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Module details for 2022/23.

15 credits

FHEQ Level 6

Module Outline

This 15 credit module, taught over one term, will introduce students to the legal issues concerned with the mass media. Domestic legislation considered includes the Defamation Act 2013, Human Rights Act 1998 and Communications Act 2003, as well as the Communications White Paper 2013. It considers Articles 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms, and freedom of expression and privacy issues and policy as implemented through case law at the European Court of Human Rights. It will examine European Union case law, the Charter of Fundamental Freedoms, and media regulatory practice in the European Commission, in particular the Audiovisual Media Services Directive (AVMS) 2010/13/EU. In various elements, it makes comparisons with United States regulatory practice, case law and the First Amendment to the Constitution, and other constitutional approaches to free speech.
Before considering any substantive legal issues, we address freedom of expression, what it might mean at a theoretical level and why it is perceived as important. A significant question is who has rights (whether freedom of expression or privacy) and as well as the issue of against whom they may be enforced. What is significant in the context of this module is that the media, as well as having rights - notably freedom of expression - may also infringe the rights of others, especially privacy. The module will focus on the tension between protection of reputation and freedom of expression.
The module will begin, therefore, with a discussion of the various schools of thought about the application of law to the Internet. It will also familiarise students with the history of communications legislation in the United Kingdom, as well as essential case law. Students will be made familiar with the dual role of communications network users as both consumers and citizens, and the economic and human rights arguments pertinent to each category. This will prepare students for later discussion of the case law and legislation of the European Union and the Council of Europe, as well as comparative analysis of US legislation and case law.

Module learning outcomes

Demonstrate ability to plan and present a short schematic of a contemporary problem in mass media law, including leading and contemporary sources.

Demonstrate a familiarity with the competing philosophical perspectives on the application of law to mass media.

Demonstrate recognition of how the laws that pertain to the regulation of the mass media reflect both economic and rights-based (such as privacy and freedom of expression) issues.

Demonstrate an applied knowledge of the concepts of mass media, the solution to liability concerns for different categories of publishers and authors, and the comparative enforcement of laws pertaining to defamation and privacy.

View timetable

Timing

Submission deadlines may vary for different types of assignment/groups of students.

Weighting

Coursework components (if listed) total 100% of the overall coursework weighting value.

How to read the week pattern

The numbers indicate the weeks of the term and how many events take place each week.

Dr Judith Townend

Assess convenor, Convenor
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