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 or terrorism, libel and defamation, intrusion of  privacy and breach of confidentiality. Regulation of court and crime reporting will be discussed, as well as specific journalists’ rights such as the protection of journalistic sources and newsgathering. 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, premonitoring and prior classification of content, broadcasting law and internet regulation, advertising regulation, freedom of political and artistic expression, freedom of expression and anti-terror policy, responsible journalism, freedom of expression for lawyers 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”).