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what is Media Law?
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all legal issues and legal regulations (statutes, case law, international treaties) that relate to the media (press, book, radio, television, film, internet) or result therefrom.
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Media Law=?
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information law = to acquire, process and convey information.
however, also affects the prerequisites and consequences of conveying information. |
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Broadcasting law
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national laws and regulations as well as international treaties that regulate the freedom of reporting, tasks, approval, organisation, state supervision, financing and journalistic principles of television and radio.
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Press law
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general legal relations of press rules.
all periodically published print products, especially 1- freedom of press 2- the right of journalist to give info about sources 3-obligation to publish and print 4-obligation to publish counterclaims to false factual allegations. 5- Regulations on limiting the freedom of press in order to protect privacy rights |
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Telecommunications law
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Regulate the technical processes of sending, transmission and reception of signals through corresponding technical systems in the telecommunications sector.
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Multimedia law
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Legal regulations covering so-called “New Media”, which compared to customary media, are characterised by digitisation.
By means of the internet, all these services can fundamentally be brought into play as wished, and in particular the internet enables interactivity. |
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Copyright law
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protect intellectual works of literature, science and art, such as novels, paintings, music, films, academic papers and buildings.
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Basic Principles of freedom of the press and broadcasting
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Art 19 Human rights universal declaration in 1948
but this is a declaration not a bingin contract or license |
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Basic Principles of freedom of the press and broadcasting
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Art. 19 of the „International Covenant on Civil and Political Rights” (1966)
1- Everyone shall have the right to hold opinions without interference. 2- Everyone shall have the right to freedom of expression. The International Covenant on Civil and Political Rights applies to 161 states (Germany since 1973, the USA since 1992) and is for these states a binding international treaty right. |
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International media law =regulates cases relating to media.
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1-distribution of transmission – and radio frequencies (telecommunication),
- trade with media-relevant goods (such as PCs, technical installations), - for services (such as film production, software), - protection of intellectual property (copyright law, trademark law) etc. • Broadcasting regulations (television, radio) |
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European Court of Human Rights (ECtHR) in Strasbourg
it guarantees rights to freedom of the media; they judge and does orientation on similar cases. |
Every citizen can issue claims regarding the violation of their rights by a signatory state, especially regarding violations of their freedom of opinion and information (Art. 10 ECHR).= all medial forms of human communication.
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legal questions regarding journalists‘ work
topic *Limitations: national laws, false information/allogations, privacy rights. *Limitations: the journalist is not obliged to issue false reports or to label reports with his/her name, if the journalist can not reconcile the report with his/her conscience. |
-research: May information be used, which has been obtained illegally by another person?
-yes it may, if for the disclosure of political grievances or societal injustices or in the case of an overwhelming public interest. -no if it affects private affairs. -generally it may, but: not everything may be disseminated if filmed or foto. Is reporting based on a suspicion permitted? – Suspicion = reference point only, no evidence but if he came across with any bribary therefore it can be shown the one involved is corrupt |
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Drafting a report/ Creating a story
*the more a person is affeted by a report, the more the sources must to be examined. +Preservation of the right of privacy: concert example. **Reports on celebrites (politicians, economic leaders, actors, musicians, atheletes, aristocrats, public figures etc.) = spouse/partner: reporting permitted, if he/she enters the public voluntarily; children: reporting never permitted. ****When it comes to Art.10 ECHR, the ECtHR differentiates between: – politicians → very strong public interest in information , – Other public figures → increased public interest in information, – ordinary persons → no public interest in information. |
4 Counterclaims after publication
1 when a person is bad affected by the media they can react with : correction=revocation=corrective statement – counterstatement= must be published in the same spot and in the same size/appearance as the first report – forbearance = prerequisite: report was illegal, which means the aggrieved party has been violated in his/her right to privacy – compensation for damage/ compensation for pain and suffering. |
