30001 - Communication Law

Learning outcomes

The aim of the course is to allow the student to achieve an adequate knowledge of the most important communication law's profiles, with particular attention to the communication in the fields of journalism, advertising, Internet and enterprise, and with an overview on the self-disciplines compartment.

The course will include also moot courts in order to take into analysis real case study

Course contents

The course will explore the civil profiles of the communication law with an eminently seminar form and through the analysis of materials provided to the participants gradually. The teaching method will boost the study of practical cases, using the technique of the simulated trial (moot courts approach).

The following areas will be subject of study:

Communication in journalism, radio, television and mass media:

• Freedom of speech and communication liability, inhibitory remedy's limits and damages' extent;
• communication liability, property and non-property damage from the media and private penalties;
• liability of the newspaper's journalist, publisher and editor in chief;
• journalists' codes of conduct and self-disciplines; journalistic activity and provisions concerning the treatment of personal information;
• rights of opinion, criticism and news; freedom of expression and human rights;
• regulatory framework for the press; publishing and broadcasting companies between freedom and regulation and associated contractual autonomy's limits;
• freedom of information and right to be informed;
• the main telecommunications rules, especially in the field of telephony and mobile telecommunications and in the field of television.
  

Advertising communication:

• advertising communication and expression of thought: the scope of different constitutionally guaranteed individual liberties;
• the problem of self-disciplines in general and of advertising self-disipline in particular. The issue of the so-called self-disciplines of journalism;
• advertising contracts, sponsorship contracts, merchandising contracts;
• misleading and comparative advertising, subliminal and editorial advertising; product placement; social advertising;
• misleading advertising and purchase of consumer goods; advertising and product liability;
• advertising liability, unfair competition and tort: damages, inhibitory remedies and imposition of corrective communication;
• advertising self-discipline: the commercial communication's code of self-discipline, the "Giurì", adherence to advertising self-discipline and harm of the non-members rights in connection with the self-regulatory processes; the advertising self-discipline's legal nature; the control of the Judge on the self-disciplines pronunciations;
• advertising and antitrust Authority; Authority and unfair commercial practices;
• advertising communication and collective and widespread interests' harm

Internet and telematic Communication

• Online communication and advertising;
• Online and mobile advertising;
• Online journalism;
• Internet and the liability regime;
• Computer privacy;
• Legal issues related to communication via social networks
• Fake news between freedom of speech and liability.

Readings/Bibliography

- B. Grazzini, Manuale di diritto della comunicazione, in course of publication

or alternatively

- AA.VV, Commentario al Codice di Autodisciplina Pubblicitaria, a cura di U. Ruffolo, Giuffré: Commento alle norme preliminari e generali (pp. 4-48); Commento all'art. 2 (pp. 71-116); Commento all'art. 7 (pp. 179-201); Commento all'art. 13 (pp. 256-283); Commento all'art. 15 (pp. 294-312);

and

- Berti, Lezioni di diritto dei mass media, Esculapio (pp.1-73).

During the semester will also be suggested the latest readings on the topics treated from time to time and will be provided additional material (i.e. law texts and jugments) in order to facilitate the learning curve

Teaching methods

As previously mentioned the course will include also moot courts and analysis real case study. Attendance is not mandatory; however taking the exam without attend the lessons would have no sense because the structure and the intent of the course, which aims to offer to the students, particularly attracted from the issues of communication law, the possibility of working together with the teacher supervision. They will touch concrete case studies of communication liability and advertising fairness, examining and discussing concrete materials, even with the use of simulated trials.

In parallel to the lessons, one or more practices will take place to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Assessment methods

The exam

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

• knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language →18-19;
• knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24;
• comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-28;
• extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 29-30-30L.
  

Only students who participate in lessons will have the opportunity to take an intermediate exam - in April or May- in oral form on the topics covered up to that period. For these students the second part of the exam will take place by February 2024. The final evaluation will be based on the results of both exams.

Active and profitable participation of the student to the seminar activities and to the exercises carried out during the course will be taken into due consideration in the final evaluation.

Thesis

The students that will show particular attitude and commitment for the matters treated could perform the graduation thesis. The thesis subject will be chosen in accordance with the professor, taking into account the student’s interest and attitude.

Teaching tools

Any appropriate teaching material (also available on on-line web site) meant to support the theorical study of the subject as well as the one in instrumental support to the students' partecipation to the tutorials and the simulated trials which will be carried out within the course will be distributed or pointed out during the lectures.

Office hours

See the website of Barbara Grazzini