96434 - Law, Information and Digital Transformation

Learning outcomes

At the end of this class the students acquire the knowledge and the juridical tools useful to understand the dynamics of our political and institutional system and to work in the field of information and media At the beginning the course focuses on the analysis of the legal method and the study of our constitutional system. In the second part, also through the study of cases, students learn the rights, duties and limits related to the freedom of press and speech, as well as the legal framework that regulates the sector of traditional media (press, radio and television and telecommunications), the new media (rights to the network and rights on the net), and the show business (cinema and theater).

Course contents

N.B. For the students of Discipline delle Arti Figurative, della Musica, dello Spettacolo e della Moda (6 CFU), the program is limited to the topics of Unit 2

Unit 1

Part I – Public Law basics

This first part aims at analyzing the fundamental aspects of public law, in particular:

Introductory knowledge
- The State: conception and main features
- Forms of State
- Unitary state, federal state, regional state
- Forms of Government

The system of law sources
- Regulations and legal order
- The Constitution of the Italian Republic
- Ordinary law and secondary legislation

Notes on EU legal order
- EU law sources
- European Union bodies
- The European Constitution and other european law sources

Constitutional bodies
- The electorate
- The Parliament
- The Government
- The President of the Republic
- The Constitutional Court
- The Superior Council of Judges and the judicial power


Part II – Freedom of information and communication

In this second part, students analyze the main constitutional provisions concerning freedom of information and communication, in particular on freedom of Press in its different branches (judicial reporting, editorials and reviews, satire, interview). On the opposite side, the analysis focuses on the explicit and implicit limitations of these freedoms. Further attention is given to the “new rights”, which emerged as a result of the new technologies innovations.

1. Freedom of expression – substantial profile
- The Italian Constitution: previous regulations and foreign legal orders
- Article 21 of the Italian Constitution
- The structure of article 21
- Subjective profile and objective profile
- Connections and distinctions with other constitutional rights
- Freedom of expression, negative freedom: the right to silence

1.1. Limitations to the freedom of expression
- The explicit limit: public moral or decency (article 21, paragraph 6); main definitions from the civil code and penal code
- Implicit limits
- the interpretation of article 2 of the Constitution
- The role of interpretation and balance of the Constitutional Court
- The classification of the implicit limits

2. Freedom of expression – instrumental profile

2.1. Right to inform and the limit of honor
a) Freedom of press
- Limitations: honor and dignity
- Analysis of article 51 of the Italian penal code
- Set of rules for journalists

b) Other forms of the right to inform
- Editorials and reviews
- Satire
- Interview
- Political communication (notes)
- Advertising communication (notes)

c) Other limitations to the right to information
- Right to privacy
- Secrets
- Right to personal image
- Right to personal identity
- Right to to be forgotten
- Crimes of opinion, propaganda, public defamation (notes)
- Right of reply

2.2. Right to be informed
- Right holders
- Individuals responsible for fulfilling the right
- The right to receive news as a social right
- Interest in pluralism of information and right to information
- Pluralism: internal, external, total

2.3. Right to obtain information
- Notes on the Right to access public informations

3. Freedom of correspondence and communication
- Article 15 of the Constitution of the Italian Republicand previous regulation
- Right holders
- Object of the right
- Extensions and requirement for the communication
- Protection of privacy and choice of the communication medium
- Guarantees and limitations
- Relations between article 21 and article 15 of the Constitution

Unit 2

Part III – Media and the Net

 
This part focuses on the main features of the regulation of the different sectors of information and communication (press, terrestrial television and radio, telecommunications, Internet) and on the role of the authorities, which govern and control the whole system in Italy.

1. Press
- A brief historical overview
- Press Act, law 47/1948 and Publishing and editorial products Act, law 62/2001
- Register of Communication Operators and competition rules for magazine publishing
- Press funding policy
- Publishing companies
- Journalists: rights and duties
- Regulation of the Journalist Association and Register

2.Television and radio
- A brief historical overview
- The role of the Constitutional Court in the evolution of the broadcasting system
- European Union and broadcasting system
- Radiotelevision and advertisement
- Terrestrial television and radio and antitrust
- The Gasparri Act and theThe Integrated System of Communications
- Competition rules in the digital television market
- The Unified Code on Media Audiovisual services and Radio
- Audiovisual media services and streaming

3. Communications
- Historical background
- European legislation and liberalisation of the communications market
- Italian regulations on telecommunications
- OTT and TELCO
- Service competition
- Network competition

4. The legal regulation of the Internet
a) The Right to the Net
- Economic value and legal relevance of data
- The right of access to the internet
- Digital divide and contrast measures

b) Network law, between theory and practice
- Self regulation
- The Bill of Rights
- Lessing's Pathetic Dot Theory
- The jurisprudential solution
- The new rights

c) Legal Order, Subjects and Challenges of the Digital Marketplace
- Net Providers, Content Providers and Service Providers
- Digital Platforms
- Gatekeepers
- Big Data
- Net neutrality perspectives
- Blockchain Technology
- Judicial truth, factual truth and fake news

Part IV – Freedom of culture and freedom of artistic expression – The entertainment sector

In this part, students analyse the constitutional provisions on freedom of art and culture, by focusing, in particular, on the of values of aesthetics and culture in the Constitution of the Italian Republic. Afterwards, students explore the limitations to these freedoms, specifically the relation among art and obscenity.

1. Constitutional principles on arts and culture
- Law and artistic and cultural production: a brief historical overview
- The system of constitutional rights
- Article 9 of the Constitution of the Italian Republic
- Promotion, development and protection of culture
- Aesthetics and culture as fundamental values of the Italian legal order
- Article 33 of the Constitution of the Italian Republic
- Freedom of art, science and of their teaching
- Freedom of artistic expression as a positive freedom
- Logic and limits of public intervention in the cultural field
- Cultural pluralism

1.1. Limitations to the artistic expression
- Art and obscenity
- Connections between the limits in article 21 and article 33
- Evolution of the constitutional case law on art and obscenity


Part V – The entertainment sector: cinema, theatre and live performance

This part focuses on the main features of the regulation in the fields of cinema, theatre and live performance; Functions of State and regions; the system of direct and indirect intervention of public institutions in these sectors, with particular reference to the discipline of the Fondo Unico per lo Spettacolo (FUS)

- A brief historical overview
- The role of State and government bodies in the sector of entertainment
- Direct intervention
- Indirect intervention: Fondo Unico per lo Spettacolo (FUS) and other form of censorship
- Main reforms of theatre and live performance
- Lyrical Theatre foundation
- Main reforms of cinema

Students with SLD or temporary or permanent disabilities. It is suggested that they get in touch as soon as possible with the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) and with the lecturer in order to seek together the most effective strategies for following the lessons and/or preparing for the examination.

Readings/Bibliography

For the students of Scienze della Comunicazione (12 CFU)

1. R. Bin e G. Pitruzzella, Diritto pubblico, Giappichelli, 2024, limited to Percorso 1, Chapters I, II, III, IV e Percorso 2, chapters I, II, III, VII, VIII, IX.

or, as an alternative
A. Barbera e C. Fusaro, Corso di diritto pubblico, ed.2024, Il Mulino limited to chapters I, II, III, V, VI, VII, VIII, IX, X, XI, XII, XIII, XVI, XVII.

This book is available also in an online version, see https://youtu.be/Cx2DHcCbLe8

As support, for this part at foreign students it’s recommended G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2022, limited to chapters 1,2,3,4,5,7,8,9,10,11,12,13,14.

2. G. Gardini, Le regole dell'informazione. Pluralismo e libertà nell’era dell’intelligenza artificiale, VI edizione, Giappichelli, ed. 2024.

3. F. Rimoli , voce L'arte, in S. Cassese (a cura di) Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo II, pag.1513 e ss. (on Virtuale)

limited to paragraphs 1.1, 1.2, 1.3, 2.1, 2.2.

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For the students of Discipline delle Arti Figurative, della Musica, dello Spettacolo e della Moda (6 CFU)

1. G. Gardini, Le regole dell'informazione. Pluralismo e libertà nell’era dell’intelligenza artificiale, VI edizione, Giappichelli, ed. 2024

limited at chapters 5, 6, 7, 8, 9, 12.

2. F. Rimoli , voce L'arte, in S. Cassese (a cura di) Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo II, pag.1513 e ss. (su Virtuale)

limitatamente ai paragrafi 1.1, 1.2, 1.3, 2.1, 2.2.

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For all students

It is recommended to read some of the laws and Court decisions presented in class (on Virtuale)

Teaching methods

The course is taught in frontal lessons.

Attendance at lectures is strongly recommended, especially for students who do not have university-level legal knowledge.

Attendance in the classroom will be randomly checked to qualify students as "attending" students, and allow them to access the preliminary written test in simplified form (see the section Learning assessment methods)

A seminar on the method and tools of legal research is foreseen, the attendance of which is compulsory for students who intend to support their degree thesis in this subject.

There will also be some seminars aimed at deepening the knowledge of particularly relevant or topical aspects, to which scholars, representatives of institutions, professionals and experts in the field will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAMINATION (for students of the Italian language)

The examination takes place on the first day of roll call.

The examination consists of two parts, the first with 20 multiple-choice questions and the second with 3 open answers.

The multiple-choice test is preliminary and preparatory to the second part of the exam: it is passed with an evaluation of 15/20. For attending students, this preparatory test is considered passed with an evaluation of 12/20.

The final evaluation is determined by the result of the open-ended examination alone, which is the same for all students.

Therefore:

- if a student does not answer at least 15 questions in the first part (or 12, if attending), he/she will not be able to take the second part, thus finishing his/her test.

- if a student answers exactly at least 15 (or 12, if attending) of the first part, he/she continues his/her examination by taking the second part. The board will correct and assess the open questions.

The number of seats in the lecture room is limited, so students will be divided and called in several turns following alphabetical order. The time and place where they will take the test will be communicated by e-mail.

2. OPTIONAL ORAL EXAM

If a student passes the written exam, he/she can ask to have an oral exam to try to improve the final grade.
In this case he/she has to send a request to dar.didatticadonati@unibo.it in 48 hours by the publication of the written exam evaluation.

A date for the oral exam will be communicated asap.

If the student does not ask for the oral exam in 5 days the evaluation will be automatically recorded.

3.EXAMINATIONS FOR NON-ITALIAN-SPEAKING STUDENTS

Non-Italian-speaking students have the opportunity to take the oral examination on the day of the written test. They have to:

- book themselves by sending an e-mail to dar.didatticadonati@unibo.it

- register for the written examination.

Students with SLD or temporary or permanent disabilities. It is necessary to contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) with ample time in advance: the office will propose some adjustments, which must in any case be submitted 15 days in advance to the lecturer, who will assess the appropriateness of these in relation to the teaching objectives.

Teaching tools

Further course materials will be available on "Virtuale".

Links to further information

https://www.unibo.it/sitoweb/daniele.donati/

Office hours

See the website of Daniele Donati