Friday, 11 December 2015

session 12. challenges and opportunities for contemporary media law.

The changing media landscape, locally and globally, brings with it certain challenges and opportunities for law and for media law in particular. As we could repeatedly see, it is very often the case that the toolbox of media regulation has not been yet adjusted (or not appropriately adjusted) to the changed (and changing) environment of 'old' and digital media, of convergence, of new patterns of business and consumer behaviour and new modes of cultural content production, distribution and access.
There is a host of topics that would qualify as falling under the broad category of challenges and opportunities to media law. We will only be able to tackle a tiny bit of those.
With the purpose of balancing the overall contents of the course and addressing some issues that were not sufficiently discussed until now, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will pay specific attention to the processes of expanding copyright at the national, regional and global levels, and at the so-called copyright wars against the so-called piracy. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence, as well as at initiatives that pursue to set limits to the ever expanding copyright.
A case that could well exemplify the current state of the debates is the Google Book Settlement and we'll make use of it to situate our analysis in the broader framework of media, access to knowledge and media regulation meant to serve the public interest.

Optional reading:
Neil W. Netanel, Why Has Copyright Expanded? Analysis and Critique

Here are the slides of session 12.

Tuesday, 8 December 2015

session 11. regulation for cultural diversity? pros and cons.

The time for the second interactive session has come. We will discuss a topic that we already touched upon in many ways, namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalized media landscape, where we observe the emergence and use of multiple platforms and channels for expression and communication.
Yet, it could be argued that many voices have been marginalized in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same.
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session, as well as my comments on them.

The reading materials are few. They encompass basically the texts from last session, especially the first one on the list.
Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenization of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on culture can help you win the case.
Optional reading with some good data is a chapter from the UNESCO World Report on Cultural Diversity.

I wish both parties good luck for the preparations and look forward to an interesting discussion.

Tuesday, 1 December 2015

session 10. media globalization and its discontents.

After the hard work done in getting to know the law of the WTO, this session will be more dynamic and less legalistic.
It will explore the effects of globalization on media and how states have reacted upon these. We will look in particular at the tension between trade and culture, and at the concept and regulatory objective of cultural diversity. We will also contemplate whether digital media are differently created, distributed and accessed and if so, what the implications of this may be - in particular for promoting creativity and fostering cultural identities.

Reading materials
Burri, Reconciling Trade and Culture: A Global Law Perspective, JAMLS 41:2 (2011)
Anderson, The Long Tail

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

All readings will be of immediate help for those who will present during the interactive session on cultural diversity. They also give a good intro to the session on the challenges and opportunities for global media law.

Here are the slides for session 10.

Tuesday, 24 November 2015

session 9. recent developments in global copyright law.

As previously announced, session 9 will be taken over by a guest lecturer. I am truly delighted to give the floor to Dr Emanuel Meyer and look forward to interesting discussions on recent developments in global copyright law, offered by an expert with a background in the fields of both policy-making and international negotiations.

If you think that some of your fellow students may be interested in this topic, do spread the word.

Dr Emanuel Meyer is Head of Legal Services 'Copyright and neighbouring rights' at the Swiss Federal Institute of Intellectual Property (IPI). Subsequent to his studies at the University of Zurich and the Franklin Pierce Law Center (Concord, New Hampshire) and prior to joining IPI in 2005, Emanuel was a practicing lawyer in Zurich.
His profession of choice would have rather been a guitar player but lack of musicality had proven to be a decisive obstacle.

Optional reading:
Swiss initiatives for copyright revision: AGUR12
Copyright in the digital age: Highway or dead-end?

Tuesday, 17 November 2015

session 8. wto law (part two).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS)

Here are the slides of session 8.

Friday, 6 November 2015

session 7. the law and policy of the world trade organization. an introduction.

Sessions 7 and 8 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and its unique characteristics that set it apart from other international organizations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalization and the need for state co-operation and global rule-setting. While the topic is complex and it does come along with its own and often specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.

Reading materials 
Van den Bossche, The Law and Policy of the WTO, Chapter 1
 (the analysis of economic globalization and its pros and cons will be useful also for session no 8, as well as partially for the interactive session on cultural diversity protection)

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Things the WTO Can Do


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

Here are the slides for session 7.

Thursday, 29 October 2015

session 6. cyber-regulation.

This session is going to diverge from the classic ex cathedra lecture and offer a platform for some debate. The core question that will be discussed is that of whether cyberspace should and can be regulated? Is cyberspace something profoundly different that does not allow conventional modes of state regulation, or is it just another medium where state sovereignty is asserted? Answers to these and more questions will be given during the interactive session, which is structured as a 'moot court' and invites verbal fight.

The interactive session will be organized in the following way:

We will have two parties arguing against each other.

Each group will have 15 minutes to present its arguments. Each group will then have 5 minutes to criticize the arguments of the other party. 5 subsequent minutes will be given for a rebuttal. You can decide among yourselves who will be the speaker(s) of the group. One idea will be that each person presents one or two arguments so that the burden is equally distributed.

In order to provide the opportunity for the other party to prepare its counter-arguments, it would be necessary that you send me a short list of your main points (no more than than a single page; key word mode) at the latest on Tuesday. I will forward this to the other team.

The persons not participating in the session will form a jury and will in the end of the debate judge who the 'winning' party is. I would intervene in matters of procedure and when necessary to spur the discussion.

As announced at the outset of the course, this participation will be assessed and constitutes 30% of your final grade. Criteria for the assessment will be the use and structure of the arguments, their relevance to the particular question asked and to the defending position. Reference to topics we already discussed or original ideas will be additionally rewarded.

Here is the initial package to prepare. It combines pro and counter arguments, which will also help you anticipate the argumentation of the opposing party. We have already discussed some additional arguments during the final two sessions.
cyberlaw 1
cyberlaw 2
cyberlaw 3

These materials are abridged versions of the articles. The full versions of David G. Post can be found here and some of those of Jack L. Goldsmith here (these are however by no means compulsory reading).

You may use some of the reasoning and examples given in chapters of Who Controls the Internet?, which formed part of your reading materials last week.

Good luck for the preparations !

Tuesday, 20 October 2015

sessions 4 + 5. the internet internet governance.

Sessions 4 and 5 look at the internet, its origin, salient technological features and its legal implications. We shall talk about whether and how the internet should and could be regulated. An essential focus of our analysis will be on the Internet Corporation for Assigned Names and Numbers (ICANN).

Reading materials
On the Nature and Origins of the Internet, excerpts from the US Supreme Court judgment, ACLU v. Reno, 929 F.Supp. 824 (1996)
Goldsmith and Wu, Who Controls the Internet?, chapter 1
Goldsmith and Wu, Who Controls the Internet?, chapter 3
Goldsmith and Wu, Who Controls the Internet?, chapter 4
Goldsmith and Wu, Who Controls the Internet?, chapter 5

Note: While the readings for this session may appear at first sight more than the usual amount, the chapters of Who Controls the Internet? are in fact popular reading, relative concise and easily digestible. They are also a good preparation for the interactive session on cyber-regulation that follows.


Here are some useful links related to ICANN and Internet governance:
http://www.icann.org/
http://www.intgovforum.org/
http://www.internetgovernance.org/

Something recent and interesting as the web turned 25.

Here are the slides for session 4.

Here are the slides for session 5.

Friday, 2 October 2015

the next session.

Please note that the next session will take place on 21 October. Enjoy the mini-vacation and looking forward to seeing you later in October.

Monday, 28 September 2015

session 3. international telecommunications law.

Session 3 looks at the telecommunications rules at the international level. This entails an analysis of the law and policies of the International Telecommunication Union (ITU), which happens to be the oldest intergovernmental organization. The session includes also an enquiry into the rules related to satellite communications. We will also explore how the communications rules have changed over time and how new regulatory models, which move away from the traditional inter-national co-operation, have emerged. The session will conclude with an analysis of current net neutrality initiatives.

Reading materials 
Walden, International Telecommunications
MacKinnon, United Nations and the Internet: It's ComplicatedForeign Policy, August 2012

Optional:
Palfrey and Gasser, Interop, chapter 1
Benkler, The Wealth of Networks, chapter 11
Burri, Defining Regulatory Objectives for Contemporary Electronic Communications: Between a Rock and a Hard Place 12 IJCLP (2008): 274-312
FCC, Open Internet Press Release, 2015

Here are the slides for session 3.

Tuesday, 22 September 2015

session 2. the international human rights framework.

It is the objective of session two to present the international human rights framework of pertinence to media. The different dimensions of the freedom of expression will thus be central to our analysis. We will look at the International Covenant on Civil and Political Rights but also discuss the law and practice developed under the European Convention for the Protection of Human Rights and Fundamental Freedoms.
I urge you to read the case Demuth v. Switzerland before the session, so we could discuss it in more detail.

Reading materials
Jorgensen, Freedom of Expression
Marauhn, Freedom of Expression (ECHR)

Legal texts:
International Covenant on Civil and Political Rights
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

Case:
Demuth v. Switzerland, ECtHR

Optional:
Mira Burri, Immer mehr staatlich verordnete Grenzen im Cyberspace (NZZ, October 2010) (in German)$$

Here are the slides of session 2.

Wednesday, 16 September 2015

session 1. introduction to the course and overview of its core topics.

The objective of the first session of the course is to get you acquainted with contemporary media as a specific subject matter of regulation. Amongst others, questions to be addressed are: What are the economic and societal justifications for regulating media? Have these rationales been modified over time as the media landscape has profoundly changed? What is international media law? What are its building blocks and how are they reflected in the course's structure?

Organizational sides of the course will also be clarified and the pertinent questions answered.

Reading materials:
Flew, New Media: An Introduction
SauvĂ© and Steinfatt, Multilateral Rules on Trade and Culture (only pages 326-339; the entire article for session 10)

Optional:
Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions)
Jenkins, Convergence? I Diverge
Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation

Here are the slides for session 1.

Saturday, 15 August 2015

welcome 2015.

The course international law of contemporary media of the University of Bern will take place in the fall term 2015 (starting on 16 September), every Wednesday from 12 to 14 pm (in the University's Main Building, Room 214). 
The course will bring your ECTS account 5 credits. The teaching language as well as that of the materials will be English.
I warmly welcome you and look forward to an engaging and interesting course.

Description
The course provides an introduction to the current issues in the regulation of media at the international level, covering the pertinent human rights norms, the rules of the World Trade Organization, and the relevant topics of international telecommunications, Internet governance and intellectual property law. New digital media build the specific focus of the course.
Structure and participation
The course is structured into 13 weekly two-hour lectures with two interactive sessions in a debate format. Each student will be asked to participate in an interactive session at least once.This participation will be assessed and constitutes 30% of the final note.
The final exam is oral and 'open-book'.

Target audience
The course is primarily directed at students of law at the master level. It is however also particularly suitable for media and communications studies students, who would like to learn more about the international regulation of media, or who share a special interest in new media and their policy and legal implications.

For a non-binding enrolment in the course, please send a short note to mira.burri@wti.org

Literature
There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically. All links will be made available here on this blog.

The books listed on the right-hand side of the blog are not necessarily part of the reading list. They are however relevant to the topics dealt with in the course and of potential interest to students eager to know more about digital media and their economic, social, political and cultural implications. All these books are made available under the creative commons licence and can be downloaded for non-commercial use free of charge.

Friday, 16 January 2015

looking forward to fall 2015

The next edition of the course will take place in fall semester 2015. I much look forward to welcoming a motivated group of students eager to learn more about the law and policies of contemporary media at the international level.
More information will follow in late summer as the start of the course nears.
If you have any questions until then, do not hesitate to contact me at: mira.burri@wti.org.

Wednesday, 28 May 2014

final notes.

We have reached the end of the course on international law of contemporary media. It has been a long journey, sometimes smooth, sometimes rough. I warmly thank all the participants and wish you best of luck for the forthcoming exam and for all other future endeavours.

You have already received information on the exam by email. If you have any queries, do not hesitate to contact me per email.

Please, note that the examination (12 June 2014) will take place at the World Trade Institute, Hallerstrasse 6 (map here).

Tuesday, 13 May 2014

session 12. challenges and opportunities for contemporary media law.

The changing media landscape, locally and globally, brings with it certain challenges and opportunities for law and for media law in particular. As we could repeatedly see, it is very often the case that the toolbox of media regulation has not been yet adjusted (or not appropriately adjusted) to the changed (and changing) environment of 'old' and digital media, of convergence, of new patterns of business and consumer behaviour and new modes of cultural content production, distribution and access.
There is a host of topics that would qualify as falling under the broad category of challenges and opportunities to media law. We will only be able to tackle a tiny bit of those.
With the purpose of balancing the overall contents of the course and addressing some issues that were not sufficiently discussed until now, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will pay specific attention to the processes of expanding copyright at the national, regional and global levels, and at the so-called copyright wars against the so-called piracy. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence, as well as at initiatives that pursue to set limits to the ever expanding copyright.
A case that could well exemplify the current state of the debates is the Google Book Settlement and we'll make use of it to situate our analysis in the broader framework of media, access to knowledge and media regulation meant to serve the public interest.

Optional reading:
Neil W. Netanel, Why Has Copyright Expanded? Analysis and Critique

The slides for session 12 are here.

Wednesday, 7 May 2014

session 11. regulation for cultural diversity? pros and cons.

The time for the second interactive session has come. We will discuss a topic that we already touched upon in all sorts of ways (in particular in session 9), namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalized media landscape, where we observe the emergence and use of multiple platforms and channels for expression and communication.
Yet, it could be argued that many voices have been marginalized in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same.
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session, as well as my comments on them.

The reading materials are few. They encompass basically the texts from last session, especially the first one on the list.
Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenization of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on culture can help you win the case.
Optional reading with some good data is a chapter from the recent UNESCO World Report on Cultural Diversity.

I wish both parties good luck for the preparations and look forward to an interesting discussion next week.

Thanks so much for the wonderful presentations. The sum-up slides are here.

Monday, 5 May 2014

session 10. recent developments in global copyright.

As previously announced, session 10 will be taken over by a guest lecturer. I am truly delighted to give the floor to Dr Emanuel Meyer and look forward to interesting discussions on recent developments in global copyright law, offered by an expert with a background in the fields of both policy-making and international negotiations.

If you think that some of your fellow students may be interested in this topic, do spead the word.

Dr Emanuel Meyer is Head of Legal Services 'Copyright and neighbouring rights' at the Swiss Federal Institute of Intellectual Property (IPI). Subsequent to his studies at the University of Zurich and the Franklin Pierce Law Center (Concord, New Hampshire) and prior to joining IPI in 2005, Emanuel was a practicing lawyer in Zurich.
His profession of choice would have rather been a guitar player but lack of musicality had proven to be a decisive obstacle.

Optional reading:
Copyright in the digital age: Highway or dead-end?

Tuesday, 15 April 2014

session 9. media globalization and its discontents.


After the hard work done in getting to know the law of the WTO, this session will be more dynamic and less legalistic.
It will explore the effects of globalization on media and how states have reacted upon these. We will look in particular at the tension between trade and culture, and at the concept and regulatory objective of cultural diversity. We will also contemplate whether digital media are differently created, distributed and accessed and if so, what the implications of this may be - in particular for promoting creativity and fostering cultural identities.

Reading materials
Burri, Reconciling Trade and Culture: A Global Law Perspective, JAMLS 41:2 (2011)
Anderson, The Long Tail

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

Optional:
Time's Person of the Year: You, 2006
The Economist, The Clash of Clouds, Oct. 2009

All readings will be of immediate help for those who will present during the interactive session on cultural diversity. They also give a good intro to the session on the challenges and opportunities for global media law.

Here are the slides for session 9.

Sunday, 6 April 2014

session 8. wto law (2).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS)

Here are the slides of session 8.



Monday, 31 March 2014

session 7. the law and policy of the world trade organization.

Sessions 7 and 8 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and its unique characteristics that set it apart from other international organizations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalization and the need for state cooperation and global rule-setting. While the topic is complex and it does come along with its own and often very specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.

Reading materials 
Van den Bossche, The Law and Policy of the WTO, Chapter 1
 (the analysis of economic globalization and its pros and cons will be useful also for session no 8, as well as partially for the interactive session on cultural diversity protection)

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Benefits of the WTO Trading System
10 Common Misunderstandings of the WTO


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

Here are the slides for session 7.

Wednesday, 19 March 2014

session 6. cyber-regulation.

This session is going to diverge from the classic ex cathedra lecture and offer a platform for some debate. The core question that will be discussed is that of whether cyberspace should and can be regulated? Is cyberspace something profoundly different that does not allow conventional modes of state regulation, or is it just another medium where state sovereignty is asserted? Answers to these and more questions will be given during the interactive session, which is structured as a 'moot court' and invites verbal fight.

The interactive session will be organiszd in the following way:

We will have two parties arguing against each other.

Each group will have 15 minutes to present its arguments. Each group will then have 5 minutes to criticize the arguments of the other party. 5 subsequent minutes will be given for a rebuttal. You can decide among yourselves who will be the speaker(s) of the group. One idea will be that each person presents one or two arguments so that the burden is equally distributed.

In order to provide the opportunity for the other party to prepare its counter-arguments, it would be necessary that you send me or Tobias a short list of your main points (no more than 5-10 arguments put on no more than a single page; key word mode) at the latest on Monday. I will forward this to the other team.

The persons not participating in the session will form a jury and will in the end of the debate judge who the 'winning' party is. I would intervene in matters of procedure and when necessary to spur the discussion.

As announced at the outset of the course, this participation will be assessed and constitutes 30% of your final grade. Criteria for the assessment will be the use and structure of the arguments, their relevance to the particular question asked and to the defending position. Reference to topics we already discussed or original ideas will be additionally rewarded.

Here is the initial package to prepare. It combines pro and counter arguments, which will also help you anticipate the argumentation of the opposing party.
cyberlaw 1
cyberlaw 2
cyberlaw 3

These materials are abridged versions of the articles. The full versions of David G. Post can be found here and some of those of Jack L. Goldsmith here (these are however by no means compulsory reading).

You may use some of the reasoning and examples given in chapters of Who Controls the Internet?, which formed part of your reading materials last week.

Good luck for the preparations !

Update 31 March: Thanks so much for the excellent presentations! Both team did a superb job.

Here are my slides meant to help and structure the underlying questions asked.

Thursday, 6 March 2014

sessions 4 + 5. the internet and internet governance.

Sessions 4 and 5 look at the internet, its origin, salient technological features and its legal implications. We shall talk about whether and how the internet should and could be regulated. An essential focus of our analysis will be on the Internet Corporation for Assigned Names and Numbers (ICANN).

Reading materials
On the Nature and Origins of the Internet, excerpts from the US Supreme Court judgment, ACLU v. Reno, 929 F.Supp. 824 (1996)
Goldsmith and Wu, Who Controls the Internet?, chapter 1
Goldsmith and Wu, Who Controls the Internet?, chapter 3
Goldsmith and Wu, Who Controls the Internet?, chapter 4
Goldsmith and Wu, Who Controls the Internet?, chapter 5

Note: While the readings for this session may appear at first sight more than the usual amount, the chapters of Who Controls the Internet? are in fact popular reading, relative concise and easily digestible. They are also a good preparation for the interactive session on cyber-regulation that follows.

Optional: 
The Economist, The Internet at Forty

Something recent and interesting now that the web turns 25.

The slides for session 4 are here.

The slides for session 5 are here.

Wednesday, 26 February 2014

session 3. international telecommunications law.

Session 3 looks at the telecommunications rules at the international level. This entails an analysis of the law and policies of the International Telecommunication Union (ITU), which happens to be the oldest intergovernmental organization, as well as an enquiry into the rules related to satellite communications. We will also explore how the communications rules have changed over time and how new regulatory models, which move away from the traditional inter-national cooperation, have emerged.

Reading materials 
Walden, International Telecommunications
MacKinnon, United Nations and the Internet: It's Complicated, Foreign Policy, August 2012

Optional:
Palfrey and Gasser, Interop, chapter 1
Benkler, The Wealth of Networks, chapter 11
Burri, Defining Regulatory Objectives for Contemporary Electronic Communications: Between a Rock and a Hard Place 12 IJCLP (2008): 274-312

Here are the slides for session 3.

Wednesday, 19 February 2014

session 2. the international human rights framework.


It is the objective of session two to present the international human rights framework of pertinence to media. The different dimensions of the freedom of expression will thus be central to our analysis. We will look at the International Covenant on Civil and Political Rights but also discuss the law and practice developed under the European Convention for the Protection of Human Rights and Fundamental Freedoms.
I urge you to read the case Demuth v. Switzerland before the session, so we could discuss it in more detail.

Reading materials
Jorgensen, Freedom of Expression
Marauhn, Freedom of Expression (ECHR)

Legal texts:
International Covenant on Civil and Political Rights
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

Case:
Demuth v. Switzerland, ECtHR

Optional:
Mira Burri, Immer mehr staatlich verordnete Grenzen im Cyberspace (NZZ, October 2010) (in German)$$

Here are the slides of session 2.

Monday, 17 February 2014

session 1. introduction to the course and overview of its core topics.

The objective of the first session of the course is to get you acquainted with contemporary media as a specific subject matter of regulation. Amongst others, questions to be addressed are: What are the economic and societal justifications for regulating media? Have these rationales been modified over time as the media landscape has profoundly changed? What is international media law? What are its building blocks and how are they reflected in the course's structure?

Organizational sides of the course will also be clarified and the pertinent questions answered.

Reading materials:
Flew, New Media: An Introduction
SauvĂ© and Steinfatt, Multilateral Rules on Trade and Culture (only pages 326-339; the entire article for session 10)

Optional:
Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions)
Jenkins, Convergence? I Diverge
Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation

Here are the slides for session 1.

Tuesday, 4 February 2014

welcome 2014.

The course international law of contemporary media of the University of Bern will take place in the spring term 2014 (starting on 17 February), every Tuesday from 2 to 4 pm (in the University's Main Building, Room 115). 
The course will bring your ECTS account 5 credits. The teaching language as well as that of the materials will be English.
I warmly welcome you and look forward to an engaging and interesting course.

Description
The course provides an introduction to the current issues in the regulation of media at the international level, covering the pertinent human rights norms, the rules of the World Trade Organization, and the relevant topics of international telecommunications, Internet governance and intellectual property law. New digital media build the specific focus of the course.
The course is structured into 13 weekly two-hour lectures with two interactive sessions in a debate format. Each student will be asked to participate in an interactive session at least once.
This participation will be assessed and constitutes 30% of the final note.
The final exam is oral and 'open-book'.

Participation
The course is primarily directed at students of law at the master level. It is however also particularly suitable for media and communications studies students, who would like to learn more about the international regulation of media, or who share a special interest in new media and their policy and legal implications.

For a non-binding enrolment in the course, please send a short note to Tobias Naef: tobias.naef@iew.unibe.ch. 

Literature
There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically. All links will be made available here on this blog.

The books listed on the right-hand side of the blog are not necessarily part of the reading list. They are however relevant to the topics dealt with in the course and of potential interest to students eager to know more about digital media and their economic, social, political and cultural implications. All these books are made available under the creative commons licence and can be downloaded for non-commercial use free of charge.

Saturday, 5 January 2013

final notes and a warm thank you.


We have reached the end of the course on international law of contemporary media. It has been a long journey, sometimes smooth, sometimes rough. I warmly thank all the participants and wish you best of luck for the forthcoming exam and for all other future endeavours.

You have already received information on the exam by email. If you have any queries, do not hesitate to contact me per email.

Please, note that the examinations (8 and 9 January 2013) will take place at the World Trade Institute, Hallerstrasse 6 (map here).
Creative Commons License
Dieser Werk ist unter einer Creative Commons-Lizenz lizenziert.