Tag Archives: law

INFORRM a highly recommended resource for journalists and media law students #MLGriff

By MARK PEARSON

Congratulations to UK-based media law blog INFORRM (INternational Forum for Responsible Media) on reaching an impressive 4 million hits since it started seven years ago.

The site – international but with an understandable UK orientation – boasts more than 5,500 followers including  3,500 on Twitter @inforrm.

INFORRM has just listed its Top Twenty Posts of all time (in descending order of popularity):

From time to time over recent years they have been kind enough to repost my blogs or commentary pieces, including these:

Australia: Whither media reform under Abbott? – Mark Pearson

25 11 2013

Where will the new Liberal-National Coalition government led by Prime Minister Tony Abbott head with the reform of media regulation? Communications Minister Malcolm Turnbull and Attorney-General George Brandis were vocal opponents of the former Gillard Government’s proposals to merge press self-regulation with broadcast co-regulation into a new framework.

Read the rest of this entry »

Privacy in Australia – a timeline from colonial capers to racecourse snooping, possum perving and delving drones – Mark Pearson

13 10 2013

Australia MapThe interplay between the Australian media and privacy laws has always been a struggle between free expression and the ordinary citizen’s desire for privacy. I have developed this timeline to illustrate that tension. Read the rest of this entry »

 

Privacy On Parade – Mark Pearson

12 05 2012

The right to privacy is a relatively modern international legal concept. Until the late 19th century gentlemen used the strictly codified practice of the duel to settle their disputes over embarrassing exposés of their private lives.

The first celebrity to convert his personal affront into a legal suit was the author of The Three Musketeers, Alexandre Dumas père, who in 1867 sued a photographer who had attempted to register copyright in some steamy images of Dumas with the ‘Paris Hilton’ of the day – 32-year-old actress Adah Isaacs Menken. Read the rest of this entry »

 

Australia: News Media Council proposal: be careful what you wish for – Mark Pearson

10 03 2012

The Finkelstein (and Ricketson) Independent Media Inquiry report released on 28 February 2012 is a substantial and well researched document with a dangerously flawed core recommendation.

An impressive distillation of legal, philosophical and media scholarship (compulsory reading for journalism students) and worthy recommendations for simpler codes and more sensitivity to the needs of the vulnerable are overshadowed by the proposal that an ‘independent’ News Media Council be established, bankrolled by at least Aus$2 million of government funding annually. Read the rest of this entry »

 

Consumer law holds solution to grossly irresponsible journalism – Mark Pearson

9 11 2011

This post originally appeared on the Australian Journlaw blog.  It suggests an interesting new approach to media regulation which, as far as we know, has not been suggested in debates in this country.  We are reproducing it with permission and thanks to provide a further perspective on those debates.

Australia does not need a media tribunal with regulatory powers to punish ethical transgressions.  It already has one – in the form of the Australian Competition and Consumer Commission (“ACCC”). Read the rest of this entry »


… as well as occasional snippets in their useful Law and Media Roundup section and this review of my book Blogging and Tweeting Without Getting Sued by media lawyer Leanne O’Donnell:

Book Review: Mark Pearson “Blogging and Tweeting Without Getting Sued” – Leanne O’Donnell

11 04 2012

Professor Mark Pearson’s Blogging & Tweeting Without Getting Sued will be welcomed by anyone writing online … Melbourne media lawyer Leanne O’Donnell reviews this timely legal guide to a rapidly evolving media landscape

Mark Pearson’s new book Blogging & Tweeting Without Getting Sued: A global guide to the law for anyone writing online – is very accessible guide to laws relevant to the all those writing online. Read the rest of this entry »


I find the INFORRM “Blogroll” is a particularly useful resource – regularly updated and featuring these media law blogs from throughout the world. Together they provide a wonderful resource for media law students, journalists and researchers. (Thanks for including journlaw.com,  INFORRM!)

Surely sufficient bedtime reading for even the most avid media law geek!

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, citizen journalism, contempt of court, courts, defamation, free expression, Freedom of Information, intellectual property, journalism, journalism education, media ethics, Media freedom, media law, Media regulation, Press freedom, Privacy, social media, sub judice, suppression, terrorism

Speaking with magistrates about Open Justice #MLGriff

By MARK PEARSON

New magistrates from throughout Australia met in Brisbane last month for the National Magistrates Orientation Program and I was honoured to join a panel addressing them on open justice.

While magistrates have both legal qualifications and considerable experience, sadly open justice does not figure prominently in the curricular of most law schools so it is heartening to see the organisers of this program giving time to this important legal principle.

My fellow panellists for the session were former Queensland chief magistrate, District Court Judge Brendan Butler (who recounted his experiences with the media in prominent trials and inquests) and the Queensland Supreme and District Courts’ first Principal Information Officer Anne Stanford (@Anne_Stanford) (who explained her role and the interaction between the courts and the media in Queensland and in Victoria where she held a similar position).

I traced the origins and importance of the open justice principle in our legal system, citing English Master of the Rolls Lord Neuberger who described it as “a common law principle which stretches back into the common law’s earliest period” – to “time immemorial” – “…older than 6 July 1189, the date of King Richard the First’s accession to the throne” [Neuberger, Lord of Abbotbury (Master of Rolls) 2011, ‘Open justice unbound?’, Judicial Studies Board Annual Lecture, 16 March, < http://netk.net.au/judges/neuberger2.pdf>., p. 2].

Particularly important was the notion that the media should be free to report upon cases and publish the names of parties involved, with minimal exceptions, as recently stated in the UK by Baroness Brenda Hale, new President of the UK Supreme Court:

“The principle of open justice is one of the most precious in our law. It is there to reassure the public and the parties that our courts are indeed doing justice according to law. In fact, there are two aspects to this principle. The first is that justice should be done in open court, so that the people interested in the case, the wider public and the media can know what is going on. … The second is that the names of the people whose cases are being decided, and others involved in the hearing, should be public knowledge. [… limited exceptions].” R (on the application of C) v Secretary of State for Justice [2016] UKSC 2, 1 (per Lady Hale).

I suggested that with diminished resources and finances available to mainstream media in both metropolitan and regional areas, magistrates might be the only people left to speak to the principle of open justice when lawyers and litigants want the court to be closed or names suppressed. Media organisations that might have formerly paid for lawyers to push for the courts to remain open might not be able to afford them, and court reporters might not be available to even report on the particular case being heard.

I attach here my Powerpoint presentation from the session for colleagues and students who might be interested.

MagistratesOrientationBrisbane8-9-17

 

 

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, citizen journalism, contempt of court, free expression, journalism, media ethics, media law, Media regulation, social media, sub judice

Mental health and the media: a comparative case study in open justice

By MARK PEARSON

Our article comparing Australian and UK restrictions on the reporting of forensic mental health cases has appeared in the leading journal in the field, the Journal of Media Law.

Citation: Mark Pearson, Tom Morton & Hugh Bennett (2017): ‘Mental health and the media: a comparative case study in open justice’, Journal of Media Law, DOI: 10.1080/17577632.2017.1375261

Here is our abstract:

Media reportage about forensic mental health cases raises several competing rights and interests, including the public interest in open justice; a patient’s right to privacy, treatment and recovery; the public’s right to know about mental health tribunal processes; and victims’ and citizens’ interests in learning the longer term consequences of a publicised serious unlawful act. This article details a case study of successful applications for permission to identify a forensic mental health patient in both a radio documentary and in research blogs and scholarly works in Australia. It compares the authors’ experience in this case with three other cases in Australia and the UK, and identifies and weighs the competing policy issues and principles courts or tribunals consider when attempting to balance open justice with the rights and interests of a range of stakeholders in forensic mental health cases where the news media and/or patients are seeking publicity and/or identification.

Full contents of the edition and subscription details can be seen here.

———–

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, citizen journalism, contempt of court, courts, free expression, journalism, media ethics, media law, Media regulation, mental health, open justice, Press freedom, social media, sub judice, suppression, Uncategorized

A ‘Mindful Journalism’ Approach to News and Emotion

By MARK PEARSON

The News Reporting and Emotions conference was held at the University of Adelaide last week (September 4-6 2017) and I presented a paper titled “A ‘Mindful Journalism’ Approach to News and Emotion”. Here is the abstract, along with the audio and Powerpoint slides for the presentation if you are interested.

A ‘Mindful Journalism’ Approach to News and Emotion

Mark Pearson, Griffith University

Awareness of – and systematic reflection upon – emotions in the news enterprise can be beneficial for all stakeholders – including journalists, their sources and their audiences. ‘Mindful journalism’ is a secular application of foundational Buddhist ethical principles to the news research and reporting process, where journalists are encouraged to engage in purposive reflection upon a range of factors that might influence their story selection, angle, language and behaviour.

The approach is premised upon Buddhism’s Four Noble Truths and Noble Eightfold Path, invoking journalists to invest time and meditative effort to consider their intent, actions and communications when planning and pursuing a story; to reflect upon how it sits with their conception of their livelihood; and how it might use wisdom and compassion to minimise suffering and acknowledge interdependence.

Such reflection upon the emotional implications of a work of journalism might take the form of a timetabled session of meditation (self or guided) or (in acknowledgment of the pressures of time and resources) as little as a mini ‘reflection-in-action’ – a pause for a few breaths to check in to the journalist’s own emotional state and the potential impact on the emotions of others.

This paper positions this emotional reflection and calibration in the body of the author’s recent work on mindful journalism, including a co-authored book and several journal articles and suggests that, while journalists might not be expected to adopt the lotus position in the news room, a systemised routine of reflection upon their ethics and practices might improve the calibre of their work and minimise the suffering it might otherwise inflict upon themselves and others.

———–

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, Buddhism, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, media law, mental health, mindful journalism, reflective practice, social media

Helping identify a risky media law situation

By MARK PEARSON

There is no easy solution to helping journalists and other professional communicators identify a risky media law situation.

The first challenge is to be able to sound the alarm bells in the midst of researching or writing. Given a journalist or public relations consultant might be working on numerous stories, investigations, production or communication tasks in any day, what might prompt them to pause and assess the media law risks associated with a particular publication or action?

The answer has puzzled me for my 30 years of teaching media law, and it appears to lie in a combination of situational / emotional analysis and media law knowledge, supported by a routine system of mindful reflection.

I have recently revisited the issue with groups of working journalists, asking them to identify situations they believed prompted them to be on high alert for media law problems. I have combined their observations with my own into this table of situations and risks.

This table is a work in progress, so I would really appreciate your comments and suggestions for further categories as I work to fine-tune it for inclusion in our next edition of The Journalist’s Guide to Media Law.

ML1

ML3 ML2

ML4

 

 


Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, defamation, free expression, journalism, journalism education, media ethics, media law, mindful journalism, online education, reflective practice, social media, terrorism

Interview Part 4 – Strengths and pitfalls of online courses

By MARK PEARSON

This is the fourth and final edited transcript of my interview with Griffith University doctoral candidate David Costin, who recently interviewed me as part of his research into engaging with the online environment in higher education.  Over the past three installments we have discussed my design of an online / on campus course in media law (Part 1), how principles of ‘mindful journalism’ have influenced the course design (Part 2) and some suggested strategies to embed online learning (Part 3). This week we explore the strengths and pitfalls of online courses.


Q (David Costin):        What are the gaps and barriers that you see that hinder you as being an effective online operator? You’ve mentioned one about rules, about the boundaries of …. of the uni itself, but what other gaps are you seeing, or barriers?

A (Mark Pearson):         Time is a barrier, the time element, because the ideal, the face-to-face environment commits you to so many hours in the classroom, the students know you will be there, certain consultation hours, they know they can come to see you. The online environment is meant to be amenable to the learner, but it doesn’t necessarily sit with the teachers’ availability. So you know, whatever the learning problem, whether it’s just a technical thing with the quiz not working or whatever, the online student might encounter that at 3:00 a.m. because it suits their schedule, but to maintain one’s own sanity and life balance, one can’t be available 24/7 to online students. And sometimes they’ll get frustrated that they’ve had to wait to get a response. That doesn’t happen very often, but nevertheless, the ideal would be for them to get immediate responses to such problems, but that’s – until we get teaching bots – that’s some way away.

Q:        Yeah, yeah.

A:         So that springs to mind as one constraint. Another is, I mean I talked about institutional barriers to the design, but there’s also the industrial labour issue of teaching online. And (my School) … has been very good with this and I have online tutors that are compensated comparably with the on-campus versions. For academic staff, there is the workload issue and that’s looking reasonable at the moment for online development, but it’s, you know, the risk is trying to force fit online to traditional models and to under-allow for all of this development and nurturing and engagement that has to happen for online to work, to undervalue that in workload and in rewards within the system.

Q:        Okay, so you’re saying so therefore part of that is I suppose a lot of your work is developing that relationship with students, but that’s not really fixed into any particular workload or that you could put a monetary value on it or anything else like that.

A:         Well it is, it’s so many hours of workload per week that you would devote to that and the jury is out as to whether that’s enough to cater to that many online students, isn’t it? I mean teaching is somewhat of a calling and you suffer angst if you think your students are being underserviced, but the more hours you put into it, the lower your hourly rate becomes, you know, for whether you’re a casual worker on so much per hour, you’ve done your hours that were allocated, but there’s some student crying for help. You know, what do you do? Your calling tells you, you offer the help.

Q:        That’s right.

A:         You then become a volunteer and that’s nice for you and me at this stage of our careers, maybe we can afford to be volunteers a little bit, but the struggling young mum or dad that’s trying to feed the family on sessional …

Q:        Yeah, wages.

A:         … rates or whatever, it becomes a – I believe if it’s managed poorly and it’s undercompensated, it’s an exploitation of people in those situations.

Q:        Well it becomes an ethical type of practice I suppose.

A:         Mm.

Q:        You mentioned before, you’ve done a couple of courses within . about supporting – about the development of online. What are the support structures that you’ve found have really helped you in the development of your online course?

A:         Workload allowance for the development. So I mean academic workload is done on a formula that changes regularly within institutions. It’s a points-based formula at the moment, but it’s meant that I haven’t had to teach a full load of classroom teaching in the semesters that I’ve been developing or … revising the (online) courses. So the institution’s been willing to take a full professor out of the classroom to invest in the design and then the offering of such courses.

Q:        Okay.

A:         The other – not so much constraint but important impediment – in this area is the fact that a lot of work is done in the establishment of online courses, but there has to be, just as in vehicle maintenance, there has to be a schedule of service maintenance updating, freshening. And unless that is allowed for in the budgetary and workload approaches of the institution, what you get is what sadly has become the fate of online distance correspondence courses through the ages, is that you just get people who may or may not care about it anymore and the course is just getting rustier and rustier, the readings getting older and older, the technology is being further and further behind the state-of-the-art at the moment and this obviously is going to impact both enrolments but more important on the learning that’s happening in the course – rusty courses.

Q:        It’s a good term, I like that term, ‘rusty courses’. And I’ll go back to – and this is, of course, I suppose one other question I was going to ask, you mentioned at the start you believe there was more courses adapted to the online environment. In your opinion, what do you think, is it more, like this particular course is more gravity, more orientated towards online? Are there other courses you think are more orientated towards the online than others, in what you’ve experienced so far?

A:         The term ‘hybrid courses’ or ‘hybrid learning’ is bandied around.

Q:        Yeah.

A:         I haven’t seen a very strict definition of it. For some people it seems to mean some online components to a standard course. To others, it means a course that can be undertaken fully online or on campus. With this one, it is the latter and I’ve tried to make it so that it is as valuable a learning experience to the online student and also that opportunity is fully available to the on-campus students.

Q:        Flexibility, yeah, comes through all the time. And I suppose, you know, this kind of comes on to the last question in that in the course that you’re developing for the online, but you’ve taken your own thinking processes and you’ve I suppose looked at where you want the kids to be, the students to be, but what other things do you do that strengthens your own skills in that teaching and learning environment, the students’ environment?

A:         What do I do that strengthens my own skills?

Q:        Mm, what do you do? Obviously you reflect upon your teaching.

A:         Yes.

Q:        Which is one of those – knowing things that work.

A:         Yeah.

Q:        But do you depend on – do you go and talk to your other colleagues about other strategies you can utilise or do you go and experiment on a MOOC (Massive Open Online Course) and come back and incorporate those things?

A:         Well I’ve done both of those things. I write about some of these experiences and practises in the academic literature. I maintain a blog, which I’ve been doing for about five or six years now, with – it varies, but with like a monthly contribution, but there’s been two in the last two weeks, you know, it’s just according to time and what happens, called Journlaw, which has a mixture of things to do with commentary or snippets about media law, abstracts and excerpts from my writings or articles, just referring people to those things. And when I do those guest interviews, I’ll throw them on there, so there’s sort of a central place where students and others can go there. And I’ll do mini reports or live blogs of conferences with relevance to that area, so instead of just going to sleep as a delegate at a conference, I’ll keep myself awake by taking a couple of photos and writing a news story about the presentation and whacking it onto the blog, those sorts of things. So there’s that, there’s the academic output. I have done a few of the MOOCs as you mention. What else do I do? The academic’s life, I’ve noticed, the pressures and demands over many years has become more intense in recent years than it was in the earlier stages of my career. So I don’t do as many sort of learning and teaching grant applications, writing about learning and teaching in learning and teaching sorts of journals or got to many of the seminars for staff and that sort of thing, just because there’s only so many hours in the day and certain priorities, KPIs you’re rewarded for.

Q:        Yeah, so what you’re saying is you’re prioritising what you believe as part of the important strategies that will help you through the parts of your course.

A:         Yeah and I do some leisure reading about it. In other words, if I’m an airport bookshop and there’s a – I mean that thing with the formative quizzes and repeating the question just came from some random popular book on embedding learning that I found in an airport bookshop and I was interested in reading about, but it’s not something – I mean the thing I do read a lot about at the moment is Buddhist ethical principles and mindfulness and that kind of thing, so that is influencing me a lot at the moment.

Q:        But you’re adapting too.

A:         Yeah, whenever I do those things, I think is there a way that that has relevance to either my research or my writing. And I build some of the principles into the research. So we did a big ‘Reporting Islam’ project which is just finishing up now. I finished in December, but it’s about a $900,000 over three years that we’ve just done. It had many dimensions to it, but part of it was developing this app …. And so my colleague has continued with the project, is negotiating with future hosts for it and everything. But associated with this were a lot of training courses we developed for journalists, a handbook on Reporting Islam, a newsroom handbook that is there in PDF version as well as we printed a few copies for our expert panellists and so on. But I guess my point is, this thinking around the online stuff has also led to a very practical research project which has academic outputs but also newsroom and social application. [Calls up www.reportingislam.org ]. So you start to get, like I recorded this interview with (journalist Peter Greste) – I didn’t record it, I took a cameraman to report it and it talks about the importance of reporting upon Islam accurately, basic information about the religion and things that get commonly confused, some basic myths about some of the common things like the different types of headdress or whatever. And then so going from that, basic terminology and then putting it into practice with a checklist for journalists to identify, like a little quiz on how inclusive their newsroom is, basic reporting tips, protocols they should follow when reporting Islam and the voices of journalists who are respected from a range of media about pitfalls in misreporting of Islam. Then very importantly, driving home with students the effects of misreporting …

(Audio visual playing)

A:         … the impact on people in the community and what bad reporting or negative reporting, associating them all as terrorists and whatever can have. And so this is taken from another body of literature with permission with our actors’ voices talking about their focus group.

(Audio visual playing)

Q:        Okay.

A:         But we had actors and photo stock images to capture the person that’s said those things in those research projects. And I have recorded these interviews with different experts about the research.

(Audio visual playing)

Q:        Mm.

A:         So journalists and students can get that actual research base to the effects and then similar to what I’ve done in the media law thing, we’ve developed scenarios that actually have all of the components here for practice reporting on a Muslim issue. So the scenario is explained, there are tasks that they have to do within a two-hour class, you know, council papers about a proposed mosque, tips that they would follow in reporting some images that we’ve had taken that they choose from for it and a selection of quotes, including some of which are actually live acted.

(Audio visual playing)

A:         That kind of stuff and a similar one on a terror arrest, because that’s a commonly misreported scenario with an actual court case following it and so on. And then a list of resources and people, journalists can go to. So that was quite an achievement, but the reason I mention it is a lot of these same principles have gone into there. So there are the mindfulness principles, – what’s my intent with this story?, why am I going to cover in this?, what’s the language I’m going to be using?. All of that’s built in to some of the resources.

Q:        It’s also that lived experience, isn’t it?

A:         Mm.

Q:        You’re there, so from where I sit, you’ve got that lived experience of what you’re seeing. You’ve got your background as to that journalism component, plus the ethics coming in on top of that, plus the mindfulness.

A:         Mm.

Q:        So it comes together in a product, one way, that can be practically and which people can then access and I suppose that end point for where they want to be.

A:         That’s the idea of it. We won the Queensland Multicultural Award last year for media, communication.

Q:        Wow, well done indeed. Well thank you very much for your time.

A:         Alright, okay, absolute pleasure.

Q:        I’ve enjoyed it.

———–

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, Buddhism, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, media law, mental health, mindful journalism, online education, reflective practice, social media, terrorism

Interview Part 3 – Strategies to embed media law learning

By MARK PEARSON

This is Part 3 of my interview with Griffith University doctoral candidate David Costin, who recently interviewed me as part of his research into engaging with the online environment in higher education.  Over the past two installments we have discussed my design of an online / on campus course in media law and have examined how principles of ‘mindful journalism’ have influenced the course design. This week we explore some strategies to embed media law learning.

Q (David Costin):  Obviously you’ve thought about that end point [of students applying their media law knowledge in the workplace].

A:  (Mark Pearson) … I have the opportunity and the good fortune as a consultant to be able to train some journalists in the workplace … and I’ve done that for more than 20 years …. That feeds back into the loop because quite often in the class are my own students from these classes and it’s interesting to see what they do or don’t remember, although I haven’t actually formally tested that. So what niggles away at me, at this late stage of my career, is that I haven’t seen many of my graduates – I can’t recall my graduates getting into actual legal trouble and that would be one sign, but nevertheless, I sort of say ‘there but for the grace of God walk I’, you know, because you do know there are those 50 per cent students and they might have been away the day we did defamation (although it’s very unlikely, there’s a fair bit of it in the course).

Q:        Yeah.

A:         And these days they’re often, you know, going to be contractor workers rather than fully employed by an organisation, perhaps running their own blog. And so in the area of contempt, jail is a possibility, a substantial fine, certainly professional disgrace and in defamation there’s huge damages; they can lose their family home. And thankfully I haven’t seen that happen to my students, but it’s an area where if they were away the day they did one of those important things, then it’s a risk. So what is the retention of this knowledge in the workplace? That would be a wonderful research project to go back and revisit some of these people years on or whatever. I mean you know, media law training session only last year I had one of my students from 20 years ago at another institution, you know, so there are people there that would provide data for it I suppose.

Q:        Yeah, yeah.

A:         But I mean maybe I’m half scared to do so because it’s a worry, the extent to which they may not actually retain much of that knowledge (laughs).

Q:        But you know, I can see, you know, that again, that reflective stance drives, you know, I suppose where you want and it’s also updating that course at the same time, because as you said, you know, this area’s changing so much all the time.

A:         Mm.

Q:        And I suppose it also feeds into the question of, you know, what do you see is effectiveness in this environment.

A:         Mm.

Q:        So what you just indicated a student from 20 years ago, came back and came on the course, but is there other things that you see, other than the stats at the end of every semester, as being effective in this environment when you’re teaching in the online environment?

A:         Well I remember an earlier lecturer I worked with in my career talked about seeing the ‘whites of their eyes’, you know that expression?

Q:        Mm, yep, yep.

A:         And there are moments where you see that, that you know the knowledge at least for that one student is deeply embedded and has made a real difference. And from time to time you get that – I had that only yesterday, right? It was only a very small moment, but I’m very conscious of mindful practice being dismissed or being looked at sceptically as sort of some new age thing or being dismissed by other academics or whatever or students thinking I’m pushing some religion on them or something like that. So when I tell them about that, I frame it in terms of both the Buddhist principles – meditation and mindfulness – but also (Donald) Schon and reflective practice, but I’d also introduce them to a term that rarely any of them have ever heard of which is form the psychological and educational literature called ‘metacognition’. And I talk about that as either thinking about your own thinking or reflecting upon your own learning, depending on whether you’re looking at it from psychology. So in this particular class yesterday, I had an African law student in the class and I’d done that early in the – like week one or two of the semester – and yesterday (in the final week of revision) we were just talking about something, I can’t even remember what the topic was, and she said, “Ah yes, that’s metacognition. I’ve just practised metacognition.” And so to me, that’s a success, that’s just a skerrick of evidence of someone having learnt something in the course.

Q:        The ah-ha moment.

A:         Yeah, yeah. But the very important change we’ve made with the course this semester meant that I was getting that feeling a lot yesterday in my lectures as well and that’s because I’ve gone from, partly through very pragmatic and practical reasons, I’ve gone from a sit-down final exam in a lecture theatre – open book but handwritten into exam books – … I’ve gone from that to a take-home finale difficult problem, take-home exam over 10 days; 1500 words, written in exam style, loosely referenced but just so as answering those same basic questions, but a finale problem. And they submit it via Turnitin, plagiarism detection and all of that. And in the lectures yesterday, it hit home how important that is. Because I read somewhere some time ago that there are all pros and cons to, you know, obviously there’s security issues with take-home exams …

Q:        That’s right.

A:         That may happen. But in the lectures yesterday, here was a fully engaged class, many of whom I’d never seen before. They may have been following it on Lecture Capture or whatever, but here they were, for Professor Pearson to walk them through the take-home exam problem and to speak – I spoke in what you might call cryptic or code terms about the issues that were arising and highlighting on the screen the things that they might identify, without spoon-feeding them and giving them all the answers and reinforcing the fact that the students who had engaged in all the learning activities will know what I’m talking about here, that this word, confidential source here means certain things, it means things from different parts of the course, (etc). Well, they were just fully engaged because they had a vested interest in embedding this material for 40 per cent of their overall grade for the course. Now the difference is that the sit-down exam tests the level of knowledge that they know at that point for whoever knows how long afterwards, that they may have crammed for that two hours in week 12 or 13 or whatever it happens to be. This one is – if they’ve done the course, it’s designed so they shouldn’t take more than a day to do it, but some of them have the chance to actually engage with all of that over those 10 days, if they’ve never even come to a class, and I’ve got much more hope because the test mainly drills defamation and contempt, which are the two big ticket areas and it’s my way of being a little bit reassured that people would get over the line with their final take-home exam are at least familiar with those terms and understand a bit of their operation in a hypothetical newsroom environment.

Q:        Okay.

A:         So there are pros, there are cons, but I could see learning happening in a traditional lecture yesterday, which is somewhat unusual, sadly.

Q:        Unique.

A:         Yeah, yeah.

Q:        Okay, so two questions. You’ve established then your own benchmark, using that process, you’ve got your own type of benchmark in the back of your mind, as to what you want the students to achieve using this process?

A:         The take-home exam?

Q:        Yeah, yeah.

A:         Yeah, well yes, we still have to have a final moderation meeting for the tutors for the marking of the exam, but the pass point will be a demonstrated ability to identify those key issues of media law and to come up with a plausible navigation of those issues in such an environment and showing a basic knowledge of some key laws and cases that would inform that decision.

Q:        Okay. So then the other part of the question is, where did you come across this idea or have you adapted along the way or it’s been an experience, you know the take-home exam experience has been something that you’d wanted to try, or you’d read about it or you’ve adapted it before over the period of time?

A:         Well as long as I remember, there have been take-home exams in some university courses and I’m wracking my brain, thinking of one I’ve ever done myself as a student. I can’t think of one right now. It’s a small extension of a more intense newsroom exam situation that I’ve run at an earlier institution with my media law students, which was the sit-down open-book exam where it’s actually given to the students and then they can either sit there or go away, phone a friend, do whatever they like, as a journalist would do in that environment and come back in two hours with their answer. So it’s an adapted version of that which I hope is actually going to work better. But a point I was going to make earlier about the design of online and everything is that there’s a lot of pragmatism and there are a lot of sort of constrictions or institutional boundaries that you have to work within while you’re still trying to engage with students and enhance their learning and cover the appropriate content. And I mean luckily journalism doesn’t have some industry accreditation as well, you know, because I’d hate to think in accounting or law you’d also be managing those external – or psychology – you’d be managing external requirements as well. So the design of such courses is kind of its own cryptic crossword because for every decision you’re making about a certain format or learning tool, you’re having to think, is this going to work on the Nathan campus, is it going to work on the Gold Coast campus, how does it operate with OUA, what are the online students going to be able to do with this, what are the institutional rules around this? Because the institutional rules have things like no more than 20 per cent of online assignments in the course, you know, that kind of stuff. And so how do we navigate all of these things but still come up with a coherent, meaningful curriculum and pedagogy that’s actually best practice? That’s the challenge, I mean I don’t know whether I’ve achieved it here, but it’s a work in progress.

 

NEXT WEEK: Strengths and pitfalls of  online courses

———–

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2017

Leave a comment

Filed under blogging, Buddhism, defamation, Eightfold Path, free expression, journalism, journalism education, media ethics, media law, mental health, mindful journalism, online education, reflective practice, social media, terrorism