Media Law

The Media Law Course displays a twofold, ambitious aim: first, to conceptualize ‘media’ as a legal domain and to offer an insight on the mainfold array of topics concerned; second, to give the student a insight in how ‘media’ interact with their daily behaviour. If the former aim is instrumental to the development of a career in any of the areas affected, the latter may wishfully result in a personal upgrading of one’s general self-awareness as a lawyer and as a citizen. In particular, classes focused on decisions, facilitating students in acquiring familiarity with vocabulary and practice useful for their perspective academic and professional careers.

Knowledge of principles of constitutional law, private law and criminal law.

Knowledge and understanding: the student – through participation in lectures and practical activities – will know the main categories of Media Law, also in the light of the supranational regulatory framework. Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of Media Law. The student will be able to compare these principles with those established at the supranational level. At the end of the course, an oral exam will take place. Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyze the relevant provisions, case law as well as scholars’ approaches related to Media Law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases. Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of Media Law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, oral exams, moot courts, workshops – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career. Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to Media Law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.

The course is divided into two parts. The first part, taught by prof. Esposito, is built around the European Media Freedom Act (EMFA), examined both in its normative structure and through current cases and practical simulations. The second part, taught by prof. Punzi, focuses on fundamental concepts of Media Law and on how freedom of expression through the media has been changing in recent years as a result of digitalization and the advent of artificial intelligence.

• European Media Freedom Act (EMFA) and Digital Services Act (DSA); • Code of Practice on Disinformation; • judgments of the Court of Justice of the European Union, of the European Court of Human Rights and of national courts within the EU; • slides mapping the relevant regulatory pathways, together with case studies.

Weekly structure Wednesday. Theoretical presentation of the week’s topic, supported by slides and class discussion. The subject of the following session is announced, together with the preparation expected from students. Thursday. Analysis of current cases, drawing on video material (for instance the Pegasus and Paragon affairs, Trump’s ban from social media, the removal of COVID-19 vaccine posts) or on simulations — such as «How would you draft a public-service broadcasting law that complies with the EMFA?» or «Sitting as the judge, how would you reason the lawfulness or unlawfulness of removing a post?» — reconstructed in the light of the EMFA or on the basis of other relevant national and supranational regulations and jurisprudential orientation.

For Part I (taught by Prof. Esposito), assessment is by a group paper (groups of at most 4–5 students) on one of the themes addressed during the course: • a) Media freedom and pluralism under the EMFA; • b) Editorial independence under the EMFA; • c) The privatization of censorship; • d) Disinformation and democracy. For Part II (taught by Prof. Punzi), assessment will proceed as follows. Each student will be required to: • Write a paper; orally present the paper during the workshop; enliven the discussion about the paper among their team colleagues; give a brief oral report summarizing the discussion that took place following their presentation. Grading breakdown: Paper on the chosen case: 20%; Presentation on that case + Debate + Report: 40%; Active participation in the discussion of other students’ presentations: 40%.

'Law and Innovation' Track