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Media Law


Semesterangivelse: Forårs kursus Kurset udbydes i skemagruppe B1

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk
Skemagruppe: B1

Semester:

Spring
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvarlig: Morten Rosenmeier
Andre undervisere: External lecturer Dirk Voorhoof
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2012/2013
Undervisnings- periode: OBS! Every friday 10-14
1. day: Friday 8. february 2013
Formål: 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
Indhold: 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 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”).
Kompetence- beskrivelse:
The objective of the course is to enable the students to:
- 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.
Eksamensform: Oral exam based on synopsis, 20 minutes
A synopsis handed in after the mentioned dates will not be accepted. For more information on how to write a synopsis, see the website www.jur.ku.dk/English/ click on "Education", "Student Counselling" and then choose "Synopsis" or go directly to www.jura.ku.dk/students/exam/synopsis_exam/

The students also must send a copy of the synopsis in Word-format or PDF to the lecturer, at his email address, dirk.voorhoof@ugent.be , at the same deadlines as above.

Eksamen:
27. - 31. May 2013 (preliminary dates)
Kursus hjemmeside:
Kursus hjemmeside: Absalon / Media Law
Bemærkninger: A fair knowledge of the English language is a minimum requirement. Foreign students are invited to bring or organise access to relevant sources of their own national media and information law, as this material will also be used during the course.
Pensum: Media Law - Collection of Materials 2011-2012, approx. 340 pages:
Case Law, summaries on case law Art. 10 European Convention on Human Rights and selection of judgments of ECtHR and ECJ. Policy documents of the Council of Europe on Freedom of Expression, Media Law and the Information Society. EU-Directives on Audiovisual Media Services , E-Commerce and Copyright in the Information Society. Articles from legal journals on issues of Media Law.
Sidst redigeret: 2/1-2013



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