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, disrespecting 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. 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, broadcasting law,
advertising regulation, freedom of political and artistic
expression, freedom of expression and anti-terror policy,
responsible journalism, freedom of expression on internet, freedom
of expression for lawyers, whistleblowing 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), the Directive
on Copyright in the Information Society (from the perspective of
the “free flow of information”) and the Personal Data Protection
Regulation 2016/679 (in relation to journalism and freedom of
expression and 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 et al. and T. Mc GONAGLE (Ed. Sup.), Freedom of Expression, the Media and Journalists. Case law of the European Court of Human Rights, Strasbourg, European Audiovisual Observatory, Iris Themes, e-book, actualized version 2016/2017 (forthcoming), free of charge available on http://www.obs.coe.int/en/iris-themes.
Other material (policy documents of the Council of Europe,
Committee of Ministers and Parliamentary Assembly and of the EU,
including some EU-directives (Audiovisual Media Services, Copyright
in Information Society, E-Commerce) and the EU Regulation are
all online available, with links in the documentation on
Absalon.
Some articles, blogs or chapters in books will be made on line
accessible on Absalon (text document or link).
Optional : D. VOORHOOF and E. LIEVENS, European Media Law
2016-2017, Collection of Materials, Knops Publishing,
2016, 294 p.,
http://www.mijnwetboek.be/en/producten/European-Media-Law-2016-2017
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
Enrolling as a Single Master Level/ Credit Student:
For Single Master Level Courses – click here!
For Single-subject credit students - click here!
For further
information
- Credit
- 10 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam based on synopsis, 20 minutes
For more information on how to write a synopsis and practical information on this matter, see https://intranet.ku.dk/law/ma/study_messages/Pages/Newguidelinesforthesynopsisexam.aspx
Regarding approach, content, source, methodology, form and date of delivery of the synopsis, 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. - Exam registration requirements
In order to attend the oral examination, it is a prerequisite to hand in the synopsis before the specified deadline.
The deadline is May 12.- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Spring: May 29 - June 2, 2017 (preliminary dates)
- Re-exam
Please see "Academic calendar" on KUnet.
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
- Price
DKK 10.000
- Study board
- Law
Contracting department
- Law
Course responsibles
- Trine Baumbach (14-76746b7067306463776f6463656a426c7774306d7730666d)