ELECTRONIC MEDIA LAW
Language of the course: English ECTS points: 4
No. of hours: 30 Hours per week: 2
Lecturers: Hrvoje Lisičar, Marko Jurić
Course description:
Main goal of the course is that students acquire thorough knowledge and deep understanding of the basic principles of modern legal regulation of contemporary electronic media, their services and technical foundations for broadcasting.
Students will also get insight to various methods of regulation of electronic media and their services (US and EU legal systems comparison) and influence of new technologies on electronic media and their future development.
Objectives:
This course is meant to help students in understanding the legal regulation of contemporary electronic media under the impact of new technologies with an accent on:
- acquiring thorough knowledge of basic principles of legal regulation of electronic media in Republic of Croatia and EU
- gaining general insight on the issues of regulation of electronic media
- gaining knowledge on comparative studies of various legal systems
- understanding regulatory framework for electronic media
- understanding the importance of ECJ case law in development of EU electronic media law
Outline:
1. Historical development, sources and competences, meaning and importance of electronic media, various aspects of regulation of electronic media
2. Development of electronic media in the context of information society, influence of high technologies on electronic media development
3. Convergence of technology, various forms of convergence, influence of convergence on legal framework for electronic media, technological neutrality of legislation for electronic media
4. Regulatory framework for electronic communications in the EU and Republic of Croatia – basic principles, terms, regulation of technical foundations for broadcasting of electronic media (frequencies, IPTV, universal access, interconnections)
5. Digital dividend and net neutrality – influence on regulation of electronic media services
6. Regulatory framework for electronic media – comparative analysis of EU and Croatian legislation
7. Audiovisual media services (linear services) and audiovisual media services on demand (non-linear services), different tiers of rules
8. Legal regulation of electronic publications as defined in Croatian Electronic media Act, comparative analysis of different approaches in regulation of electronic media content on the Internet
9. Audiovisual media services regulatory bodies, real and formal independency, various functions of regulatory bodies
10. Pluralism and diversity of electronic media in information society, importance of pluralism and influence of new technologies
11. Legal protection of broadcasting, conditional access, aggregation of content
12. Electronic media and right to privacy, protection of personal data in electronic media, how new technologies influence freedom of speech
Course delivery:
The course will be delivered in the summer semester, totaling 30 hrs. Lectures will be interactive and students are expected to prepare for each class. Involvement in discussion, individual presentations of issues of interest as well as the overall engagement in the coursework will contribute towards a higher grade.
Examination:
Final grade comprises of the following elements: end-term oral exam, class attendance, discussion and a short student paper.
Literature:
Required literature:
Castendyk, Oliver,Dommering, E. J.,Scheuer, Alexander,Böttcher, Kathrin: European media Law, Kluwer Law International, 2008. (elected chapters)
Harrison, Jackie Woods, Lorna: European broadcasting law and policy, Cambridge University Press, 2007 (elected chapters)
Creech, Kenneth C., Electronic media law and regulation, 5th edition, Boston, Focal Press, 2007. (elected chapters)
Collection of articles and book chapters that will be distributed thru the web pages and on lectures.
Required sources:
Croatian electronic media Act NN 153/09, 84/11
Croatian media Act NN 59/04, 84/11
Croatian electronic communications Act NN 73/08, 90/11
Audiovisual media services directive (AVMS) – Directive 2010/13/EU
Optional literature :
Hoffmann-Riem, W. (1996). Regulating media : the licensing and supervision of broadcasting in six countries. New York, Guilford Press.:
Owen, B. M. (1999). The Internet challenge to television. Cambridge, Mass., Harvard University Press.;
Angela J. Campbell (1999). "Self-Regulation and the Media " Federal Communications Law Journal Vol. 51- 3: 711-773.;
Australian Communications and Media Authority (the ACMA) (2011). International approaches to audiovisual content regulation— A comparative analysis of the regulatory frameworks Occasional paper, May 2011.;
K.U.Leuven – ICRI (lead contractor), et al. (2009). Independent Study on Indicators for Media Pluralism in the Member States – Towards a Risk-Based Approach, Final Report, Prepared for the European Commission Directorate-General Information Society and Media SMART 007A 2007-0002.;
Klimkiewicz, B. (2005). "Media Pluralism: European Regulatory Policies and the Case of Central Europe." European University Institute, Florence Robert Schuman Centre for Advanced Studies.
Gibbons, T. (2009). Regulating audiovisual services. Aldershot, Ashgate.
Sebastian, S. (2009). "The “Telecoms Review”: New Impetus for Audiovisual Media?" IRIS Legal Observations of the European Audiovisual Observatory IRIS plus 2009-10: (3-21).;
Holoubek, M., et al. (2007). Regulating content : European regulatory framework for the media and related creative sectors. Alphen aan den RIjn; Frederick, MD, Kluwer Law International ;
Optional sources:
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
E-commerce Directive (2000/31/EC)
"Framework" Directive (2002/21/EC);
"Access" Directive (2002/19/EC);
"Authorisation" Directive (2002/20/EC);
"Universal Service" Directive (2002/22/EC); and
"E-Privacy" Directive (2002/58/EC).
Case law (ECJ and ECHR)