JJUA55007U Media Law
The course aims at developing knowledge and understanding
regarding law and regulations about media, journalism, public
communication and freedom of expression in a European and
comparative perspective. In a democratic society, regulations
concerning media, journalism, internet, public speech, arts,
culture, entertainment and advertising have to strike a fair
balance, taking into consideration the freedom of expression as
well as the need to respect other fundamental rights and freedoms
as protected by the European Convention on Human Rights and its
Protocols (right to privacy, personality rights, presumption of
innocence, property rights…). The course focuses on national and
international media law, with special attention to the case law of
the European Court of Human Rights and the legal framework of the
European Union. The course introduces students to international
sources of media law and freedom of expression. Students will carry
out various types of comparative analysis. The course is intended
for both Danish and foreign students. All required readings are in
the English language and class discussions will be conducted in
English
The course focuses on the freedom of communication and the most
important restrictions on content, such as hate speech, racism and
incitement to violence, libel and defamation, breach of privacy or
confidentiality. Regulation of court and crime reporting will be
discussed, as well as specific journalists’ rights such as the
protection of journalistic sources and the rights of
whistleblowers. The protection of children’s interests is another
issue of particular attention. The central theme is the balancing
of freedom of expression and other human rights and interests.
Studies will be conducted regarding civil and criminal liability,
censorship and prior classification of content, regulation of
audiovisual media services and commercial communication, freedom of
political and artistic expression, responsible journalism and the
right of access to official documents. The analysis of the
Strasbourg Court’s case law will make the students aware of some
specific media law issues and characteristics in other EU-member
States and in other member states of the Council of Europe. The
course also analyses EU-law, such as the Audiovisual Media Services
Directive, the E-Commerce Directive (liability of ISP’s for illegal
content) and the Directive on Copyright in the Information Society
(from the perspective of the “free flow of
information”).
- Analyse the characteristics of national and
international media law and a profound understanding of the
relevant case law of the European Court of Human Rights.
- Put into perspective the case law of the European Court
of Human Rights with regard to freedom of expression and media
regulation.
- Compare the reasoning of the European Court with the
characteristics of national law and jurisprudence.
- Discuss the importance of freedom of expression in a
democratic society and put into perspective the interdependent but
also the ambiguous relation between freedom of expression and other
human rights.
- Explain the margin of appreciation in legitimizing
restrictions on freedom of expression and media regulation.
- Identify, analyse and discuss international
sources of media law and freedom of expression.
- Critically reflect on central issues of media law and
freedom of expression (and its limits).
- Present media law policy aspects and specific issues or
problems in media law in other EU-member States or in other member
states of the Council of Europe and explain these issues in a
broader context, systematically and with consistency.
- Reflect critically to all kinds of interferences by
public authorities in the freedom of expression and information,
taking into account the rights and duties involved regarding the
respect for other human rights and other (legal) interests.
- Explain, discuss, argue and present solutions
how to regulate or mediate the conflicting interests between
freedom of expression and right of privacy, freedom of religion,
presumption of innocence and fair trial interests, personality
rights, protection of secrecy and confidentiality, public security
interests, intellectual property rights, minority rights and
economic and commercial interests.
- Communicate and formulate their knowledge and arguments
professionally and linguistically correct and in a way that is
structured and coherent.
D. VOORHOOF, European Media Law, Collection of Materials 2014-2015, Knops Publishing, 2014.
T. Mc GONAGLE (ed.) and D. VOORHOOF, Freedom of Expression, the
Media and Journalists. Case law of the European Court of Human
Rights, Strasbourg, European Audiovisual Observatory, Iris Online,
2013, 404 p., e-book :
http://www.obs.coe.int/documents/205595/2667238/IRIS+Themes+III+(final+9+December+2013).pdf/2e748bd5-7108-4ea7-baa6-59332f885418
(free of charge)
Some articles, blogs or chapters in books will be made on line
accessible on Absalon (text document or link).
Students also prepare documentation or read some articles, policy documents or case law in advance.
Each session contains short presentations by students and interactive workshop.
Some sessions in February and March will offer the opportunity for consultancy on the synopsis.
Learning method in function of achieving learning outcome (cfr. supra) and being able to demonstrate the achievement of the learning goals in writing a paper (synopsis) and during the oral exam.
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
- Credit
- 10 ECTS
- Type of assessment
- Oral defence, 20 min under invigilationOral exam based on synopsis, 20 minutes
For more information on how to write a synopsis and practical information on this matter, see the website https://intranet.ku.dk/law/ma/studyprogramme/curricularulesandexemtions/Pages/default.aspx and go to study programme, go to curricula and regulations: regulations for synopsis in the master’s programme, or go directly to https://intranet.ku.dk/law/ma_adm/studyprogramme/curricularulesandexemtions/Documents/synopsis.pdf
A digital copy (word or pdf, with on the front page the name of the student, student number, title of synopsis and character count, title of course Media Law/Dirk Voorhoof, KU, Spring 2015) of the synopsis is to be send to dirk.voorhoof@ugent.be, ultimately on Friday 22 May 2015. The file you send has to be identified as follows: Familyname_Keyword(s)_MEDIALAW_CPH_Spring2015. The synopsis should be delivered in ONE file, including cover page, text, references and annexes.
Regarding approach, content, sources and methodology of the synopsis, further information will be given in class. Additional individual consultancy will be organised once the subject matter has been chosen or when the preparation of the synopsis has effectively started. - Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
- 15. - 19. June 2015 (preliminary dates)
Course information
- Language
- English
- Course code
- JJUA55007U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Spring
- Schedule
- Please see timetable for teaching time
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Trine Baumbach (14-76746b7067306463776f6463656a426c7774306d7730666d)
Lecturers
External lecturer Dirk Voorhoof