Time: October 2006, ½ day
Teachers: Olivia PÎRŢAC, mlu@ijc.md
Vladislav GRIBINCEA , echrseminars@yahoo.com
COURSE DESCRIPTION
The process of democratization in the Republic of Moldova cannot be separated from the respect for the freedom of speech; the latter can be exercised most effectively when there are functioning mass media in the country (newspapers, magazines, news agencies, radio stations, TV stations, online publications, etc.).
The course on Media Law and Ethics will look into the legal foundation and best practices of the media operation: access to information; freedom of expression; defamation (damaging honor, dignity and professional reputation); society’s and the individual’s information security; state policies and powers that public authorities have in the area of the mass media; the creation, reorganization and closure of media outlets; legal regulation of the information disseminated through the Internet; the journalist’s legal status and ethical code; etc.
COURSE OBJECTIVES
After completing the Media Law and Ethics course, the students will:
- be familiar with the legal side of media operations, legal provisions affecting the media and ethical principles in the field;
- have the skills of applying the legal provisions on the access to information;
- have the skills of applying the legal provisions regarding the information security of society and the individual;
- have the skills of applying the legal provisions regarding defamation (damaging the honor, dignity and professional reputation);
- have the skills of applying the legal provisions regarding state policies and the powers that public authorities have in the area of the mass media;
- have the skills of applying the legal provisions regarding the creation, reorganization and closure of media outlets;
- have the skills of applying the legal provisions which regulate advertising;
- have the skills of applying the legal provisions regarding elections and the media;
- have the skills of applying their knowledge as to the legal status and ethical obligations of the journalist;
- have the skills of applying the legal provisions regarding the dissemination of information through the Internet.
- have the knowledge they will need in order to use in their work in Moldova legal standards and best practices in the area of freedom of expression, which should be in line with international standards;
- be able to identify the role, see the opportunity and need of using the jurisprudence of the European Court for Human Rights in promoting international standards in the area of the freedom of expression;
- have the knowledge whereby they can identify the limits of the freedom of expression, in accordance with the European Court for Human Rights case law;
- have the skills of adapting the legislation in force and the legal practice in Moldova to international standards in the area of the freedom of expression.
EVALUATION
The student evaluation will break down as follows:
Attendance and active participation in class – 25%
Ability to solve practical exercises– 25%
Final examination– 50%
COURSE SYLLABUS
Class 1
Introduction to the course and to the legal system of Moldova
1. The object of study, methods of study, tasks of the course.
2. What is law. Regulation and self-regulation. Public and private law. Criminal law, civil law, administrative law—differences.
3. The sources of law. The sources of media law.
4. The effect legal acts have in time, in space and upon individuals.
5. Interpretation of laws.
Class 2
The powers public authorities have in the area of the media
1. The state authorities and the media: legislative authorities, executive authorities, judiciary authorities.
2. The mechanism by which legal conflicts are settled. The courts system of Moldova. The role of the Supreme Court of Justice in the legal regulation of media operations.
3. The European Court for Human Rights and its role in settling disputes over the freedom of expression.
4. The Broadcasting Coordination Council—the regulatory authority in the area of broadcasting.
Class 3
Journalism ethics
1. The link between law and morals.
2. The journalistic code of ethics: provisions and legal power.
3. The ethics code of the Public Broadcaster.
4. Issues in journalistic ethics.
Class 4
Introduction to freedom of expression
1. Why do we need freedom of expression?
2. What is „the right to free expression”?
3. The limits of the freedom of expression.
4. What is the role of the media in a democratic society?
5. The right of the public to know.
Class 5 and Class 6
Defamation
1. What is defamation?
2. The forms of defamation. Differences among them.
3. Defamation and its legal definition.
4. General issues concerning criminal, administrative and civil liability for defamation.
5. Defenses in cases of civil defamation:
- the concept of truth and the burden of proof;
- good faith;
- public issues; public figures;
- the presumption of innocence;
- protection of sources;
- cases when exoneration from liability applies;
6. Solutions in cases of civil defamation:
- ban on future defamation;
- retraction, correction, reply and apology;
- damages.
7. Liability for defamation under public law:
- criminal and administrative liability;
- closure of a media outlet under the Media Law;
- sanctions applied by the Broadcasting Council.
8. Defenses in defamation cases:
- non-pecuniary methods;
- evidence and witnesses;
- costs associated with legal representation and case review;
- the amount of damages;
- cases on the freedom of expression reviewed by the European Court for Human Rights.
Class 7
Access to information
1. Fundamental provisions on the access to information.
2. Restrictions on the access to information.
3. The procedure for obtaining/providing information. The obligations of the information provider.
4. Liability for violating the right to information.
Class 8
The information security of society and the individual
1. Protecting society by limiting the content of the information disseminated.
2. Protection of privacy.
3. Hate speech.
4. Regulation of extremist discourse under Moldovan law.
5. Erotic and pornographic content.
6. Defending the interests of justice.
7. Protecting the state: the state secret.
8. Protecting the economy: the trade secret.
Class 9
The media during elections
1. General background on the elections system of Moldova.
2. The legal status of the media during elections.
3. The rights of the media during elections.
4. The obligations of the media during elections.
5. The liability of the media for violating electoral legislation.
Classes 10 and 11
Introduction to broadcasting
1. General issues concerning frequencies and their use.
2. Control in broadcasting:
- why control is necessary;
- how can control be exercised;
- The Broadcasting Coordination Council.
3. Licensing:
- the procedure of licensing;
- conditions to obtain a license;
- extending a license;
- transferring licenses;
- rebroadcasts;
- cable rebroadcasts.
4. Controlling program content:
- drugs, alcohol and tobacco;
- obscenity and indecency;
- violence and hate speech.
Class 12
The Public Broadcaster (IPNA)
1. The legal status of the IPNA
2. Funding the IPNA
3. Programming at the IPNA: legal regulations and ethical norms
4. Censorship at the IPNA
Class 13
The creation, reorganization and closure of print media outlets
1. Particularities of legal regulations for the print media.
2. The procedure of setting up periodicals and news agencies.
3. Restrictions as to the foundation and ownership of media by foreign companies and individuals.
4. The issue of separating the media from the state.
5. Funding the media.
6. Protecting confidential sources.
Class 14
Legal regulations in advertising
1. Why specific regulations in this area are needed?
2. Principles governing advertising.
3. Limiting the amount of advertising.
4. Monitoring whether advertising rules are observed.
5. Solutions in cases when advertising rules are violated.
Class 15
The copyright and associated rights. The trade mark.
1. The legal regulation of intellectual property: sources of domestic and international law; difference from “physical” property.
2. The purpose of the copyright and associated rights.
3. The subjects of the copyright and associated rights.
4. The material and non-material rights of the author.
5. The author contract.
6. The role of the AGEPI in protecting intellectual property.
7. Protecting the copyright and associated rights.
8. Legal regulation of trade marks.
Class 16
The legal regulation of information disseminated through the Internet
1. General issues regarding the Internet.
2. Obscenity, indecency, safety and violence on the Internet.
3. Observing the copyright. Database protection.
4. Defamation and privacy.
5. Spam.
6. Domains.
Classes 17-18 Final evaluation
Information sources:
Law sources:
International treaties
1. The Universal Declaration on Human Rights, adopted 10 December 1948. R.M. ratified it by Parliamentary Resolution no. 217-II of 28.07.90, publ. M.O. (Tratate internationale la care R.M. este parte (1990-1998), vol I, p.11)
2. The International Covenant on Civil and Political Rights, adopt. 16.12.66, in force since 23.03.76. R.M ratified it by Parliamentary Resolution no. 217-II din 28.07.90, in force since 28.07.90, publ. M.O. (Tratate internationale la care R.M. este parte (1990-1998), vol I, p.30)
3. Convention for the Protection of Human Rights and Fundamental Liberties /European Convention on Human Rights - ECHR/ adopt. Rome, 4 November 1950, in force since 03.09.53. R.M. ratified it by Parliamentary Resolution no. 1298-XIII of 24.07.97, publ. M.O. (Tratate internationale la care R.M. este parte (1990-1998), vol I, p.341)
4. The European Convention on Cross-Border Television, 5 May 1989, R.M. ratified it by the Law no. 1555-XV of 19.12.2002, not published officially, publ. unofficially in “Presa electronica: reglementari internationale”. – Ch. 2000: APEL
etc.
Legal acts containing fundamental regulations on the dissemination of information:
1. Broadcasting Law No. 603-XIII of 03.10.1995, M.O. no. 70/798 of 14.12.1995
2. Press Law No. 243-XIII of 26.10.1994, M.O. no. 2 of 12.01.95
3. Access to Information Law No. 982-XIV of 11.05.2000, M.O. 88-90, 28.07.00
4. The Law on the National Public Broadcasting Institution the "Teleradio-Moldova" Company, No.1320-XV of 26.07.2002, M.O. no. 117-119/972 of 15.08.2002
5. The Law on Informatics No. 1069-XIV of 22.06.00, M.O. no. 73-74/547 of 05.07.2001
6. The Law on Publishing No. 939-XIV of 20.04.2000, M.O. no. 70-72/511 of 22.06.2000
7. The Law on the State Secret No. 106-XIII of 17.05.1994, M.O. no. 2/5 of 25.08.1994
8. The Law on the Trade Secret No. 171-XIII of 06.07.1994, M.O. no. 13/126 of 10.11.1994
9. The Law on Automation and State Information Resources No. 467-XV of 21.11.2003, M.O. no.6-12/44 of 01.01.2004
10. The Law on the Copyright and Associated Rights No. 293-XIII of 23.11.94, M.O. no.13/124 of 02.03.1995
11. The Law on Countering Extremist Activities No. 54-XV of 21.02.2003, M.O. no. 56-58 of 28.03.2003
12. The Law on Disseminating Works of Art and Audio Recordings No.1459-XV of 14.11.2002, M.O. no. 11-13/42 of 31.01.2003
13. The Law on Advertising No. 1227-XIII of 27 June 1997, M.O. no. 67-68, 16 October 1997
General legal acts:
1. The Constitution of the Republic of Moldova, adopted 29.07.1994., publ. Monitorul Oficial al Republicii Moldova (M.O.) no. 1 of 18.08.1994
2. The Civil Code of the R. of Moldova, adopted by the Law No. 1107-XV of 06.06.2002, published in M.O. no. 82-86 of 22.06.2002
3. The Code on Administrative Contraventions, adopted by the Law of the SSRM of 29.03.1985
4. The Criminal Code of the R. of Moldova, adopted by the Law No. 985-XV of 18.04.2002, published in M.O. no. 128-129 of 13.09.2002
5. The Code of Civil Procedure of the R. of Moldova no. 225-XV of 30.05.2003, M.O. 111-115 of 12.06.2003
6. The Code of Criminal Procedure of the R. of Moldova no. 122-XV of 14.03.2003, M.O. 104-110 of 07.06.2003
7. The Law of Administrative Disputes No. 793-XIV of 10.02.2000, M.O. 57-58, 18.05.00
8. The Elections Code No.1381-XIII of 21.11.97, M.O. no. 81/667 of 08.12.1997
9. The Law on Telecommunications No. 520-XIII of 07.07.95, M.O. no. 65-66/713 of 24.11.1995
10. The Law on Countering Terrorism No. 539-XV of 12.10.2001, M.O. no. 147-149 of 16.12.2001
Textbook:
“Mass-media si legislatia. Analiza. Opinii. Propuneri”. -Chisinau: Universul, 2003
N.B.: specific bibliography will be listed for each individual topic.
