B006921 - LAW OF COMMUNICATION

Italian

Electronic communications legal framework; audiovisual media services; freedom of expression; freedom of communication; media law; Internet and freedom of expression; copyright.

Stefano Mannoni , Millenarismo 2.0. Il diritto al cospetto della nuova era digitale, Editoriale scientifica, Napoli, 2016

Stefano Mannoni, Tv vs. Web, La televisione nella rete digitale, Editoriale scientifica, Napoli 2016

Zaccaria, Valastro, Albanesi, Diritto dell’informazione e della comunicazione, CEDAM, 2018
Capitoli I (L’art 21 e la libertà di informazione), Cap.II (L’art 15 Cost e la libertà di comunicazione), Cap. III (i limiti alla libertà di informazione e comunicazione), Cap VI (Internet e i contenuti on-line), Cap XVII (Diritto d’autore).

The aim of the course is to provide the student with the basic legal tools to understand the regulation of the media, both at national, European and international level. The course is structured into a series of lectures on the constitutional principles of information and communication law, on European legislation relating to the electronic communications and audiovisual markets, on the rules for the World Wide Web.

None

Lectures; interactive lectures and discussion of relevant case-law.

The course will be held online on GSuite.

Written test. Two open questions to be answered in one hour time.

NB: the exam will be in oral form and online (Meet) during the period of closure of the University because of the pandemic.

Module I: regulatory framework on electronic communications and audiovisual content. Particular attention will be paid to the governance and procedures for identifying the relevant markets in order to impose remedies. Analytical look at the impact of the Internet on regulation with regard to net neutrality.

Module II: Constitutional principles. Article 21 of the Italian Constitution (freedom of expression). Subjects and object of this freedom. The rule of law.
Constitutional principles for the press (prohibition of licenses and censorship; cases of seizure; media ownership transparency).

Media plurality.
External pluralism and market concentration; Internal pluralism; equal time in electoral campaigns

Access to the Internet.

Art. 15 of the Constitution: freedom and secrecy of correspondence and of any other form of communication.
Article 21 of the Constitution and art. 15 of the Constitution in the light of technological evolution.


Limits to freedom of expression.
The (explicit) limit of decency. The limit of honor. Defamation.
The freedom to inform and the right to report
The protection of honor as a limit to the exercise of the right to report, criticism and satire. Art. 51 criminal code.
The limit of privacy.
Protection of personal data. The new GDPR.

The secrets
Secrecy of investigations: art. 114 c.p.p.
Journalistic privilege (Article 2 of Law 69/63, art 200 criminal procedure code.)
Wiretapping; State spyware.
Public administration and freedom of information.

Journalistic profession: law 69 of 1963, deontology. Press crimes.

Law on the press.
Law n. 47/48
Responsibility of the editor in chief. Art. 57 criminal code.

Audiovisual sector legislation
The Audiovisual Media Services Directive
Consolidated Text on Audiovisual and Radio Media Services (TUSMAR)
Operators' common obligations in the audiovisual sector. User protection.
Events of particular relevance and short news reports
The right of reply
The protection of minors
Rules on advertising. Limits to advertising. Sponsorship and telepromotion. Teleshopping. Product placement
Anti-concentration regulation (Article 43 TUSMAR)

Public Service Media (PSM)
Protocol on the system of public broadcasting in the Member States, annexed to the Amsterdam Treaty of 1997
Mission and obligations of the PSM. Title VIII of the TUSMAR and the RAI-State service contract
The RAI governance (Article 49 TUSMAR)
The license fee for radio and television.

Web
Debate on the rules of the Internet: analogies and differences from the press.
Law n. 62/01 on new forms of editorial product and attempts to reform the sector.
Journalism and information on the web: editor in chief and online media
Analysis of relevant case-law.


E. commerce and liability of the Internet service provider (ISP) (legislative decree 70/2003)
Liability of the network intermediaries. Case-law and analysis of national and European policies
Mis- and dis- information online (so-called "fake-news" debate)
Right to be forgotten

Protection of domain names. Commercial practices on the net and competition rules.
Copyright.