Communication Law

Sustainable Development Goals (SDG)

• 5. Gender equality
• 16. Peace, justice and strong institutions

Objectives

The objective of this subject is to introduce students of the degree in Audiovisual Communication to the study of the legal system in general and of the law affecting audiovisual communication in particular, so that they acquire a critical understanding of its legal regime, its own terminology, the regulation of audiovisual content (especially the legal limitations of the right to communicate freely and those affecting the advertising field in the media), without neglecting the study of the different regulatory bodies (including supranational ones) and that of the bodies with jurisdiction in audiovisual matters.

Learning outcomes

• Develops in complex situations or those that require the development of new solutions.
• Assume different responsibilities in individual or collaborative work and evaluate the results obtained.
• Shows attitudes of respect towards linguistic, social and cultural diversity.
• Critically analyzes and interprets the legal regime and documentation of audiovisual communication law.
• Learn about the institutions of the European Union and the law they generate in the field of audiovisual communication.

Competencies

General skills

• Acquire skills in project design and management by making appropriate decisions and using problem solving strategies.
• Demonstrate interpersonal skills and be able to adapt to new situations and work under pressure.
• Organize and plan tasks related to professional performance through proper time management and timing of these tasks.
• Show motivation for personal improvement, concern for quality and ethical commitment.

Specific skills

• Acquire the skills to exercise the profession in a responsible way on the basis of ethical and professional principles of communication in general and audiovisual communication in particular.
• Understand the basic concepts of business management and communication departments, together with the economic, legal and financial situation of communication activity in the sector.

Basic skills

• Students can apply their knowledge to their work or vocation in a professional manner and have competencies typically demonstrated through drafting and defending arguments and solving problems in their field of study.

Core skills

• Be a critical thinker before knowledge in all its dimensions. Show intellectual, cultural and scientific curiosity and a commitment to professional rigor and quality.
• Exercise active citizenship and individual responsibility with a commitment to the values of democracy, sustainability and universal design, through practice based on learning, service and social inclusion.
• Interact in international and worldwide contexts to identify needs and and new contexts for knowledge transfer to current and emerging fields of professional development, with the ability to adapt to and independently manage professional and research processes.

Content

1. Introduction to the world of law
   1. Concept, characteristics, purpose and application of law by the courts of justice
   2. The importance of the Spanish Constitution of 1978 and the principle of normative hierarchy
   3. The plurality of regulatory bodies in the field of audiovisual communication: state and regional regulations and the impact of community law
2. Regulatory framework for audiovisual communication
   1. The anachronistic legislative framework prior to the current regulations on audiovisual communication in Catalonia and in the Spanish State
   2. Its translation in Law 22/2005, of December 29, on audiovisual communication in Catalonia (LCAC) and in Law 7/2010, of March 31, general law on audiovisual communication (LGCA)
   3. Supranational rules: directives of the European Parliament and the Council on audiovisual matters
3. General principles of communication in the Audiovisual Communication Law
   1. The truthfulness of information from a legal and jurisprudential point of view
   2. The protection of fundamental rights by providers of audiovisual communication services
      • Protection of the rights to honor, privacy and self-image (organic law of 1982)
      • Protection of the rights of children and young people: minors
      • Protection of intellectual property
   3. The right of rectification according to the organic law of 1984
4. Regulation of audiovisual content
   1. The basic principles of audiovisual programming under the LCAC
   2. The obligations of audiovisual communication service providers
   3. The rights of users of audiovisual communication services
   4. The obligations of audiovisual communication service providers
      • The right to professional secrecy
      • The right to conscience clause (organic law of 1997)
5. Advertising, teleshopping and sponsorship in audiovisual media
   1. The impact of advertising, teleshopping and sponsorship content on financing and audiovisual communication products based on the LCAC and the LGCA
   2. Illegal, prohibited or concealed advertising and teleshopping. Forms of presentation
   3. Television sponsorship
   4. Regulations on institutional advertising
6. The Catalan Audiovisual Council and the Catalan Audiovisual Media Corporation
   1. The Catalan Audiovisual Council (CAC): nature, composition, functions and powers
   2. The regulatory power of the Catalan Audiovisual Council (CAC)
   3. The sanctioning regime: infringements and sanctions
   4. Organization and operation of the Catalan Corporation of Audiovisual Media
   5. The contract program

Evaluation

The evaluation of the subject consists of three parts:

• Student observation and participation in the classroom: 10%
• Results of the follow-up of practices: 50%. This percentage includes the monitoring, by the teacher, of the work carried out.
• Specific assessment test/exam: 40%. There is a second test (retake) to recover the theoretical part of the subject.

Methodology

• Although the subject is taught in person and is therefore taught in lectures, the University's Virtual Campus is also used, a space where documents (doctrinal articles, national and international court rulings, etc.) of great interest for the comprehensive training of students are stored on a regular basis. Real practical cases are also studied.
• Students must complete their training with comments and analysis of documents proposed in the classroom and online, and with work on topics covered in class.

Bibliography

Key references

• Azumendi Adarraga, A. (2011). Derecho de la comunicación. Bosch.
• Balaguer Callejón, M.L. (2016). Derecho de la información y de la comunicación. Tecnos.
• Guichot, E. (2018). Derecho de la comunicación. Portal Derecho.
• Pérez Díaz, R. (2018). Los derechos al honor, a la intimidad personal y familiar y a la propia imagen del menor en el siglo XXI. Aranzadi.
• Varios Autores (2018). La nueva perspectiva de la tutela procesal de los derechos fundamentales. Centro de Estudios Políticos y Constitucionales.

Further reading

Teachers will provide complementary bibliography and compulsory reading throughout the course via the Virtual Campus.