Information Law (21329)

Degree/study:bachelor's degree in Journalism
Year: third
Term: first
Number of ECTS credits: 4
Hours of studi dedication: 100
Teaching language or languages: Spanish
Teaching Staff: Rafael Bustos Gisbert

1. Presentation of the subject

This subject is geared to familiarizing students with fundamental aspects of law applicable to their future professional activity. The teaching involved is therefore intended to be eminently practical, with constant analysis of cases. Given its duration, the course does not encompass in-depth theoretical teaching on the limits of the right to information, which is thus the main focus of practical classes.

2. Competences to be attained

General:

GI1: Understanding and interpreting written texts of an academic nature and level appropriately and logically.

GI2: Being able to back up personal opinions with sound arguments and to defend them in public.

GP2: Developing the ability to think independently and critically about controversial topics or issues.

GP3: Accepting the diversity of points of view as a fundamental part of academic life and a condition inherent to contemporary society, and respecting differing opinions.

GS2: Being able to apply and adapt acquired knowledge to new contexts and situations flexibly and creatively.

Specific to the degree:

E6. Being aware of the world's situation and recent historical development.

E8: Being familiar with the ethics and deontology of journalism and the legal system applicable to information.

E16: Being able to read and analyze specialized texts and documents on any relevant topic.

Specific to the subject:

- Being conversant with constitutional rights concerning information.

- Being conversant with legislation affecting information-related activities.

- Being able to act professionally in keeping with the above.

3. Contents

General:

Information and fundamental rights, in accordance with the Spanish Constitution.

Legal system applicable to information and communication.

Theoretical study and practical cases in messages, media and subjects.

Programme:

Part 1: From freedom of the press to information law

Topic 1. A historical overview of freedom of information. The notion in the context of the struggle for fundamental rights. Freedom of the press: links with other rights. Classic limits to freedom of the press: obscenity, insulting the authorities, sedition, etc.

Topic 2. Freedom of information. Historical context: the emergence of the major mass media; media use by totalitarian regimes. The specialization of rights: from freedom of the press to free communication: manifestations of the right to free communication.

Topic 3. The definition of freedom of information. Source. Receiver. Message. Channel. Context.

Part 2: Aspects of the right to information

Topic 4. The individual aspect of freedom of information. The prohibition of censorship. Freedom of research. Professional secrecy. Freedom to receive information.

Topic 5. The institutional aspect of freedom of information (1). The guarantee of the existence of a free public opinion: concept and importance for a democratic system. The consequences of this aspect: veracity and pluralism. Veracity: concept and scope.

Topic 6. The institutional aspect of freedom of information (2). Pluralism. Concept. Internal pluralism: conscience clause and other systems. External pluralism: formulas that guarantee such pluralism.

Topic 7. The institutional aspect of freedom of information (3). The guarantee of freedom in the audiovisual media. Television systems: monopoly, competition, residuality and complementarity. Public media regulation: Spain's national and autonomous community media. Private media regulation; the Audiovisual Council in particular.

4. Assessment

The final grade will be determined on the basis of the criteria described below.

The final exam will comprise two parts. The first will be a traditional exam on the subject's basic concepts, and will account for 40% of the final grade. The second will consist of a case study to be resolved by each student individually, and will also account for 40% of the final grade.

The remaining 20% of the final grade will be based on the presentation of a case study by all students and their participation in practical classes.

5. Bibliography and teaching resources

5.1. Basic bibliography

CARRERAS SERRA, L. de. Derecho español de la información. Editorial UOC, 2003.
CARRILLO, M. Los límites a la libertad de prensa en la Constitución española de 1978. PPU, 1987.
CARRILLO, M. La cláusula de conciencia y el secreto profesional de los periodistas. Civitas, 1993.
CORREDOIRA, Loreto; BEL MALLÉN, Ignacio. Derecho de la Información. Barcelona: Ariel Comunicación, 2003.
CREMADES, J. Los límites de la libertad de expresión en el ordenamiento jurídico español. La Ley - Actualidad. 1995.
URÍES, J. Lecciones de derecho de la información. Madrid: Tecnos, 2003.

5.2. Complementary bibliography

To be provided during the course.

5.3. Teaching resources

During the course, the presentations that the lecturer and the students give in class will be made available via the Aula Global.

6. Metodology

Theory classes will take place on Tuesdays and practical classes on Thursdays.

Practical classes will consist of discussing cases related to the subject on the basis of a group of students presenting a ruling. The idea is to mainly concentrate on the topic of the limits to freedom of information. All students must present at least one case. In the first practical class, students will be provided with a list of rulings and the dates on which they are to be presented. Two different cases will be presented by groups of five students in each practical class. The practical part of the final exam will be based on the cases in question.

7. Planning of activities

Week	Tuesday	Thursday
First	Topic 1. The rights system and freedom of the press	Practical class: basic description of the state
Second	Topic 2. From freedom of the press to the right to information	Practical class: basic description of the judiciary
Third	Topic 2. Manifestations of freedom of expression	Practical class: ruling presented by lecturer
Fourth	Topic 3. Basic elements of communication from a legal perspective	Practical class: ruling presented by lecturer
Fifth	Topic 4. The prohibition of censorship. Freedom of research and professional secrecy	Practical class: rulings presented by students. Topic: pre-emptive censorship
Sixth	Topic 5. Institutional aspect. Veracity	Practical class: rulings presented by students. Topic: the right to honour
Seventh	Topic 6. Pluralism. Internal pluralism: conscience clause	Practical class: rulings presented by students. Topic: the right to privacy (1)
Eighth	Topic 6. Pluralism. External pluralism	Practical class: rulings presented by students. Topic: the right to privacy (2)
Ninth	Topic 7. Public intervention in the media. Audiovisual councils	Practical class: rulings presented by students. Topic: image rights
Tenth	Practical class: rulings presented by students. Topics: veracity and neutral reporting	Practical class: rulings presented by students. Topics: professional secrecy and the discourse of hatred