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: law on the press, publishing and broadcasting companies between freedom and regulation and associated contractual autonomy's limits;
• freedom of information and right to be informed;
  

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

Readings/Bibliography

- 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);

- Berti, Lezioni di diritto dei mass media, Esculapio, 2010, (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.

Assessment methods

The exam

The exam aims to test the knowledge of the teaching and lecture's subjects. The exam will take place exclusively in oral form and will involve all the matters treated during the course. Only the students that will attend the lessons could have the option to sustain an intermediate exam - in April or in May- in oral form regarding the matters treated until that period. For those students the second part of the examination will take place within February 2020. The final evaluation will be based on the results of both exams.

The active and profitable participation of the student to the seminar activities and to the exercises carried out during the course will be taken into account in the outcome of the exam.

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 ALMA DL 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