Module Identifier
LAM7510
Module Title
ON-LINE CONTENT REGULATION
Academic Year
2008/2009
Co-ordinator
Professor Diane Rowland
Semester
Semester 1

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment One assignment of 5,000 words  Learning outcome 1,2,3,4,5,6  100%
Supplementary Assessment One assignment of 5,000 words 

Learning Outcomes

On successful completion of this module students should be able to:

1. Explain the nature of the problems encountered in pursuing an action for defamation in the US and the UK.
2. Provide a critique of the liability of ISPs in the US and UK and its effect on potential litigants.
3. Explain the nature and use of CyberSLAPP cases.
4. Demonstrate an understanding of the legal problems of controlling obscene speech on the internet.
5. Critically assess the difference in approach between the legal regimes for regulating obscenity on the internet in the US and the UK.
6. Evaluate the potential utility and efficacy of the Council of Europe Convention on Cybercrime.

Brief description

Rationale:
This module will enable students to study the issues relating to the regulation of online content problems at a postgraduate level through the distance learning format. Assessing the acceptability of content is dependent not only on relevant legal and regulatory frameworks but also on prevailing social and cultural mores. This module will increase the availability and opportunity for studying this subject especially for a range of students from different backgrounds in the UK and overseas.

Brief Description:
This module will consider two types of potentially unacceptable content; content that is defamatory and which is usually the subject of private law remedies, and obscenity and hate speech which is usually controlled by public law. The way in which the regulation of these types of content and its impact on the protection of fundamental human rights, notably freedom of expression, has developed and been applied will be studied and assessed with reference to a number of jurisdictions.

Content

A Defamation:
1. The nature of defamatory words in cyberspace
2. The approach in the US: Communications Decency Act s230, the liability of ISPs and the pros and cons of CyberSLAPP cases.
3. The approach in the UK: the Defamation Act 1996 and Directive 200/31/EC.
B Obscenity and hate speech:
4. Specific characteristics of the internet and world wide web which give rise to difficulties in the control of obscene and other undesirable content.
5. A comparison of the US approach in the Communications Decency Act and the Child-online Protection Act with that of the legal regime in the UK under the Protection of Children Act 1978 and the Obscene Publications Act 1959.
6. Cultural issues, community standards, obscenity and hate speech: the Council of Europe Convention on Cybercrime and its ratification.

Module Skills

Skills Type Skills details
Application of Number N/A
Communication Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools.
Improving own Learning and Performance Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area.
Information Technology The module is delivered almost entirely by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching.
Personal Development and Career planning Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently.
Problem solving By the examination and discussion of actual and hypothetical case studies.
Research skills Students will be encouraged to read and study beyond the set module texts and to locate further materials and research findings on the subject.
Subject Specific Skills This module provides students with the opportunity to identify, analyse, evaluate and practise a series of skills with respect to on-line content regulation.
Team work Team working skills will be encouraged and developed in group activities and discussions at the residential study schools.

Notes

This module is at CQFW Level 7