CODE | MCT3000 | ||||||||
TITLE | Broadcasting Law | ||||||||
UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||||
MQF LEVEL | 6 | ||||||||
ECTS CREDITS | 4 | ||||||||
DEPARTMENT | Media, Communications & Technology Law | ||||||||
DESCRIPTION | This study-unit will introduce the student to Maltese Broadcasting Law by studying the functions of the Broadcasting Authority in so far as its constitutional and legal functions are concerned. The notions of impartiality and balance as contained in the Constitution of Malta will be studied from a case law perspective. The study-unit will also deal with political broadcasting, licensing of broadcasting stations, satellite broadcasting, community radio regulation, complaints procedure, administrative penalties procedure and the various Codes, regulations, orders and requirements made under the Broadcasting Act regulating standards and practice as well as qualitative and quantitative legal obligations. Where possible, this subject will be studied from a comparative angle. It will also expose the student to the EU audiovisual acquis and to the Council of Europe's Convention on Transfrontier Television to which Malta is a party. Study-unit Aims The study-unit aims are the following: (a) to familiarise the student with Maltese Broadcasting Law; (b) to familiarise the student with EU Broadcasting acquis; (c) to familiarise the student with Council of Europe broadcasting law; (d) to familiarise the student with Maltese and EU case law; (e) to study Broadcasting Law from a comparative perspective; (f) to introduce to the student the main organizations involved in the regulation of broadcasting on a national (Malta), regional (Europe and the Mediterranean) and international level; (g) to interlink Broadcasting Law with other areas of the law such as Copyright Law, Communications Law and I T Law. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) know the provisions of Maltese, EU and Council of Europe Laws; (b) know the pertinent case law of Maltese Courts and the European Court of Justice on Broadcasting Law; (c) understand the relationship between Broadcasting Law and other branches of the law such as Constitutional Law, Administrative Law, Copyright Law, Communications Law and I T Law; (d) understand foreign broadcasting law and the differences between such law and Maltese Law. 2. Skills: By the end of the study-unit the student will be able to: (a) distinguish which provisions of Broadcasting Law are home-grown and which result from a transposition of EU Law or incorporation from a treaty; (b) advise any broadcasting station, independent production house or advertising agency as to what is allowed in terms of law in so far as audiovisual commercial communication is concerned; (c) decide what type of conduct is prohibited, allowed or allowed subject to certain limitations and/or restrictions on the broadcasting media; (d) apply principles of law developed in other branches of the law to broadcasting law; (e) critically appraise the lacunae and difficulties posed by broadcasting law to the audiovisual industry, stakeholders and the consumer (viewer and listener). Main Text/s and any supplementary readings Main Text: As there is no Maltese textbook on the subject, the following may be used as a textbook: - Geoffrey Roberston and Andrew Nicol, Media Law, Fourth Edition, London, Penguin Books Limited, 2002. Supplementary Readings: - K Aquilina & M Axiak, ‘Maltese Broadcasting Legislation: Salient Documentation’, Hamrun, Broadcasting Authority, 2007. - K Aquilina, Media Law in Malta, The Netherlands: Wolters Kluwer Law and Business, September 2014, 248pp, softcover, ISBN: 9789041153319. (This monograph may be purchased from marketing@kluwerlaw.com.) - Annual Reports of the Broadcasting Authority (1961 onwards). |
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ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
STUDY-UNIT TYPE | Lecture | ||||||||
METHOD OF ASSESSMENT |
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LECTURER/S | Francis Zammit Dimech |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |