90132 - Information and Media Law

Learning outcomes

At the end of this class the students acquire the knowledge and the juridical tools useful to understand the dynamics of our political and institutional system and to work in the field of information and media At the beginning the course focuses on the analysis of the legal method and the study of our constitutional system. In the second part, also through the study of cases, students learn the rights, duties and limits related to the freedom of press and speech, as well as the legal framework that regulates the sector of traditional media (press, radio and television and telecommunications), the new media (rights to the network and rights on the net), and the show business (cinema and theater).

Course contents

MODULE 1

 

Part I – Institutions of Public Law

This first part explores the essential institutions of public law.

 

Introductory Concepts

• The State: concept and constituent elements (people, territory, sovereignty)

• Forms of the State

• Unitary State, Federal State, Regional State

• Forms of Government

The Legal Sources System

• Hierarchy, division of competences, chronology

• The Constitution of the Italian Republic

• Ordinary laws and acts having the force of law

• Government regulations

Overview of the EU Legal System

• EU legal sources

• EU institutions

• The European Constitution and other EU sources

Constitutional Bodies

• The electorate and electoral systems

• The Parliament

• The Government

• The President of the Republic

• The Constitutional Court

• The High Council of the Judiciary (CSM) and the judiciary

 

Part II – Freedom of Information and Communication

This second part examines the constitutional provisions underlying freedom of information and communication, with a specific focus on press freedom and its expressions (court reporting, criticism, satire, interviews). Conversely, the explicit and implicit limitations of these freedoms are also analysed. Particular attention will be paid to the emergence of "new rights" in light of technological developments.

 

Freedom of Expression

• Pre-constitutional and comparative formulations of the right

• Article 21 of the Italian Constitution

• Structure of the provision

• Subjective and objective aspects

• Connections and distinctions with other constitutional rights

• The negative freedom of expression: the right to silence

The System of Limitations on Freedom of Expression

• Explicit limitation: public morality (para. 6)

• Civil and criminal interpretations of “public morality”

• Defining characteristics of obscenity

• Implicit limitations

• Admissibility of implicit limitations and interpretation of Article 2 of the Constitution

• The interpretative and balancing role of the Constitutional Court

• Classification of implicit limitations

• Limitations based on honour and dignity in journalistic reporting

• Justification under Article 51 of the Criminal Code and the "journalists' decalogue"

• Criticism

• Satire

• Interview

• Other limitations to the right to information: the right to privacy

• Continued: the right to one's image

• Continued: the right to personal identity

• The right to be forgotten

• The legal regime of secrecy for the protection of public interests

The Right to Be Informed and to Seek Information

• The right to be informed as a social right

• Pluralism of information and the right to information

• The right to seek information

• The right and duty to be informed

• The right of access to information (overview)

Freedom of Correspondence and Communications

• Relationship between Articles 21 and 15 of the Constitution

• Article 15 of the Italian Constitution

• Right-holders and the object of the right

• Scope and requirements of communications

• Protection of confidentiality and choice of communication means

• Wiretapping

 

MODULE 2

Part III – Media and the Internet

This part addresses the main legal frameworks governing various sectors of information and communication (press, terrestrial broadcasting, telecommunications, internet), along with the role of regulatory and oversight bodies.

 

The Press

• Historical overview

• From the Press Law (Law 47/1948) to the Law on Editorial Products (Law 62/2001)

• The Communications Operators Register and competition rules in periodical publishing

• Publishing companies

• Journalists’ rights and duties

• Financial support for the press (overview)

• Regulation of the Order and Register of Journalists

Radio and Television Broadcasting

• Historical overview

• The role of the Constitutional Court in shaping the broadcasting system

• The European Union and broadcasting regulation

• Broadcasting and advertising

• Satellite television

• Competition rules in the traditional television market

• The Gasparri reform and the Integrated Communications System

• Competition rules in the digital broadcasting market

• The Consolidated Act on Audiovisual and Radio Media Services

• Audiovisual media services and platforms

Electronic Communications

• Historical overview

• EU legislation and market liberalisation

• Italian telecommunications law

• OTTs and telecom operators (TELCOs)

• Service-level competition

• Infrastructure-level competition

The Legal Regulation of the Internet

The Right to Access the Internet

• Economic value and legal significance of data

• The right of access to the internet

• Digital divide and countermeasures

Law in the Digital Sphere: Theories and Practice

• The theory of self-regulation

• Digital rights charters

• Lessig’s Pathetic Dot Theory

• Jurisprudential solutions

• "New rights"

Legal System, Actors, and Challenges of the Digital Market

• Net Providers, Content Providers, and Service Providers

• Digital platforms

• Gatekeepers

• Big Data

• Net neutrality prospects

• Blockchain technology

• Legal truth, factual truth, and fake news

 

Part IV – Freedom of Culture and Artistic Expression

This section analyses the constitutional provisions relating to artistic and cultural freedom, with a focus on a unified reading of various provisions and the role of aesthetic and cultural value within the Constitution. The section also examines the limitations on these freedoms, especially the relationship between art and obscenity.

 

• Law and artistic production

• Constitutional principles on art and culture

• Article 9 of the Italian Constitution

• Promotion, development, and protection of culture

• Aesthetic-cultural value as a foundational principle of the legal system

• Article 33 of the Italian Constitution

• Freedom of art, science, and their teaching

• Artistic freedom as a positive freedom

• Cultural pluralism

• The system of limitations on artistic expression

• Art and obscenity

• Connections between limitations under Article 21 and Article 33

 

Part V – The Performing Arts: Cinema, Theatre, and Live Performance

This section provides an overview of the legal framework governing cinema, theatre, and live performance, focusing on the distribution of powers between the State and the Regions, and on the direct and indirect public interventions supporting the sector. Special attention is given to the regulation of the Single Fund for the Performing Arts.

 

• Historical overview

• Role of the State and governing bodies in the performing arts and cinema

• Key features of theatre legislation

• The special status of opera foundations

• Legal support for cinematography

• Direct intervention: institutions supporting cultural promotion policies

• Indirect intervention: National Fund for Live Performance, Fund for the Development of Film and Audiovisual Investments, and other economic support mechanisms

 

NOTES

For students enrolled in the BA programme in DAMS (6 CFU), the programme is limited to Module 2 – Parts III, IV, and V.

Students with Specific Learning Disabilities (SLD) or Temporary/Permanent Disabilities:
Students are encouraged to contact the University’s dedicated office as early as possible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) and to get in touch with the course instructor in order to identify the most effective strategies for attending the course and preparing for the exam.

Readings/Bibliography

For the students of Scienze della Comunicazione (12 CFU)

1. R. Bin e G. Pitruzzella, Diritto pubblico, Giappichelli, 2024, limited to Percorso 1, Chapters I, II, III, IV e Percorso 2, chapters I, II, III, VII, VIII, IX.

or, as an alternative
A. Barbera e C. Fusaro, Corso di diritto pubblico, ed.2024, Il Mulino limited to chapters I, II, III, V, VI, VII, VIII, IX, X, XI, XII, XIII, XVI, XVII.

This book is available also in an online version, see https://youtu.be/Cx2DHcCbLe8

As support, for this part at foreign students it’s recommended G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2022, limited to chapters 1,2,3,4,5,7,8,9,10,11,12,13,14.

2. G. Gardini, Le regole dell'informazione. Pluralismo e libertà nell’era dell’intelligenza artificiale, VI edizione, Giappichelli, ed. 2024.

3. F. Rimoli , voce L'arte, in S. Cassese (a cura di) Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo II, pag.1513 e ss. (on Virtuale)

limited to paragraphs 1.1, 1.2, 1.3, 2.1, 2.2.

__________________

For the students of Discipline delle Arti Figurative, della Musica, dello Spettacolo e della Moda (6 CFU)

1. G. Gardini, Le regole dell'informazione. Pluralismo e libertà nell’era dell’intelligenza artificiale, VI edizione, Giappichelli, ed. 2024

limited at chapters 5, 6, 7, 8, 9, 12.

2. F. Rimoli , voce L'arte, in S. Cassese (a cura di) Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo II, pag.1513 e ss. (su Virtuale)

limitatamente ai paragrafi 1.1, 1.2, 1.3, 2.1, 2.2.

_________________________

For all students

It is recommended to read some of the laws and Court decisions presented in class (on Virtuale)

Teaching methods

The course is taught in frontal lessons.

Attendance at lectures is strongly recommended, especially for students who do not have university-level legal knowledge.

Attendance in the classroom will be randomly checked to qualify students as "attending" students, and allow them to access the preliminary written test in simplified form (see the section Learning assessment methods)

A seminar on the method and tools of legal research is foreseen, the attendance of which is compulsory for students who intend to support their degree thesis in this subject.

There will also be some seminars aimed at deepening the knowledge of particularly relevant or topical aspects, to which scholars, representatives of institutions, professionals and experts in the field will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAMINATION (for students of the Italian language)

The examination takes place on the first day of roll call.

The examination consists of two parts, the first with 20 multiple-choice questions and the second with 3 open answers.

The multiple-choice test is preliminary and preparatory to the second part of the exam: it is passed with an evaluation of 15/20. For attending students, this preparatory test is considered passed with an evaluation of 12/20.

The final evaluation is determined by the result of the open-ended examination alone, which is the same for all students.

Therefore:

- if a student does not answer at least 15 questions in the first part (or 12, if attending), he/she will not be able to take the second part, thus finishing his/her test.

- if a student answers exactly at least 15 (or 12, if attending) of the first part, he/she continues his/her examination by taking the second part. The board will correct and assess the open questions.

The number of seats in the lecture room is limited, so students will be divided and called in several turns following alphabetical order. The time and place where they will take the test will be communicated by e-mail.

2. OPTIONAL ORAL EXAM

If a student passes the written exam, he/she can ask to have an oral exam to try to improve the final grade.
In this case he/she has to send a request to dar.didatticadonati@unibo.it in 48 hours by the publication of the written exam evaluation.

A date for the oral exam will be communicated asap.

If the student does not ask for the oral exam in 5 days the evaluation will be automatically recorded.

3.EXAMINATIONS FOR NON-ITALIAN-SPEAKING STUDENTS

Non-Italian-speaking students have the opportunity to take the oral examination on the day of the written test. They have to:

- book themselves by sending an e-mail to dar.didatticadonati@unibo.it

- register for the written examination.

Students with SLD or temporary or permanent disabilities. It is necessary to contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) with ample time in advance: the office will propose some adjustments, which must in any case be submitted 15 days in advance to the lecturer, who will assess the appropriateness of these in relation to the teaching objectives.

Teaching tools

Further course materials will be available on "Virtuale".

Links to further information

https://www.unibo.it/sitoweb/daniele.donati/

Office hours

See the website of Daniele Donati