Percentage points will be awarded for the following major parts in your answer:
(A) An analysis of the market and its regulatory/legal environment, and why the legal decisions taken seemed inevitable.
(B) A critical evaluation in your own words is important in which you develop your own view on how the market developed as a result of the legal decision, as well as what might have changed if the legal decision had not been made and pure market forces would have been left to run their course.
(C) Your presentation (in the last week of the course) and how you organise its contents and explain the main issues you found in your answer to this assignment. (How you reply to questions may also count as an important factor towards your final grade).
It is expected that you will do some research for this assignment and provide an analysis of the pro and cons of the decision and its legal impact. It is also expected that you show linkages in your answer between the legal case and theory as covered in the course and related readings, and that you justify or validate your statements (your personal points of view) with information from quality sources of researched information or data.
Research a regulatory/legal decision in the field of media and analyze the legal impact of this decision:
– Briefly describe the decision and factors surrounding the decision
– How do you think the market developed/will develop as a result of the decision?
– Predict what might have changed had the issue been subject to pure market forces
Here are a few examples of relevant regulatory/legal decisions (this is an indicative and non exhaustive list):
• Modernization of the EU copyright rules,
• American Broadcasting Cos., Inc. v. Aereo, Inc.,
• Zeran v. America Online, Inc. (1998),
• Reno v. American Civil Liberties Union(1997),
• Perfect 10, Inc. v. Amazon.com, Inc.,
• Network Neutrality regulation,
• General Data Protection Regulation
This assignment assesses the following learning outcomes:
• Understand different ideas, concepts, definitions in Media law.
• Analyze current global issues, challenges and policies of media law and understand their significance.
• Understand the theoretical foundations, the key concepts, and key debates of Media law.
Structure of the Assignment
Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)
Issues (what is in dispute)
Holding (the applied rule of law)
Rationale (reasons for the holding)
Bibliography: You should use the Harvard Referencing System (including on power-point slides).
Elements that you may want to consider including in addition to the basic elements above are:
• Dicta (commentary about the decision that was not the basis for the decision)
• Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)
• Party’s Arguments (each party’s opposing argument concerning the ultimate issue)
• Comments (personal commentary)
Research and referencing: Your work should be fully referenced using the Harvard Referencing System.
GRADING PERCENTAGES FOR EACH PART:
MARKET AND REGULATORY/LEGAL DECISION ANALYSIS – 40 %
CRITICAL EVALUATION – 40 %
PRESENTATION – 10 %
SYNTHESIS – 10%