Università degli studi di Modena e Reggio Emilia

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Federico PEDRINI

Overview

The course aims to deepen the legal learning of the information and communication law in its various forms, with specific regard to telecommunications and “new media”. All this with the specific aim to critically analyze the constitutional law also consider
its implementation by the national and community Legislator, from the perspective of pluralism of information.
One aim of the course is to achieve mastery of the topics of communication and information electronics, and also of digital law, both as part of a private citizen – with particular regard to the problems and proper legal framework for such forms of communication (for. ex. blog, social network, video conferences, etc.), as well as the commission of offenses through the communication and information electronics – both enterprises (e-commerce and electronic contract).
A final training objective is represented by an examination of the general aspects of the protection of intellectual property, particularly with regard to the recent european regulations.
Assuming the expression of thought and freedom of information as mainstays of an efficient and conscious democracy, including through the universal accessibility of the active and passive sources of information given by the new technologies, these objectives are functional to form citizens aware of the value of law, democracy and pluralism, and to acquire the technical and cultural tools of the profession of lawyer.

Admission requirements

Good knowledge of Italian Constitution, especially for what concerns the freedom of speech and expression and freedom of communication.

Course contents

Constitutional basis: art. 21 Const. and protection of freedom of information; art. 15 Const. and fundamental principles about freedom of communication;
Notions about the structure of telecomunication’s system: principal technological innovations, techniques of trasmission of signals, web communication and multimedial services, “new media”;
Bradcasting Law: the new code; the frequence law; the DDT; the protection of users; the public television service;
Telephone and internet communication Law; code of electronical communications;
Antitrust Law;
The protection of intellectual property and the protection of the author rights.

Teaching methods

The program is carried out through academic and dialogic lessons, in order to encourage the active participation of students. They are also offer workshops and meetings dedicated to current issues, even in the presence of external speakers. Any written exercises may be offered. Attending students will have the opportunity to coordinate individual research groups for the jurisprudential and doctrinal study of current topics. This research will be intended to procedural simulations on specific legal cases, in order to promote the deepening of the matter and the acquisition of occupational skills. Particular attention will be paid to the interaction with other doctrines of the degree course, especially with information and communication law and with the disciplines belonging to the realm of public law, in order to show the complexity of the discussed problems from different points of view.

Assessment methods

The exam is oral, but is granted only to students attending the opportunity to support optional exercise on the institutional part of the course. The interview will be conducted in dialogue mode to determine whether the candidate is able to establish connections between different subjects and apply to simple practical cases categories learned, arguing effectively the solutions proposed. Oral exam lasting a minimum of thirty minutes. It is believed that this method of examination, which is carried out by simulating a sort of “contradictory”, is the most relevant to the future employment of students graduate of reference, as well as the most appropriate, owing to the complexity of the matter, to explore the suitability and completeness of the preparation of candidates, as well as to minimize the uncertainty of the exam.

Learning outcomes

The organization of the course and final assessment criteria adopted aim to equip the student with a solid technical and cultural background, to hone his skills language and communication, and to develop a critical approach to the legal text, while increasing its ability to adapt acquired knowledge to concrete cases. In particular, it can reasonably expect the following:
Knowledge and understanding: through lectures and discussion in the classroom, as well as participation in seminars inside and outside the course, the student will learn the methodology and legal knowledge of the subject, both from a theoretical point of view as application/operating.
Ability to apply knowledge, understanding and independent judgment: during the lessons, it will be submitted to students relevant and current issues in order to allow them to apply, under the guidance of the teacher, the skills acquired, in critical thinking about traditional institutions of the information and communication law and arguing effectively the lawfulness or appropriateness the solutions adopted or to be adopted.
Communication skills: participations in the classroom, as well as the oral exam, will allow the student to develop a competent ability to synthesize, to express the concepts learned in a language appropriate legal and to hold a discussion on the issues discussed.
Learning skills: the proposed activities allow students to acquire the fundamentals of a precise methodological approach and of a scrupulous critical skills that will allow understand the possible reforms and the constant jurisprudential evolution that characterize the subject, also in order to face, with the competence and autonomy, the future employment.

Readings

Zaccaria, Diritto dell’informazione e della comunicazione, Padova, Cedam, 2013, limitatamente ai capitoli:
I; II; III; V (sola lettura e limitatamente ai paragrafi 4.;5.;6.) VI; XII; XIII; XVII.