and technologies, including convergence of media and Australian content requirements.

View detailed information in the Handbook

The world's first feature-length film was thought to have been produced in Australia in 1906. The Story of the Kelly Gang told the story of Australia's most infamous bushrangers and received distribution in Britain and New Zealand as well as in Australia. From 1906 onwards, Australian films and television programs such as Picnic at Hanging Rock, The Castle, Shine and The Sullivans have helped to define the particular cultural identity of Australians. This subject explores the issues associated with the production, financing and distribution of such films and television programs, with particular reference to feature films and sport and drama television programming (including online programs of a similar episodic structure and duration expected by television audiences, but which are distributed by online streaming). The distribution of films and television programs has been radically re-shaped since the early 1990s with the development of the Internet and the advent of online streaming. Online streaming has raised both opportunities and challenges for producers of films and television programs and has increased the complexities of the commercial and legal issues which must be addressed in the context of the production, financing and distribution of audio-visual material.

The lecturers in the subject have worked as in-house counsel at an Australian television network, and in private practice acting for independent producers,adding to the practical relevance of the subject.

Indicative list of principal topics:

• Introduction to the changing landscape of the film and television industries in Australia and internationally
• Copyright clearance issues
• Moral rights
• Breach of confidence and privacy
• Sport on television
• Film financing, production and distribution
• Australian content regulation and the production of drama programming
• Production and broadcast of advertising on television
• Use of musical works and sound recordings in film and television programming
• Distribution and merchandising of film and television programming
• Employment and contractual arrangements for film and television personalities
• Copyright and other rights in television formats.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

Privacy has been valued for centuries but now there is a resurgent interest in its protection as a result of new technologies, changing social norms and a rise of markets focused on the commodity value of information. Overlapping with the resurgent interest in privacy is a related concern about the management of data flows, especially on the part of government agencies and business organisations. The legal frameworks that deal with privacy and data protection have a long history but are coming under pressure to adapt to a more complex modern environment.

In this subject, you will pay particular attention to the scope and nature of privacy protection as well as appropriate limits and exceptions, the ongoing pressures for law reform, and the practical operation of privacy and data protection laws in Australia and comparable jurisdictions.

Indicative list of principal topics:

• What is privacy?
• Conceptual and legal definitional issues
• International and comparative privacy and data protection regimes
• Protection of privacy in general law in Australia and comparable jurisdictions
• The Privacy Act 1988 (Cth): regulation of personal information held by the private and public sectors
• State/territory (especially Victorian) legislative regimes for the regulation of personal information
• Current topics in privacy law such as privacy and the media, privacy and health information, online privacy, telecommunications and surveillance privacy
• Current reform inquiries and proposals and likely reforms.

View detailed information in the Handbook

Online platforms are under increasing amounts of scrutiny, with states increasingly seeking to regulate the digital sphere. Online harms are a key target of these legislative interventions and pose unique challenges in the regulation of online content. Campaigns of disinformation and manipulation have plagued democratic elections, instances of ‘fake news’ have caused harm to public health, charities and governments alike have struggled to deal with the increase in online violence and abuse, and technologies pose new methods for bullying and harassment.

However, regulating harmful content online is not a straightforward task. The global nature of the internet, the relative dominance of platforms, the volumes of content posted, and the complex and disparate nature of the different types of harm has made it difficult to develop effective regulatory frameworks. Regulatory approaches must be balanced against fundamental rights such as the right to freedom of expression and other policy interests, such as promoting competition and protecting data privacy.

This subject will enable you to develop a critical understanding of the framework of laws regulating online harms, considering legal, policy, social, and ethical interventions. The subject will look at several overseas jurisdictions to assess wider patterns in online harms regulation and consider future developments, both in Australia and around the globe.

Indicative list of principal topics:

• The development of online harms regulatory frameworks in jurisdictions including Australia, the UK, EU, USA, and Singapore.

• The responsibilities of private actors in the regulation of online harm.

• Key techniques which are mobilised to address harmful and illegal content, including content moderation and the use of algorithmic recommender systems.

• Challenges to the regulation of online harms presented by technologies such as encryption and age verification.

• How the law distinguishes between illegal and harmful content.

• How breaches of online harms regulation are enforced and what sanctions may result.

View detailed information in the Handbook