Media Law and Practice

This book is a reference guide for practitioners to the major legal and regulatory issues in the field, but could also be used as a media law textbook for a course of academic study. Each chapter is written by an expert in the field. Throughout the book, the authors cover the relevant aspects of law governing the media in its many forms, with an emphasis on the practical operation of the law in this sector. It not only discusses the theoretical basis of legal concepts such as defamation, but also analyzes the application of the law in the high paced environment of daily newspapers, the changing reality of what constitutes "broadcasting", including the regulation of distribution channels, and the regulation of material distributed via those channels, and examines the implications for defamation law of the online, borderless world. Amongst other things, the book also covers intellectual property issues in the media, with a specific emphasis on copyright works, trade marks and the exploitation of intellectual property via licensing. The work primarily discusses the identified themes in the context of UK and EU laws.

David Goldberg taught law at the School of Law, University of Glasgow from 1971-2000 and created the teaching of media law and policy there in 1983. He directs deeJgee Research/Consultancy and is an Associate Fellow, Program in Comparative Media Law and Policy, Center for Socio-Legal Studies, Faculty of Law, University of Oxford. He facilitates media law learning at Glasgow Caledonian University; Queen Mary College (University of London) and Stirling University. In 1979, he founded the Journal of Media Law and Practice, now Tottel's Communications Law and Practice. He co-convenes the Media Law Advocates Training Program and is a founding member of the International Media Lawyers Association. He is on the Board of the Legal Human Academy, which explores innovative learning methods for lawyers. Gavin Sutter is Lecturer in Media Law and a member of the Institute of Computer and Communications Law at the Center for Commercial Law Studies, Queen Mary, University of London. He established, manages and teaches on the LLM Media Law course for the ICCL, as well as writing in the field. His key areas of interest are in the regulation of content in both traditional and new media, with a particular emphasis on the issues of defamation and intermediary liability. He has been a member of the executive board of BILETA (British & Irish Law, Education & Technology Association), and sits on the editorial board of Tottel's Communications Law journal.
Dr. Ian Walden is Professor of Information and Communications Law and head of the Institute of Computer and Communications Law in the Center for Commercial Law Studies, Queen Mary, University of London. He has been involved in law reform projects for the World Bank, the European Commission, UNCTAD, UNECE and the European Bank of Reconstruction and Development, as well as for a number of individual states. In 1995-96, He was seconded to the European Commission, as a National Expert in electronic commerce law, and is a member of the Legal Advisory Board to the Information Society Directorate-General of the European Commission. He has held visiting positions at the Universities of Texas and Melbourne and is also a solicitor at Baker & McKenzie LLP. He is a Trustee and Vice-Chair of the Internet Watch Foundation.

A. Introduction1. Introduction, David Goldberg & Gavin SutterWho are "the media"?Who are the media's consumers?Sources of media "norms"2. Who owns the media?, Ian WaldenOwnership & CompetitionPlurality of servicesUniversal ServicesListed EventsB. Regulating Reportage3. Regulating Journalism and Newsgathering, Siobhan ButterworthProtection of journalists' sources4. Reporting Restrictions & Contempt of Court, Rosalind Mc InnesRight of Access to the MediaRestrictions on court reportage - pre and post trialContempt of Court5. Reporting elections, David GoldbergReporting the election processReporting the political process more broadlyAdvertising on issues of public concernC. Regulating Distribution6. Intellectual Property and the Media, Lindy GoldingCopyright in original media contentMoral rightsFormat RightsAuthors' agreementsDatabase right and media servicesWIPO Draft Treaty on Broadcasters' rights in broadcast contentTrade marksPatent aspectsLicensing media contentPublicity RightsCompetition issues7. Information Law, Timothy Pitt-PayneData Protection & the mediaConfidentiality & PrivacyFreedom of InformationOfficial SecretsDefence Advisory Notices8. Broadcasting, Tony BallardBroadcast media licensingChanging nature of broadcastingD. Regulating Content9. Legal and Extra Legal Regulation of Media Content, Lorna WoodsRegulation of Broadcast ContentPCC Regulation of Press contentClassification (film & video games)10. Illegal Content, Ian WaldenThe Article 10 Margin of AppreciationBlasphemyHate SpeechObscenity & IndecencyPossession of Extreme Pornography11. Cultural protections, Tarlach McGonagleLanguage rightsLocal productionIndependent productions12. Commercial Communications, John EnserAdvertising RegulationsSponsorshipProduct placementRules on amount / distribution