Face-to-face , first term, 30 hours of theory.

First term
Wednesday from 16:00 to 18:00 at 119 Marais 1200

French

The course aims to introduce the students to the legal framework applicable to the media, whether it is written, audiovisual or electronic (Internet) press. The focus will be on Belgian law; but we will also study comparative law (notably of French law) and a substantial part of the course will be dedicated to European law (jurisprudence of the European Court of Human Rights; see below).
The course focuses on the regulation of the content of expression (not on the institutional aspects or communication tools: which are part of the broadcasting or telecommunication laws for instance). The aim is to bring the students to understand the scope of freedom of speech and the legal limitations that apply to (journalistic) expression (respect of privacy, reputation, copyright, etc.).
We will also highlight the specific regulations applicable to some media, with a focus on the most contemporary forms of communication in the society of information (Internet).
Beyond the legal aspect, the social issue of media power and the indispensable balancing of that power with the rights of individuals will serve as background to the course.
The course offers tools for the future ‘communicators' (know what to do to avoid interferance with other rights), and at the same time, it produces more theoretical reflections relating to the society of information (responsibility of the press, respect for the presumption of innocence, etc.).

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The subject matter is divided into two parts.

The first part aims to present the foundation of media regulation in the information society. This part analyses the scope and limits of freedom of expression through a thorough reading of the jurisprudence of the European Court of Human Rights relating to article 10 of the European Convention of Human Rights. Chapter 1 (devoted to freedom of expression) will be completed by chapter 2 on the respect of the rights of others (as limits to the freedom of expression). Chapter 2 will be devoted to the main rights competing with freedom of expression: the right to privacy, right of publicity, data protection, right to reputation and honour. This chapter will be complemented by the study of the limits of freedom of expression related to the administration of justice (“press - justice” relation). Chapter 3 will study the rights and duties of journalists, including the copyright of journalists, the right to protect journalistic sources, the right of reply and the responsibility of journalists.

The second part aims to study the regulation specifically applicable to certain forms of communication: commercial communication (regulation of advertising), written communication (legal submission), audiovisual communication (film distribution) and especially Internet communication (websites, hyperlinks, search engine, etc.).

The course is a lecture. A syllabus serves as support for the professor. An updated version of the syllabus will be available for the students during the first term of each academic year. Besides the subject matter in the syllabus, issues generally related to the latest news will be discussed in class. The students are encouraged to express their opinions on some media practices and on how they think some regulation should apply. During these discussions, the focus will be put on the usefulness and limits of the legal regulations compared to other forms of regulation (for instance journalistic ethics).
These discussions aim to awaken the students' discerning mind and to sharpen their judgement faced with new media developments (including for instance social networks on the Internet). The written work, which the students may choose instead of the examination (see below), may constitute an extension of these class discussions.

The students have a choice: either they present the oral examination or they prepare a written paper (followed by an oral interview on the paper).
a) The oral examination is on the subject matter studied in class (more or less 20 minutes per student). The first question is picked at random and will be prepared (while the professor questions the previous student); this question may involve a court decision studied in class (in this case the student will receive a copy of the decision so that he/she can reread it during the preparation). The students are entitled to use their legal reference texts, thus the relevant laws and court decisions. The preparation of the examination requires the study of the syllabus and the complementary notes taken in class, as well as the attentive reading of the jurisprudence file. The slides used in class may also facilitate the study.
b) The students who choose the written work should hand in their paper (maximum 10 pages) at the latest one week before the examination takes place. Then, on the same day as the examination, there will be an oral interview on the content of the paper. The students do not have to tell the professor in advance whether they have chosen to submit a paper, but it is highly recommended that they contact the professor (preferably during the breaks or after the classes) to discuss the topic of the paper and its outline.

- Hoebeke (S.) et Mouffe (B.), Le droit de la presse : presse écrite, presse audiovisuelle, presse électronique, 3ème éd., Limal, Anthemis, 2012.
- Jongen (Fr.), Le droit de la radio et de la télévision, De Boeck, 1989.
- Lemmens (K.), La presse et la protection juridique de l'individu : attention aux chiens de garde ! , Bruxelles, Larcier, 2004.
- Médias et droit, Anthemis, 2008 (contributions de A. Strowel et Fr. Tulkens, M. Isgour, K. Lemmens et S. van Drooghenbroeck).
- Strowel (A.) et Tulkens (F.) (dir.), Prévention et réparation des préjudices causés par les médias, Bruxelles, Larcier, 1998.
- Voorhoof (D.), Valcke (P.), Handboek Mediarecht, 3ème éd., Bruxelles, Larcier, 2011.

- Written syllabus (over 200 pages).
- File of jurisprudence.
- Legislation (the economy code used by the ESPO students can be used, but will be supplemented by some, more specialised, texts).