Media Law Final Exam | Media Law Case – Randy Denim Case

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Task Final Take-Home Exam

Final Take-Home Exam – Please read directions
here and in item below
You are a member of a small team of former Griffith students who have just established a niche
blogging and social media marketing company based in Queensland, consisting of a journalist, a PR
practitioner, and a media lawyer. You each bring your respective areas of expertise to your work. The
business model of your company – “Celebrity Capers” – is to find and publish as much saucy gossip
about celebrities as possible to maximise page views on your site (which only has 200 views a day at
present) and to generate as much advertising and sponsorship via social media likes, retweets and
follows.

The three of you are about to hold your daily directors’ meeting to discuss this matter related to today’s
coverage:

Oscar-winning US actor Randy Denim has been arrested in a Noosa, Queensland apartment after a
complaint from a 15 year old female fan – Holly Wood – who claims they met up via the dating site
Tinder (where he used a fake identity) and that he drugged her in his room and sexually assaulted her.
Given his notoriety, this story will go viral on social media if you blog about it, which will put your new
company on the map internationally and stand to make your fortune. A confidential police source told
you Denim is likely to be charged within the next hour or so and will likely appear in court tomorrow
morning to face serious charges of rape, drug possession and indecent dealing with a child. The source
supplies you with an internal police document stating the likely case against Denim, including the
allegation that Denim’s manager and lawyer – Gerry Justice – was the one who supplied him with the
drugs Denim used for the assault. There are great photos of Denim, Wood and Justice on their respective
Facebook pages, and many more of Denim on the Hollywood Reporter website, so you can easily
illustrate your coverage with those. But you also have some photos and video taken secretly at the crime
scene inside Denim’s apartment by your freelance photographer – Snap Happy – who posed as a hotel
maintenance worker to gain access. The vision shows Denim – dressed only in a bathrobe – sobbing on
the lounge of the apartment as police question him about the allegations. Snap Happy also took a photo
of a printout of blood pathology test result he found laying on the kitchen bench indicating that Denim
had only last week been tested as HIV positive. The student intern at your blogging company – Debbie
Ruolin Wang

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Deadline – has already posted a tweet to your @CelebrityCapers handle to attract interest in the story:
“Follow us to get all the dirt on Denim’s latest Australian performance – sex and drugs and HIV”.

Use your 1500 word limit to answer in your own words these questions about this situation:

a. What are the main media law issues that arise here?

b. Explain briefly how those laws and possible defences might apply.

c. What cases / examples / legislation are relevant to this situation?

d. 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?

Special take-home exam instructions:

1. Turnitin Draft and Final submission points are established on the Learning@Griffith site under
“Assessment” in the assessment grid if you click on “Final Take-Home Exam”. If you have trouble
submitting to Turnitin, please try using an alternative browser (Firefox, Google Chrome or Safari).

2. Although you have a large time period in which you can complete the exam, it is designed to be
finished in just one day by students who have been engaging with the learning activities and resources.
You are advised to do some planning and drafting over the weekend, but to hold back on your
submission until after the final lecture (and tutorial for on-campus students) where we will walk you
through the key issues. Online students are welcome to attend any on-campus tutorial for this purpose
and to engage in debate about the topic on the Discussion Board.

3. We are not demanding the meticulous referencing system you used for your earlier assignments, so
no reference list is required and you can reference more loosely in the course of your prose. For
example, references such as “in Gutnick’s case,” or “as the Pearson & Polden text suggests” will be
adequate, but Turnitin will detect slabs of text cut and pasted from elsewhere and Academic Integrity
complaints will ensue if you do this, with likely failure of the exam and perhaps the overall course. In
short, use your own original form of expression, and watch you do not use the words of your peers if
you have workshopped the problem in groups or online.

4. Avoid using block quotes and make sure the full 1500 words are your own original words analysing

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the problem.

5. The 1500 word limit is a strict cap, with 20% deductions applying to submissions going more than
200 words over length.

6. As this is a final exam, only your marks will be released without detailed feedback. There is no rubric
to attach to your submission, but it will be assessed in line with the earlier rubric for Assignment 1.
Please also read the further instructions in the course site item below this one.

Final Take-Home Exam
Due Date: 19 May 17 11:59 – 28 May 17 23:59
Submit early to avoid distress with technical glitches.
Learning Outcomes Assessed: 1, 2, 3, 4
Weight: 40% 100
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
• Introduction
• Conclusion
• Outline evident
• Flow/transitions
• Structure appropriate to selected genre
Writing style

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• 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/workshops-training/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
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

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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). ]
More Information:
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.

For help with your exam revision, please see the Exam Revision forum on the Discussion
Board from Week 11.

Description

There are a number of media law issues that are evident in this case.  There are different issues that are pertinent to this case. The first issue is whether Denim was defamed by publication of the materials. The second issues are whether the author is responsible for a tweet that was posted by a student intern. The third issue is whether Denim’s privacy was invaded by having the photographer of the company take his pictures distinguished as a hotel worker.