1. 1
MEDIA LAW
THE ABC OF EUROPEAN UNION LAW
Three main groups of organizations:
1. The Euro-Atlantic organizations
2. Council of Europe and OSCE – structured to enable as many countries as possible to
participate.
3. European Union – distinguishes itself from the usual type of international association of
states. They act independently.
TREATY: A formal, written agreement between sovereign states [nonphysical juridical entity of the
international legal system that is represented by a centralized government that has supreme
independent authority over a geographic area. International law defines sovereign states as having a
permanent population, a government, and the capacity to enter into relations with other sovereign
states] or between states and international organizations.
The subjects of treaties span the whole spectrum of international relations: peace, trade,
independence, reparations, territorial boundaries, human rights, immigration, and many others. As
times change, so do treaties.
TEU (Treaty on European Union)
Is completely restructures into 6 titles:
1. Provisions (bepalingen) on democratic principles
2. Provisions on institution
3. Provisions on enhanced cooperation
4. General provisions on the Union’s external action and specific provisions on the common
foreign and security policy
5. Final provisions
Treaty on the Functioning of the European union (TFEU) has been developed from the Treaty
establishing the European Community. It has more or less the same structure as the EC treaty
(European Community). The main changes concern the external action of the EU and the
introduction of the chapter about energy policy, police and judicial cooperation in criminal matters,
space, sport, and tourism.
Treaty establishing the European Atomic Energy Community (EAEC): this treaty has been amended at
different stages, in each case; the specific amendments have been made in protocols annexed to the
Treaty of Lisbon.
Three pillars of the EU:
1. Essentially the single market and the EC policies (merged into 2)
2. Consisting of the common foreign and security policy
3. Covering police and judicial cooperation’s in criminal matters.
The EU has currently 27 Member States.
There is no greater motivation for European unification than the desire for peace. A policy for
Europe, means at the same time a policy for peace. Unity and equality are the recurring themes

2. 2
The fundamental freedoms:
- Freedom of movement for workers
- Freedom of establishment
- Freedom to provide services
- Free movement of goods and capital
These fundamental freedoms guarantee business people freedom of decision-making, workers
freedom to choose their place of works and consumers freedom of choice between the greatest
possible variety of products.
Solidarity is the necessary corrective to freedom. For inconsiderate exercise of freedom is always at
the expense of other.
The fundamental rights: (these are developed by the Court of Justice through Community law)
- Freedom of movement
- Freedom to choose and practice a profession
- Right of ownership
- Freedom to engage in an occupation
- The inviolability of the home
- Freedom of opinion
- General rights of personality
- Protection of the family
- Economic freedom
- Freedom of religion or faith
- Right to due legal process
Every social organization has a constitution.
Constitution: the means by which the structure of a political system is defined.
The elements, which together typically characterize the special legal nature of the EU:
- The institutional set-up, which ensures that action by the EU is also characterized by the
overall European interest (every country is taking the responsibilities for its actions)
- The transfer of powers to the Union institutions to a greater than in other international
organizations, and extending to areas in which States normally retain their sovereign rights
- The establishment of its own legal order, which is independent of the Member States’ legal
orders.
- The direct applicability of the Union Law, which makes provisions of Union law fully and
uniformly applicable in all Member States, and bestows rights and imposes obligations on
both the Member States and their citizens.
- The primacy of Union law, which ensures that Union law may not be revoked or amended by
national law and that it takes precedence over national law if the two conflict.
So, the EU is an autonomous entity with its own sovereign rights and a legal order independent of
the Member States.
The EU is not yet a ‘finishes product’; it is in the process of evolving and the form it finally takes still
cannot be predicted.
The only feature that the EU has in common with the traditional international organizations is that
came into being as a result of an international treaty.

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The tasks of the EU, with respect to common foreign and security policy:
1. Safeguarding the commonly held values, fundamental interests and independence of the EU
2. Strengthening the security of the EU and its Member States
3. Securing world peace and increasing international security
4. Promoting international cooperation
5. Promoting democracy and the rule of law, and safeguarding human rights and basic
freedoms
6. Establishing a common defense
WEEK 1 POWERPOINT
Media and law covers diverse areas, e.g.:
1. Media regulation
2. Telecom/information technology
3. Freedom of expression/censorship
4. Privacy
5. Intellectual property (I.P.)
6. Commerce
7. Criminal justice
Fields:
- International law
- Public law
- Civil law
- Criminal law
WEEK 2 POWERPOINT
Problems regarding the international aspect:
- Real boundaries
o Different law systems
o Different laws and regulations
o Different interpretations – cultural/national
- Perceived boundaries
o Cultural
o Ethical
o Political
Legal systems:
- Customary
Religion based, decisions derived from interpretation of religious texts
- Common law
‘Case law’ pre-eminent
UK and US
- Civil law
A Roman system: systematic and written codex
European and ‘newer nations’ every country which has belonged to the roman-empire in
Europe, has a civil law. So the Netherlands also!

4. 4
Europe (inside EU)
- Bottom to top
o National legal systems
o Laws originating from European regulations
o EU law
o International Treaties
Europe (outside EU)
o National legal system
o International Treaties
EU main points:
- Common market – free movement of:
o Goods
o Capitals
o Services
o Persons
Sources of Union law:
1. Primary Legislation
Union Treaties – general principles of law
2. The EU’s International Agreements
3. Secondary Legislation (wetgeving)
o Legislative acts (wetgevendehandeling): regulations, directives, decisions
o Non-legislative acts
o Delegated acts (gedeligeerde handeling) – implementing acts
o Other acts: recommendations and opinions, inter-institutional agreements,
resolutions, declarations and action programs.
4. General principles of law
5. Conventions between the member states
Coreper decisions and international agreements
wetgevende handeling: europese wetten, die moeten in de EU zitten.
verschillende wetten. boven naar beneden geimplementeerd (geldt voor elk
land, press freedom)
gedeligeerde handeling: er is iets bedacht door europese wetgeving maar moet
uitgewerkt worden door de nationale wetgever ''jullie moeten bedenken ...''
implementing acts: wetten en richtlijnen die gemaakt zijn oor de europese
wetgeving. bijv. nederland en dat moet nederland uitwerken
legal acts: europese hof voor de rechten van de mens en het europese hof van
justitie
Secondary legislation: regulations and directives:
Regulations:
- EU wide: fully applicable in all member states
- Directly applicable
Directives:
- Binding in objectives (goal is harmonization)
- Transition is up to respective member states
- Time limit

5. 5
WEEK 3 POWERPOINT
Studyguide:
Freedom of Speech is a generally regarded well-known concept, and is in practice depending on
aspects of time, place, culture and personal beliefs, differently conceived. They question what you
can say to whom is a recurring subject of heated debate.
Freedom of speech:
The political right to communicate one's opinions and ideas using one's body and property to anyone
who is willing to receive them. The term freedom of expression is sometimes used synonymously,
but includes any act of seeking, receiving and imparting information or ideas, regardless of the
medium used.
In practice, the right to freedom of speech is not absolute in any country and the right is commonly
subject to limitations, as with libel, slander, obscenity, sedition (including, for example inciting ethnic
hatred), copyright violation, revelation of information that is classified or otherwise protected.
Het opzettelijk aantasten van iemands eer of goede naam door
verspreiding van een bepaald feit is een misdrijf: smaad. Als dat
schriftelijk gebeurt, en publicatie op een website is "schriftelijk", maakt de
dader zich schuldig aan smaadschrift. Een verwant misdrijf is laster: het
opzettelijk verspreiden van iets waarvan de dader weet dat het een
leugen is.
Een belediging is een algemene negatieve uitlating over een persoon.
Smaad is een specifieke uitlating die iemands goede naam probeert aan te
tasten. Is de uitlating niet waar, dan heet het laster.
ICCPR (International Covenant on Civil and Political Rights (1996) – The ICCPR is a treaty.
The ICCPR commits its parties to respect the civil and political rights of individuals, including:
- the right to life
- freedom of religion
- freedom of speech
- freedom of assembly
- electoral rights
- rights to due process and a fair trial
Rights for the individual via the First Optional Protocol
Rights dependent on signing and ratification (bekrachtiging)
Not ratified by i.a.: Burma, China, Malaysia, Singapore, Qatar.
US
Freedom of speech US DO include:
- Not to speak (specifically), the right not to salute the flag
- Of students to wear black armbands to school to protest a war
- To use certain offensive words and phrases to convey political messages
- To contribute money to political campaigns
- To advertise commercial products and profession services
- To engage in symbol speech e.g.: burning the flag in protest

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Freedom of speech US DON’T include:
- To incite action that would harm others (shouting ‘fire’ in a crowded theatre)
- To make or distribute obscene materials
- To burn draft cards as an anti-war protest
- To permit students to print articles in a school newspaper over the objections of the school
administration
- Of students to make an obscene speech at a school-sponsored event
- Of students to advocate illegal drugs use at a school-sponsored event
EUROPE
- National laws
- European convention on Human Rights
- Charter fundamental Rights EU (art. 11)
- European Court of Human Rights decides cases concerning ECHR
AROUND THE WORLD
Hong Kong:
Article 27:
Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of
association, of assembly, of procession and of demonstration; and the right and freedom to form and
join trade unions, and to strike
South Africa:
Article 16: freedom of expression:
1. Everyone has the right to freedom of expression, which includes
a. Freedom of press and other media
b. Freedom to receive or impart information or ideas
c. Freedom of artistic creativity
d. Academic freedom and freedom of scientific research
2. The right in subsection 1 does not extend to:
a. Propaganda for war
b. Incitement of imminent violence
c. Advocacy of hatred that is based on race, ethnicity, gender or religion, and that
constitutes incitement (aansporing) to cause harm
WEEK 5 POWERPOINT
Copyright ©: the protection of the interest of creators (1), by giving them property rights (2) over
their creations (3).
Copyrights protect the expression of ideas. Artistic works are generally considered to be expressions
of ideas – books, paintings, songs, movies, and computer programs are examples. Copyright will not
protect the process through which a particular work was created or the use of information within it
(instructions, etc.).
Patent/octrooi: A patent is a right, granted by the government, to exclude others from making,
using, or selling your invention. Patents protect inventions such as new processes, machines, or
chemicals. The central idea is that patents protect ideas, not just expressions of them. The main
effect of patents is to give their holders the right to challenge any use of the invention by a third

7. 7
party. He thereby gave a temporary monopoly of exploitation, which can be understood as a financial
incentive for inventive industrial activities.
Rationale:
- Stimulus for creativity and thereby promoting social, economic, and cultural development
- Served at encouraging and protecting investments in the cultural etc. sectors
- Protects the moral rights of the author in his work
“Copyright protection applies only to expressions and not to ideas, procedures, methods of
operation or mathematical concepts as such” – TRIPS Khartoum 2005
1. ‘Protection of the
interest of creators’:
- Protection:
By law: liability (civil law;
possible: criminal law)
- Interest:
The exclusive right to
use the work (e.g. to
make copies)
- Creator:
The original creators
(&successors)
In some cases: the
employer
2. ‘By giving them property
right’
- Giving:
Provisions in national
law and international
treaties
- Property rights
Special kind of property:
intellectual property
(I.P.)
Right to use as he
pleases (within the law)
3. ‘over their creations’
- Their
Who is the creator?
Determination of
authorship
Transfer of rights?
- Creation
Creation of the human
mind (so not: idea!)
Moment of creation
Originality
What works?
Protection by Law
- National laws: Bulgaria, China, UK, USA, Germany
- Mostly bases on:
o International treaties
o Berne Convention (1886)
1. National treatment (same as author from ‘own country’),
2. Automatic protection (no formalities),
3. Independent protection (protected no matter if work if protected in country of
origin),
4. minimum rights (as described in the convention)
o WIPO treaty 1996
o TRIPS
1. Standards for the substantive protection of essential I.P rights
2. Provisions on basic principles (national treatment and most-favored-nation)
3. Standards on enforcement
4. Provisions on dispute settlement
5. Transitional/institutional arrangements

8. 8
Protected Rights:
- Copyright as such
Authors
o Economic rights
o Moral rights (paternity rights)
- Neighboring (related) rights
Performing artists, phonogram
producers, broadcasters
Economic rights:
- Reproducing
- Translating, adapting, other
alterations
- ‘Making the work publicly available’
- Transfer of rights often requires
written proof
Moral rights:
- To be identified as the author
- To object to derogatory treatment
- Similar rights exist for performers
Limitations:
- Certain forms of use are excluded
from protection
- Only when rules with this 3-step test:
1. Only (certain) special cases
2. That do not conflict with the
normal exploitation of the work,
3. That do not unreasonably
prejudice the legitimate interests
of the author/right-holder
Except:
- ‘Fair Use’ (USA and selected others)
- National legislation (study,
commentary, citation, satire, etc.
The copyrights end when:
- Mostly 70 years after the death of an
author
a. Different when copyright ‘non-
human author’
b. Trend to extend the period
(Mickey Mouse/Sonny Bono law)
- Transferring into public domain
- Creative Common License – no public
domain
Where has the © gone?
- Until 1989 the symbol was obligatory
- In 1989 the USA joined the Berne
Convention
- The Bern Convention prohibits any
formality, so the © is no requirement
- Copyright establishes itself
automatically
WEEK 5 POWERPOINT
Privacy aspects:
- Private property
- Relations
- Right to anonymity
- Personal information
a. Commercial data
b. Medical data
c. Communication
- Portrait
Areas of protection:
- Internet
a. Search behavior
b. Transactions
- Medical records
- Finance
- Voting/political opinion
(Right to) privacy definition:
- Oxford dictionary:
A state in one is not observed or disturbed by other people
- Justice Louis Brandeis (1890)
The right to be let alone
- Australia:
“..information or an opinion (including information or an opinion forming part of a database),
whether true or not, and whether recorded in a material form or not, about an individual
whose identity is apparent, or can reasonably be ascertained, from the information or
opinion.”

9. 9
Patriot act (2001)
- Strengthening America by providing appropriate tools required to intercept and obstruct
terrorism act of 2001
Privacy and the well-known individual:
- Caroline of Monaco
Princess Caroline von Hannover has been campaigning in various European countries for over
10 years, fighting against the publication of photographs about her private life.
- Judgments ECHR on privacy and photography
- Worldwide photography rights
- Photographers’ woes in France
WEEK 6 POWERPOINT
Advertising: different shapes and forms in media i.a.:
- Direct advertising
- Product placement
- Sponsoring
Important issues in advertising:
1. Freedom of speech
2. Consumer protection
3. Protection of minors
4. Comparative advertising
Advertising in the USA
- FTC (division advertising practices)
- Commercial speech:
a. “Does no more than propose a commercial transaction and which is related solely to the
economic interests of the speaker and its audience – Supreme Court
b. Protected under the 1st
amendment
c. In general less protected than non-commercial free speech
d. Criterion: intermediate scrutiny
Four part test for restricting advertising:
1. Protection by 1st
amendment (not unlawful, misleading, etc.)
2. Substantial interest of government?
3. Does the regulation directly advance government interest?
4. Does the regulation reach no farther than necessary? (‘proportionality’)
Comparative/unfair advertising:
Advertisement that compares alternative brands on objectively measurable attributes or price, and
identifies the alternative brand by name, illustration or other distinctive information.
Advertising in the UK:
- Advertising Standards Authority (A.S.A.)
- Self-regulatory organization
- ‘Advertisements should not mislead or cause serious widespread offence or harm ’

10. 10
Advertising in China:
‘Article 7: the contents of an advertisement shall be conducive to the physical and mental health of
people, shall promote the quality of commodities and services, protect the legitimate rights and
interests of consumers, be in compliance with social morality and professional ethics, and safeguard
the dignity and interests of the State.’
Important articles;
ECHR (European convention on Human Rights):
Article 10 – Freedom of expression:
1. Everyone has the right to freedom of expression.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be
subject to such formalities, conditions, restrictions or penalties as are described by law and
are necessary in a democratic society, in the interests of national security, territorial integrity
or public safety, for the prevention of disorder of crime, for the protection of health or
morals, for the protection of the reputation of others, for preventing the disclosure of
information received in confidence, or for maintaining the authority and impartiality of the
judiciary.
ECHR
Article 8 – right to respect for private and family life:
1. Everyone has the right to respect for his private and family life, his home and his
correspondence
2. There shall be no interference by a public authority with the exercise of this right, except
such as is in accordance with the law and is necessary in a democratic society in the interests
of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection
of the rights and freedoms of others.
ICCPR (International Covenant on Civil and Political Rights)
Article 19:
1. Everyone shall have the right to hold opinions without interference
2. Everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds. Regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice
3. The exercise of the rights provided for in paragraph 2 carries with it special duties and
responsibilities. It may therefore be subject to certain restrictions, but these shall only be
such as are provided and are necessary:
a. For respect of the rights or reputations of others
b. For the protection of national security or of public order, or of public health or morals
ICCPR
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home
or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.