The aim of the course is to introduce the student to the study of the legal principles that govern the media system in Italy and Europe, in order to understand its historical evolution, the current structure and the prospects for development, in particular with regard to the problems posed by new information and communication technologies. The principles of the constitutional text, the European Convention on Human Rights and the charter of fundamental EU rights, freedom of expression and information and the balance between it and personal rights (identity, dignity and confidentiality) will be studied. Particular attention will be given to the contribution made by national, EU and European legal traditions, including through case study and sentencing analysis. Teaching is fully consistent with the objectives of the Course of Study, since the legal dimension is an integral part of the historical, social and cultural context within which the study of the tools and forms of multimedia communication must be conducted and addressed from a humanistic perspective.
Expected learning outcomes
The course aims to guide students in the acquisition of the essential legal knowledge in order to address the many problems that arise from the conflict between the rational of freedom of expression and information and the goods and values that are opposed to it, personal rights to dignity, identity and confidentiality. Students will thus be able to gain a richer and deeper awareness of the media's impact on society and on the personal rights, which will help in the study of historical evolution, and in the reconstruction of the current framework of the system of analysis for future prospects. By the end of the course, the student must also have acquired the ability to frame, in fundamental legal terms, the conflicting situations that may arise in the exercise of professions related to the world of communication, identifying principles and rights at stake, proposing possible solutions and analysing their advantages and disadvantages.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
The course deals with the main issues of information and communication law under the perspective of constitutional and supranational principles. A specific analysis is devoted to the legal issues of new technologies of information and communication.
The first unit (Unit A: 20 hours, 3 DFU) is focused on freedom of expression and its limits: the protection of freedom of expression in Italian Constitution, ECHR and the Charter of Fundamental Rights of the EU; the freedom of information, critique and satire; freedom of expression and protection of personality rights (reputation, personal identity, privacy); freedom of expression and personal data protection; public decency protection, hate speech and crimes against the State and the public order; advertising and intellectual property law.
The second unit (Unit B: 20 hours, 3 CFU) is dedicated to the study of the media system and its principles (plurality, competition ad public intervention) and to the discipline of the specific medias: the legal framework of journalist profession and the protection of the sources, press law, internet law, broadcasting law and the public broadcasting service.
Prerequisites for admission
No preliminary legal knowledge is required.
The course consists of traditional lectures, in which particular attention will be paid on the analysis and comments of the case law. Class attendance, even not mandatory, is highly recommended.
Attending students: Unit A: G. E. Vigevani, O. Pollicino, C. Melzi d'Eril, M. Cuniberti,. M. Bassini, Diritto dell'informazione e dei media, Giappichelli, Torino, 2019, parte I, pagine 1-203. Unit B: G. E. Vigevani, O. Pollicino, C. Melzi d'Eril, M. Cuniberti,. M. Bassini, Diritto dell'informazione e dei media, Giappichelli, Torino, 2019, parte II, pagine 241-354. Non attending students: Unit A: G. E. Vigevani, O. Pollicino, C. Melzi d'Eril, M. Cuniberti,. M. Bassini, Diritto dell'informazione e dei media, Giappichelli, Torino, 2019, parte I, pagine 1-237. Unit B: G. E. Vigevani, O. Pollicino, C. Melzi d'Eril, M. Cuniberti,. M. Bassini, Diritto dell'informazione e dei media, Giappichelli, Torino, 2019, parte II, pagine 241-421.
Assessment methods and Criteria
The final exam will be oral and it will be aimed to test the knowledge and the judgment capacities of the student. Students attending class can choose to take a written test at the end of the course. Erasmus Incoming Students will be able, if they want, to take the final exam in english, contacting previously the teacher to arrange a specific program. Students with disability and learning disability are invited to contact the teacher to agree specific modalities of examination.