COMMUNICATIONS LAW AND REGULATION

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M121650
Module Leader n/a
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January start)

Pre-Requisite Knowledge

None

Summary of Content

This module introduces the student to regulation of ownership of communications media and their activities and the legal constraints on what information such media may obtain and disseminate. In particular it examines contemporary issues in communications and media law, such as appropriate and effective regulation of competition in the light of convergence of various forms of communications media and regulating dissemination of information in the light of the emergence and growth of the internet.

Syllabus

1. The Scottish legal system (delivered via directed learning) - how law is made - how crime is prosecuted - how disputes are resolved - the role of the media in reporting 2. Structure and regulation of communications media - Legal context and Licensing - Funding - regulation of advertising, sponsorship, product placement - Governance : Government; Law, Regulation and self-regulation - Communications - a human right? - Ownership; distribution; competition considerations - Regulation of broadcast standards: programmes - Political speech: advertisements; elections/referenda 3. Regulation of dissemination of substantive content - freedom of expression - defamation - contempt of court - restrictions on reporting government and the courts - copyright and passing off - privacy and confidential information - unlawful interception of information and data protection - Freedom of Information - taste and decency - advertising 4. Jurisdiction issues - international dissemination - regulation of the internet

Learning Outcomes

At the end of the module the student should be able to:1. evaluate regulation of communication media ownership in respect of competition issues2. identify and synthesise the legal issues arising in practical problems3. apply legal methodology to evaluating regulation of substantive content of media products4. appraise and synthesise legal concepts so as to construct a persuasive argument using recognized legal sources in justifying their application to a given set of facts5. communicate confidently with legal experts on a range of legal matters6. update their acquired knowledge in order to keep pace with changes in relevant areas of law7. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference.8. Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.

Teaching / Learning Strategy

The module will be delivered via a combination of lectures, seminars and directed learning. Students will attend three hour long lectures per week and one two hour seminar per fortnight over a twelve week period. Lectures will commence during week one and seminars will commence during week three. Lectures will concentrate on introducing the students to the legal concepts and regulatory structure. Students will be required to apply this to specific areas of black letter law by directed learning activities. Students will be expected to consider prescribed case studies prior to seminars, so as to be able to discuss issues in groups or within teams. Seminar programmes will distinguish between the different degree programmes accessing the module and will be tailored to match the requirements of students undertaking respective degree programmes.

Indicative Reading

Essential Reading: McInnes, Rosalind, 2010. Scots Law for Journalists, 8th ed, Edinburgh: W. Green OR Carey, Media Law , 5th ed, Sweet & Maxwell, 2010 OR Hadwin & Bloy, Law & The Media , Sweet & Maxwell, 2 nd ed, 2011 Other Reading: Armstrong, Broadcasting Law , Palladian, 2010 Banks & Hanna, McNae's Essential Law for Journalists , 20 th ed, OUP, 2009 Barendt, Freedom of Speech , 2 nd ed, OUP, 2007 Barendt & Hitchens, Media Law, Cases & Materials , Longman, 2000 Barendt et al, Libel and The Media; The Chilling Effect , OUP, 1997 Black, Publicity Rights & Image: Exploitation & Legal Control , 2011, Hart Publishing Bleakley et al , Intellectual & Media Law Companion , 4 th ed., Bloomsbury, 2010 Boyfield, Regulating Communications: The Future Regulation of UK Communications and Broadcasting , European Media Forum, 2006 Caddell & Johnson, Blackstone's Media Law Statutes , 3 rd ed, OUP, 2010 Carey, Data Protection - A Practical Guide to UK and EU Law , 2 nd ed, OUP, 2004 Carey & Turle, Freedom of Information Handbook , 2 nd ed, Law Society, 2008 Christie, Moreham & Warby, Tugendhat & Christie: The Law of Privacy & The Media , 2 nd ed, OUP 2011 Clayton & Tomlinson, Privacy & Freedom of Expression , 2 nd ed, OUP, 2010 Collins, The Law of Defamation and the Internet , 3 rd ed, OUP, 2010 Crook, Comparative Media Law & Ethics , Routledge, 2010 Crown & Farmer, Advertising Law & Regulation , 2 nd ed, Bloomsbury, 2010 Feintuck & Varney, Media Regulation, Public Interest & The Law , 2 nd ed, Edinburgh University Press, 2006 Fenwick & Philipson, Media Freedom Under The Human Rights Act , OUP, 2006 Gibbons, Regulating the Media , 2nd ed, Sweet & Maxwell, 1998 Goldberg et al , Media Law & Practice , OUP, 2009 Kenyon et al , New Dimensions in Privacy Law: International and Comparative Perspectives , CUP, 2006 Nicol, Millar & Sharland, Media Law and Human Rights , 2 nd ed, OUP, 2009 Nihoul & Rodford, EU Electronic Communications Law , OUP, 2004 Nikolinakos, EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors , 2006, Kluwer Law International Quinn, Law for Journalists , 3 rd ed, Pearson Longman, 2011 Reid, Personality, Confidentiality and Privacy in Scots Law , W Green, 2010 Robertson & Nicol, Media Law , 5th ed, Sweet & Maxwell, 2007 Rozenberg, Privacy and The Press , OUP, 2005 Smartt, Media and Entertainment Law , Routledge, 2011 Spilsbury, Media Law , Routledge, 2003 Tomlinson, Privacy & The Media , Matrix Chambers, 2002 Wadham, Griffiths & Harris, Blackstone's Guide to the Freedom of Information Act 2000, 4 th ed, OUP, 2011 Whitty & Zimmerman (eds), Rights of Personality in Scots Law , DUP, 2009 Wylie & Crossan. Introductory Scots Law, Theory & Practice , 2 nd ed, Hodder Gibson, 2010 Useful websites: www.scotcourts.gov.uk <http://www.scotcourts.gov.uk> www.scotland.gov.uk <http://www.scotland.gov.uk> <http://www.guardian.co.uk/media/medialaw> <http://www.pressgazette.co.uk/> <http://www.holdthefrontpage.co.uk/day/law/lawindex.shtml> http://www.legislation.gov.uk/ www.itspublicknowledge.info <http://www.itspublicknowledge.info> www.informationcommissioner.gov.uk <http://www.informationcommissioner.gov.uk> news.bbc.co.uk <http://www.bbcnews.co.uk> www.westlaw.co.uk <http://www.westlaw.co.uk> -720 Newspapers: Monday's Guardian; Tuesday's The Times; The Scotsman; The Herald

Transferrable Skills

Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering coursework b7 Answering questions in the final examination Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Preparing for lectures b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and participating in seminars/tutorials b7 Preparing for final examination Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering coursework b7 Reflecting on feedback from seminar contributions, coursework and examination performance b7 Preparing for final examination b7 Answering questions in the final examination Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering coursework Preparing for final examination

Module Structure

Activity Total Hours
Lectures (FT) 36.00
Private study 60.00
Directed learning 20.00
Assessment (FT) 40.00
Seminars (FT) 10.00
Independent Learning (FT) 34.00
Lectures (PT) 42.00
Independent Learning (PT) 38.00
Assessment (PT) 40.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 3.00 60.00 35% Unseen Exam
Coursework 0.00 40.00 35% essay - 1800 words