Media Law 2513LHS – The Scathing Review | The Moreton Island Murder | The Scathing Review

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Learning Problem 2: the Moreton Island murder

 

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You are the Online News Editor for a news website based in Queensland. The following item has been filed for your consideration, along with some social media comments you are expected to moderate. Review the material and use your 600 words to answer these questions:

  1. What are the main media law issues that arise in this scenario?
  2. Explain briefly how those laws and possible defences might apply.
  3. What cases / examples / legislation are relevant to this situation?
  4. 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?

Discuss the problem with fellow students on the Discussion Board section of the Learning@Griffith site. [Of course, you cannot copy other students’ contributions in your own answers because this will be detected by Turnitin and raised as an Academic Integrity matter.].

 

MORETON ISLAND SEX KILLER ARRESTED

By LOIS LANE

Police have arrested the man who murdered and raped an elderly woman on Moreton Island in Queensland last month.

Edith Johnston was found dead in her Moreton Island home four weeks ago.

Labourer David Smith is expected to be charged later today.

Detectives visited his Cleveland home on Monday morning and later escorted him into Roma Street headquarters.

During the investigation, Mr Smith had described himself as a friend of Mrs Johnston who would do odd jobs for her on his weekend fishing visits to the island.

Mr Smith was also the man who raised the original alarm to police, concerned the 93-year-old woman was not answering her door when he had knocked.

Police found Mrs Johnston naked in her bathroom when they attended to check on her.

She had lived alone in the single story fibro bungalow since her husband Fred died in 2010.

Neighbour and friend Liz Wallis said she was in disbelief that a potential serious crime had been committed on a usually peaceful island.

She said: “This is not Moreton Island, believe me – things like this don’t happen here. We just can’t understand it. We’re devastated.”

Police questioned Smith for more than three hours last Wednesday after forensic experts determined the woman had been the victim of a sex murder.

A police media spokesperson said Smith had made several admissions to them during that interview and said he had been drinking heavily for several hours prior to the attack.

His home computer had been seized and incriminating pornographic images had been found on it.

Police said his eight year old daughter Phoebe was being cared for by her grandparents.

Smith was a prime suspect in a similar attack on a Redland Bay woman, Doris Dupain, 78, in 2008. According to investigating detectives, Mrs Dupain survived the assault and was willing to testify, however Smith’s ex-girlfriend provided him with an alibi and crucial DNA evidence was misplaced in the police laboratory.

The police spokesperson said there would be no such error this time round.

“We have collected incriminating DNA from both the victim and the suspect and this kind of data doesn’t lie. We expect to formally charge Smith within hours,” she said.

Mrs Johnston was a retired school music teacher who often played piano at community gatherings and on Sundays at the Moreton Uniting Church services.

“She was such an endearing person and very talented,” Ms Wallis said. “She didn’t deserve to die in such a horrible traumatic way.

“I have no doubt this Smith guy did it. He would hang around her place like a bad smell and always had a nasty look about him. My guess is that he preyed on lonely widows like this.”

A Google search reveals a David Smith from Cleveland was convicted of several drug offences in 2005 and aggravated assault of 74 year old Agnes Bethany Steele in 2003.

The arrest follows the Premier’s emotional address to Parliament last week vowing to “commit every possible resource to finding the monster who has done this”.

 

 

COMMENTS BY READERS (for you to moderate)

 

@Ragin’Randy: I’m a Moreton resident and I’ve seen this dude around. He had EVIL tattoed on his arm and trouble written all over him!

 

@214GraceJane: Edith was such an active member of our church group. We’ll miss her badly. RIP Edith.

 

@RoadRunner13: My husband works in police forensics and that’s not true about the lost DNA evidence. Either way, they’ve got him this time!

 

@RevSteveParish: God bless you Edith. You didn’t deserve this but you’re with our Lord now.

 

@DavyJones: Just hang the bastard and be done with it so we can get back to our fishing on Moreton.

 

 

 

Police arrest David Smith at his Cleveland address over the murder of Edith Johnston. Image: Creative Commons ©Chris Yarzab (fourbyfourblazer)https://www.flickr.com/photos/chrisyarzab/5829988222

Learning Problem 1: The tweeting PR person

 

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Please go to the Discussion Board on your left menu and join this forum to share your views with other students in researching and drafting your first Learning Problem for submission as part of your first assignment [See Assessment section].

The tweeting PR person

Review the problem below and use your 600 words to answer these questions:

  1. What are the main media law issues that arise in this scenario?
  2. Explain briefly how laws and possible defences might apply.
  3. What cases / examples / legislation are relevant to this situation?
  4. 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 person in this situation and why?

Discuss the problem with fellow students on the Discussion Board section of the Learning@Griffith site. [Of course, you cannot copy other students’ contributions in your own answers because this will be detected by Turnitin and raised as an Academic Integrity matter.]

The tweeting PR person

You are employed in a State Government environment department as a media communications officer. You know your colleague – employed at the same level as you – is highly opinionated against the current government’s policies. A friend brings to your attention the fact that your colleague has been tweeting highly critical messages opposing the government’s shark netting policies using the anonymous Twitter handle @ecowarrior. You feel conflicted but decide to report the behaviour to your boss. A few days later you learn that the department is going to dismiss her over her anti-government tweets.

Module 3 Defamation learning problem: The scathing review

 

You run a popular accommodation reviews website called ‘True Blue Reviews’ which is famous for its frank ratings of Australian hotels and motels. While you are happy to run critical – even scathing – reviews, you are very wary of defamation action and try to keep within the bounds of key defences. You are also wary of fake reviews posted by competitors trying to steer business from another hotel to their own. Two reviews of motels at the tiny fishing village of Dolphin Bay have been posted within the past few hours.

 

Fisherman’s Lodge – Rating 1/10 – The staff are so unfriendly we thought we were staying at Fawlty Towers. Bathroom plumbing is hanging out of the wall and the toilet hasn’t been scrubbed in weeks. Bed bugs big enough to use for bait. Our advice: ‘Dodge the Lodge’.  – Steve and Penny Daltrone, Port Lincoln

Dolphin Delight – Rating 10/10 – The name says it all – it is sheer heaven for anyone wanting to enjoy the delights of Dolphin Bay. Smiling staff, sparkling amenities, and a welcoming hibiscus flower on the starched white linen. Home away from home, just metres from pristine waters. – Doris Parchley, Suffolk, United Kingdom.

 

Strangely, though, both comments were posted from the same computer IP address in – you guessed it – Dolphin Bay, Australia.

 

Use your 600 words to answer these questions about this situation:

 

  1. What are the main media law issues that arise here?
  2. Explain briefly how those laws and possible defences might apply.
  3. What cases / examples / legislation are relevant to this situation?
  4. Assuming the goal is to try to publish as much material as is legally allowable, what course of action would you recommend for the publisher in this situation and why?

Discuss the problem with fellow students on the Discussion Board section of the Learning@Griffith site. [Of course, you cannot copy other students’ contributions in your own answers because this will be detected by Turnitin and raised as an Academic Integrity matter.].

Note: This is the third of your three learning problems to be submitted. Refer to the Assessment section of the site for information about the due date for the package of three x 600 word responses.

 

 

 

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Media Law 2513LHS – Tri 1 2017 – Nathan Campus – In
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The published on-line version of the Course Profile is the authoritative version and by the publication of the Course Profile on-line the
University deems the student has been notified of and read the course requirements.
5. Assessment Plan
5.1 Assessment Summary
This is a summary of the assessment in the course. For detailed information on each assessment, see 5.2 Assessment
Detail10 below.
Assessment Task Due Date Weighting/Marked
out of Learning Outcomes
Assignment – Problem Solving
Assignment
Modules 1-3 Problem Solving
Portfolio
18 Apr 17 16:00
Via Turnitin 20%/100 1, 2, 3, 4
Assignment – Written Assignment
Essay or law reform submission
8 May 17 16:00
Second Monday Module Monday, Week
10
20%/100 1, 2, 3, 4
Test or quiz
Final online quiz
21 May 17 00:01 – 28 May 17 11:59
Throughout Week 12 20%/100 1, 2
Test or quiz
Final take-home exam
26 May 17 12:00 – 28 May 17 11:59
Submit early to avoid distress with
technical glitches.
40%/100 1, 2, 3, 4
5.2 Assessment Detail
Title: Modules 1-3 Problem Solving Portfolio
Type: Assignment – Problem Solving Assignment
Learning Outcomes Assessed: 1, 2, 3, 4
Due Date:
18 Apr 17 16:00 Via Turnitin
Weight: 20%
Marked out of: 100
Task Description:
Length: 1800 words [ 3 x 600 word (approx.) module-based learning problem analyses (covering Modules 1-3) ]
The module-based learning problems address the core material covered in each module in the textbook, lectures and other
readings and learning experiences. They are designed around a scenario in each module and you are required to draft and
submit a 600 word response to the questions asked and issues raised in relation to each scenario.
Typically, you should use your 600 words for each of the three problems to answer these questions:
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?
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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?
You are required to discuss the problems each week on the Discussion Board section of the Media Law site. [Of course, you
cannot copy other students’ contributions in your own answers!]. The problems are designed to showcase the key legal
knowledge and principles underpinning the course and the module questions will prepare you for your responses to the
problems in Modules 4 and 5 and in the final take-home exam. This portfolio of your learning problem responses from
Modules 1-3 ensures you are on track with their completion and that your preparation is on track for your exam.
Instructions for preparing the Problem Solving Portfolio entries can be found on the Asmt 1 (Problem Solving Portfolio) tab
of the learning website.
Criteria & Marking:
An assessment rubric for this item will be available on Learning@Griffith, but in brief the problem solving analyses will be
assessed on their clarity, brevity, currency, relevance and understanding of the chapter readings of the designated weeks.
Submission: Students will use Turnitin via Learning@Griffith to submit this assignment.
This assessment item:
is a school based activity
is an individual activity
includes a self assessment activity
does not have a resubmission provision
Title: Essay or law reform submission
Type: Assignment – Written Assignment
Learning Outcomes Assessed: 1, 2, 3, 4
Due Date:
8 May 17 16:00 Second Monday Module Monday, Week 10
Weight: 20%
Marked out of: 100
Task Description:
Write one fully referenced 1000 word critical essay or law reform submission. Each student will use the genre of their choice –
academic essay or law reform submission – to take up an area of media law of importance to a journalist, lawyer or
professional communicator. The piece of writing will need to conform to the requirements of that genre in all aspects
explained in the criteria rubric below. The task involves exploring that area of media law and showing through your research
and writing you are offering your audience a fresh perspective and analysis addressing some problem arising from that area.
Possible topics will be floated as the deadline approaches. More information on this is provided on the learning website. The
assignment requires full referencing throughout.
Submission: Students submit assignments through Turnitin
All topics require you to cite a minimum of three quality sources, (including the textbook), plus at least
two recent case law examples.
Topics: Please consult the Asmt 2 (Written Assignment – Essay or Law Reform Submission) tab of
the learning website for some suggested topic choices.
Guidelines for completing this assessment can also be found on the Asmt 2 Tips, Reference and Asmt 2 submission.
Submission must meet academic standards of integrity and comply with the School of Humanities, Languages and Social
Science Referencing Guide.
Submission using Turnitin. Please ensure that your essays comply with accepted referencing approaches. Students are
advised strongly to undertake the Academic Integrity Tutorial at http://www.griffith.edu.au/library/workshopstraining/
self-help-resources/writing/academic-integrity-tutorial to ensure they understand fully the requirements for
referencing and other attribution.
Criteria & Marking:
Essay or law reform submission
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Name: Mark: / (100)
High Med Low
Legal Content
· Legal principles are relevant, accurate, and up to date
· Case examples are relevant & used effectively to illustrate a point
Critical analysis
Relevant/responds to the topic
· Logical argument
· Insight
Sources
Minimum of three sources
Textbook
Module readings
Independent Research
Structure
· Introduction
· Conclusion
Outline evident
Flow/transitions
Writing style
Clarity
Succinctness
Quote selection
Grammar
· Spelling, punctuation, sentence structure, apostrophes
· Accuracy of names
Presentation
Consistent and accurate use of any recognised referencing system
Within word limit (1000 words)
Double line spacing, 12pt
Formal, third person, language for essay/law reform submission.
Appropriate language for feature article/commentary
List of Cases
List of Legislation
Text references cite author, year, page number
List of references provides full details and URLs
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Integrity
All facts/arguments referenced to sources
Cases/legislation referenced to its source
References accurate
Quotes in quote marks and accurate
Paraphrasing acceptable
Secondary sources if required
· All sources disclosed
General comments
Submission: Students submit assignments using Turnitin
This assessment item:
is a school based activity
is an individual activity
does not include a self assessment activity
does not have a resubmission provision
Title: Final online quiz
Type: Test or quiz
Learning Outcomes Assessed: 1, 2
Due Date:
21 May 17 00:01 – 28 May 17 11:59 Throughout Week 12
Weight: 20%
Marked out of: 100
Task Description:
Length: 20 questions.
This 20 question online quiz will be conducted via the Learning@Griffith site in Week 13.
It will be selected from a pool of questions already provided in the formative quizes made available at the end of each module.
It will be made available for students to undertake at their convenience during Week 13 in a time window to be advised.
Criteria & Marking:
The quiz covers the core material covered in the textbook and study guide and is designed to test your understanding of the
key legal knowledge and professional communication implications of the material in the course.
The 20 questions will be randomly drawn from the same large pool of multiple choice questions used for the formative (nonassessed)
quizzes completed at the end of each module throughout the study period. This 20 question online quiz will be
conducted via the Learning@Griffith site throughout Week 13. The test will be completed online via the Learning@Griffith
site, with directions and practice quiz provided there.
Unlike the formative quizzes held progressively throughout the study period where some feedback is provided, this final quiz
will only allow a SINGLE ATTEMPT.
Instructions for accessing and completing the quiz can be found on the Asmt 3 (Quiz) tab of the learning website.
Submission: The test will be completed online via the Learning@Griffith site, with directions and practice quiz provided
there.
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This assessment item:
is a school based activity
is an individual activity
does not include a self assessment activity
does not have a resubmission provision
Title: Final take-home exam
Type: Test or quiz
Learning Outcomes Assessed: 1, 2, 3, 4
Due Date:
26 May 17 12:00 – 28 May 17 11:59 Submit early to avoid distress with technical glitches.
Weight: 40%
Marked out of: 100
Task Description:
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 item). ]
Criteria & Marking:
Media Law Assessment Criteria – Take Home examination
Legal Content
• Legal principles are relevant, accurate, and up to date
• Case examples are relevant & used effectively to illustrate a point
Critical analysis
• Relevant/responds to the topic
• Logical argument
• Insight
Sources
• Minimum of three sources
• Textbook
• Course readings
• Independent Research
Structure
Griffith University | Course profiles | Media Law 2513LHS – Tri 1 2017 – Nathan Campus – In Person 28/3/17, 17)15
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• Introduction
• Conclusion
• Outline evident
• Flow/transitions
• Structure appropriate to selected genre
Writing style
• Clarity
• Succinctness
• Quote selection
Grammar
• Spelling, punctuation, sentence structure, apostrophes
• Accuracy of names
Presentation
• Within word limit
• Double line spacing, 12pt
• Formal, third person, academic style of language for essay/law reform submission.
• Text references cite author, year, page number
• List of references provides full details and URLs
Integrity
• [Have you completed the student Academic Integrity tutorial at http://www.griffith.edu.au/library/workshopstraining/
self-help-resources/writing/academic-integrity-tutorial ? _______ ]
• All facts/arguments referenced to sources
• Cases/legislation referenced to its source
• References accurate
• 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
does not have a resubmission provision
5.3 Late Submission
An assessment item submitted after the due date, without an approved extension from the Course Convenor, will be
penalised. The standard penalty is the reduction of the mark allocated to the assessment item by 10% of the maximum mark
applicable for the assessment item, for each working day or part working day that the item is late. Assessment items
submitted more than five working days after the due date are awarded zero marks.
5.4 Other Assessment Information
Supplementary Assessment is not available for this course
Numeric Grading System from 2013:
Students should note the grading system at Griffith University has changed from the High Distinction, Distinction etc grading
to a numeric grading system. Beginning Semester 1, 2013, students’ results in courses will be recorded using the following
numeric grades.
7 – High Distinction – Student demonstrated an exceptionally high quality of performance or standard of learning
achievement.
6 – Distinction – Student demonstrated a high quality of performance or standard of learning achievement.
5 – Credit – Student demonstrated a good quality of performance or standard of learning achievement.
4 – Pass – Student demonstrated a satisfactory quality of performance or standard of learning achievement.
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3 – Fail – Student demonstrated an unsatisfactory quality of performance or standard of learning achievement. There
was evidence of achievement of desired learning outcomes close to the passing standard but insufficient to pass.
2 – Fail – Student demonstrated an unsatisfactory quality of performance or standard of learning achievement. There
was evidence of achievement of desired learning outcomes below the passing standard.
1- Fail – Student demonstrated an unsatisfactory quality of performance or standard of learning achievement. There
was evidence of achievement of desired learning outcomes significantly below the passing standard.
Note this means there is no longer a Pass Conceded (PC) grade — anything less than a PASS grade will receive a Fail.
SPECIAL NOTE: To be awarded a grade of Pass or higher, students must have completed 85% or more of
the weighted items, with marks above zero.
Submission of Items
Please consult the Learning@Griffith course site for assessment submission details.
Late Submission
For students who require an extension of 1-5 days for medical and other legitimate reasons involving family or work
problems:
– You do not need to apply to the Convenor/Tutor, but it is recommended that you do so.
– Your assignment MUST be accompanied by documentary evidence AND a letter explaining the reasons for lateness. The
evidence might take the form of a medical or other professional certificate, or a letter from an employer regarding last-minute
emergency work. It will be up to the Convenor to decide whether your reasons for lateness are legitimate.
If you do not provide acceptable documentary evidence with your letter you may be penalised 10% of your final mark for each
day (a weekend equates to one day) that the item is late. Items submitted more than 5 days after the due date will receive a
mark of zero.
Students who require an extension of more than 5 days should make application for deferred assessment on the official form,
supplying clear explanation and documentary evidence. If your application is successful you will normally be granted
alternative assessment and not be permitted to complete the standard item.
Supplementary Assessment
Supplementary assessment is available in this course in accordance with Section 8 of the University Assessment Policy11. A
Pass mark must be achieved in the supplementary assessment item or exam to achieve the grade of 4.
If any student has a disability and/or health condition that may impact on their ability to successfully
undertake required learning activities in this course, they are encouraged to complete the Griffith
University Disclosure Statement12 and advise their Course Convenor.
Links
1. https://courseprofile.secure.griffith.edu.au/logout.php
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11. http://policies.griffith.edu.au/pdf/Assessment%20Policy.pdf
12. http://policies.griffith.edu.au/adminservices/Assessment%20and%20Examinations/Griffith%20University%20Disclosure%20Statement.pdf
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The Tweeting PR Person

There are three main issues that arise from this case. The first issues is whether the right of political expression is constitutionally protected, considering the provision of Article 19 of Universal Declaration of Human Rights which grants freedom to hold c………………………

The Moreton Island Murder

There are three major issues that arise from this case. First, will there be contempt of court by publishing this case considering that the case is still proceeding, pursuant to s. 126 of the Magistrate’s Court Act 1989 (Vic) that prohibits ……………………

The Scathing Review

There are a number of issues that are evident in this case. First, will publication of the review, knowing that they were made from the same IP address, amount to defamation of Fisherman’s Lodge? Second, can truth and honest opinion be used as a defence against defamation in this case, pursuant to s……..