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. This is also a preparation for the next session, which will be specifically dedicated to freedom of expression online - the opportunities and challenges posed by new medium of the internet.
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)
Human Rights Committee, General Comment 34 on art. 19: Freedom of Expression
Optional:
Mira Burri, Immer mehr staatlich verordnete Grenzen im Cyberspace (NZZ, October 2010)
Tuesday 25 September 2018
session 1. introduction to the course and 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
Optional: Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions) Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation
A great interactive presentation on why the Internet matters, by Prof. Jonathan Zittrain, Harvard University can be found here.
Organizational sides of the course will also be clarified and the pertinent questions answered.
Reading materials: Flew, New Media: An Introduction
Optional: Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions) Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation
A great interactive presentation on why the Internet matters, by Prof. Jonathan Zittrain, Harvard University can be found here.
Friday 14 September 2018
welcome 2018.
This
blog is meant to accompany the course 'International Law of
Contemporary Media' that I will be teaching in the fall semester 2018 at
the University of Lucerne.
For specific information about the rooms, schedule, etc., please consult the online learning platform (OLAT).
For specific information about the rooms, schedule, etc., please consult the online learning platform (OLAT).
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 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 / Literature
The
course is structured into 12 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'.
There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically on OLAT.
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.
I welcome you and look forward to an interesting course with fruitful discussions.
There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically on OLAT.
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.
I welcome you and look forward to an interesting course with fruitful discussions.
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.
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.
session 11. pros and cons of cultural diversity regulation.
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 the last session.
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 .
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 the last session.
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 .
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