Universitat Internacional de Catalunya
Media Law
Teaching staff
By appointment. In order to make an appointment, please request one by writing to:
jmroura@uic.es
Introduction
It is a 6 ECTS credit basic education subject taught in the second semestre of the second academic year of the degree in Public Relations and Advertising. This subject aims to introduce students to the legal framework and the audiovisual sector, especially the legal regulation on advertising and public relations issues.
Pre-course requirements
No pre-course requirements are needed to enrol in this subject.
Objectives
Awareness of the protection the law gives to creative activities and the legal limits to the practice of their profession.
Consolidate the legal concepts and regulation rules that affect their professional development.
Understand the relationship between the legal, businesses and trading in the context of advertising and communication for decision making.
Be familiar with the use and consultation of legal rules.
Develop the ability to find specific information on legal matters that may be required in their profession as advertising agents or public relation.
Competences/Learning outcomes of the degree programme
- 30 - The ability to contextualise and critically analyse current events
- 31 - The ability to critically analyse and contextualise events related to international politics
- 32 - The ability to contextualise and critically analyse the organizational structure of the EU
- 35 - The ability to understand and implement the system that governs the operation of a feature film
- 38 - Ability to understand and apply the legal dimension of an audiovisual product
- 39 - The ability to understand and apply the different agents of the audiovisual sector
- 63 - Knowledge and mastery of the national and international tools of professional projection
Learning outcomes of the subject
Students taking the subject of Information and Advertising Rights must demonstrate the following learning outcomes:
Be familiar with the legal and political institutions that shape the national and international scene.
Knowledge of the legal information and commercial communication.
Ability to reflect on the proper implementation of the elements, the rights and concrete agreements in matter of advertising and public relations from their various points of view.
Know how to differentiate the different options when initiating advertising campaigns, applying specific solutions for each case, both for protection or recruitment.
Syllabus
PART 1. LEGAL ORDER AND CONSTITUTION
LESSON 1. Introduction to State and Law theory
Basic elements of the State.
The Spanish Constitution of 1978.
Right in society.
The sources of law as a pyramid structure.
Jurisprudence.
LESSON 2. Spanish Constitution and communicative rights
Freedom of expression and the right to information.
Constitutional recognition of advertising. These rights are not absolute rights.
Advertising and fundamental rights.
LESSON 3. Rights of the people and limits to the communicative rights
The right to honour
The right to privacy
The right to own image
The right of the child to special protection
Organic Law 1/1982, of May 5, on civil protection of the right to honor, personal and family privacy and the image itself
LESSON 4. People's rights and communicative messages
Physical person - legal person - responsibility
Owners of rights and obligations
Principle of legality
Publicity as an exercise of constitutional rights
Art. 38 and art 51 of the Spanish Constitution
LESSON 5. Free will and right of communication
The actors in the legal system
Legal personality and agreements
Competition law
PART 2. ADVERTISING AND PUBLIC RELATIONS
LESSON 1. Introduction of the Advertising Law and Communication
Basic legal knowledge and general concepts in this matter.
The market and the operation regulations. An approach to these concepts: Law, Society, State and Democracy.
Law: General concepts and the Right of communication.
Advertising and public relations and legal treatment.
Spain, the European Union and the Common Market.
LESSON 2. The EU, Member States and international relations
The European Union and the unit of market in the INFORMATION RIGHTS, ADVERTISING AND PUBLIC RELATIONS.
Spain in the European Union and the Community freedoms and rights.
Relations between EU law and national law.
The European Union and international law.
Typology of EU rules. Standards of primary Community law and secondary Community law.
Community Law of Advertising: main directives on advertising.
LESSON 3. The Advertising Act and related rules in Spain (1)
Advertising and Public Relations as a global social reality.
Introduction to recurrent figures in the advertising business and protection of products and services.
Consumer law and users as recipients of advertising and communication. The General Act for the Defence of Consumers and Users.
Consumers and their rights.
Unfair terms.
Right to information and education of consumers and users
LESSON 4. The Advertising Act and related rules in Spain (2)
Sources of Law of Advertising.
Advertising Law and Unfair Competition Law as tools for the exercise of rights.
General Advertising Act. Previous considerations.
Legal concept of Advertising
Subjects of advertising
Regulation of advertising contracts.
LESSON 5. Right of Advertising and the Unfair Competition Law.
Unfair Competition Act. Preliminary considerations:
Aim and purpose of the Act
Unfair competition action: General clause.
Enumeration of the main acts of unfair competition.
Regulatory actions against unfair acts.
LESSON 6. Advertising and databases. The users and the protection of personal data
ORGANIC LAW on the Protection of Personal Data. Principles of data protection.
Notification and entry in the register and security files. About especially protected.
User rights. Article 5 of the LOPD.
Assignment, communication and international data transfers.
Databases such as product advertising tool or media. The owner of the file.
LESSON 7. Internet advertising. LSSICE.
Law on the Services Information Society and Electronic Commerce.
Concept of Service of the information society.
Legal regime aimed at consumers as recipients of communication and advertising.
Unsolicited commercial communications (advertising exclusion lists Robinson).
Social networks and protecting the rights of those affected.
E-commerce: the contract, its requirements and perfection of the contract.
The liability of providers of services.
LESSON 8. The Legal Protection of Creations.
Protection of product, corporate image and advertising creations. Differences of the asset protected and the owner/holder of rights.
Usual Legal elements in the business of advertising and communication. Trademarks, inventions, designs and creative advertising
Trademark, type, regulation and legal life.
Trademarks and Internet Domain: Similarities and differences.
Inventions and designs. Concept and differences from the other figures.
Copyright and advertising creations.
LESSON 9. Legal Framework of Advertising in Spain. Advertising activity (1)
Sources and contracts
Advertising activity as private law.
The legal and administrative content of advertising law
Conceptual and regulatory dispersion problems. Conventional advertising and unconventional.
Administrative intervention in advertising
Distribution of powers in advertising (art. 148 and 149 of the Spanish Constitution).
LESSON 10. The control of advertising contents and communication. Advertising Activity (2)
The subject of advertising.
The recruitment advertising. Requirements of contract and obligations of the parties.
Legal limits on advertising activity.
Introduction to the government of certain products or services.
LESSON 11. Advertising and Intellectual Property (Copyright)
Concept of intellectual property in Spain: copyright. (Recasting of copyright law).
The work as object of protection. Ad work.
Plurality of rights in creating an advertisement: actors, writers, scripts, images, sounds, music.
Copyright: moral rights and economic rights.
Related Rights in Intellectual Property Law.
LESSON 12. Broadcast advertising contract
Audiovisual advertising.
The Outdoor Advertising.
Aerial advertising.
LESSON 13. The Advertising of Sweepstakes and gambling
Concept and legal regulation.
Advertising business of gambling, betting and lotteries.
Applicable law, regulation, contracts and administrative management.
LESSON 14. Protection against illegal advertising
Typology. Article 3 of the Law on the General Advertising.
Misleading advertising, unfair advertising and subliminal advertising.
The fraud in advertising: offense (criminal law)
LESSON 15. Other advertising typologies
Comparative advertising.
Discriminatory and excluding advertising.
Testimonial advertising
Indirect advertising.
LESSON 16. Institutional advertising and Electoral advertising
Law 29/2005 on Advertising and Corporate Communications.
The regulation of electoral advertising.
Art. 8 of the General Advertising Law. Special regulation of certain goods and services.
LESSON 17. Other forms of advertising. Sponsorship Contract
Sponsorship Agreement. Origins
Delimitation of similar contracts
Sponsorship, patronage and sport sponsorship
Legal concept and types
Objectives and scope of the sponsorship
Legal definitions and self-regulation.
LESSON 18. Other forms of advertising. Product Placement.
Product Placement Agreement. Origins.
Concept and differences modalities. Product placement and commercials.
Communication Strategies. Benefits, risks and scenarios.
LESSON 19. Other forms of advertising. Internet advertising, media and social networks.
Contract and modalities in relation to the communication channel.
Special features of this global environment. Services providing by third parties.
Communication Strategies. Benefits, risks and scenarios. Internet advertising techniques and tools in the legal framework.
New advertising methods and application of general principles at Law.
LESSON 20. The Advertising telematic
Legal Concept and legal regulation.
The promotional contests, sweepstakes and Internet gambling.
The regulation of advertising contracts telematic spaces, contents and catchment.
Mail-marketing and its regulation at Spain and EU
LESSON 21. Solutions before the illegal advertising
Advertising Self-regulation
Legal Concept and components. Voluntary submission and sanctioning powers.
Advertising self-regulation in Spain
Arbitration and codes of conduct.
(Updated January 2024)
Teaching and learning activities
In person
The course consists of 6 ECTS. This translates to about 150 hours of student work. They are distributed in roughly 60 hours classroom teacher and about 90 hours of independent work of the student. Classroom activities have the following approximate distribution:
Coaching (4 hours) to track each student staff to optimize performance in the subject and identify their needs and concerns.
Monographic Seminars (10 hours) in which students deepen a monograph on the subject specialized topics that are particularly topical and work actively in small groups.
Meeting Points Sessions (4 /6 hours) will be organized meeting places for different personalities and scientific professional advertising regulations and new technologies. These take the form of conference sessions, working session, chat, etc..
Workshop Sessions (10 hours) will be devoted to practical work hours for students to acquire practical skills of the subject in accordance with a theoretical and assimilated.
Master Class, in which the theoretical work of the subject, referring to each of the points on the agenda. These sessions combine theoretical exposure of each subject as well as analysis and reflection on the issues raised from real-life examples of the professional sector concerned.
| TRAINING ACTIVITY | ECTS CREDITS |
|---|---|
| Lectures. In lectures, lecturers/professors not only transmit content or knowledge, but also, and above all else, attitudes, motivation, skills and values, etc. They also ensure that participants can express their opinions and arguments to the other students. | 3,0 |
| Coaching. Monitoring how students learn the content of the subject, either individually or in groups. In the coaching sessions, mistakes will be corrected, queries answered, and exercises and activities to achieve the established objectives will be suggested. | 0,4 |
| Seminar. This activity will consist of taking an in-depth look at specific up-to-date topics in a monographic manner-in some cases these topics will have been debated socially-, via active work in small groups. | 1,0 |
| Meeting Point. Meetings will be organised with notable people from the professional and scientific fields or the international field, and students. These sessions will take the form of conferences, work sessions, discussions, or interviews, etc. | 0,6 |
| Practical workshop. A highly practical working activity, where students can acquire skills that are practical or also theoretical (intellectual skills, logical skills, critical skills, intellectual learning skills, study skills, quoting skills, etc). | 1,0 |
Evaluation systems and criteria
In person
The different learning activities are designed in order to achieve the objectives and skills previously exposed. The evaluation will be continuous and will consist of different ways:
- BLOCK I. Legal order and Constitution (10%) Partial exam
- BLOCK II. Advertising and Communication (50%) Final exam
- BLOCK I and II. Presentation of essays, text comments, case studies, workshops, class participation, exhibitions, etc. (30%)
- BLOCK II. Evaluation of seminars / Preparation of a work by groups (10%).
Previously we will check the spelling of your tasks.
You have to consider that it is necessary as minimum the 80%. Students who have not attended 80% of the classes will not be able to take the final exam.
In case of not passing the subject in the first call, the second call (and the fourth) the note of the exam this call will be the note of the subject. Therefore, the above criteria will not apply.
Bibliography and resources
De La Cuesta, JM. Curso de Derecho de la Publicidad. EUNSA. Pamplona, 2002
Latorre, A. Introducción al Derecho. Ariel. Barcelona, 1999
Rubí i Puig, A. Publicidad y Libertad de Expresión. Thomson. Barcelona, 2008.
Azurmendi, A. Derecho de la Comunicación. Bosch 2011.
Rozados Oliva, Manuel Jesús, Derecho Administrativo de la Publicidad. Tirant lo Blanc, 2009
Méndiz Noguero, Alfonso. Nuevas Formas Publicitarias: Patrocinio, Product Placement, Publicidad en Internet. Universidad de Málaga / Manuales. 2007
Santaella López, M. Derecho de la Publicidad. Civitas. Barcelona, 2002
Vilajoana, S. Dret de la Publicitat. UOC VullSaber. Barcelona, 2009
Lazaro Sánchez, Emilio J. Los Contratos Publicitarios. Thomson Reuters / Civitas, 2011
BLOC CONSTITUCIONAL:
ORTEGA GUTIERREZ, David. Manual de Derecho de la Informacion. Editorial Universitaria Ramón Areces, 2003.
ESCOBAR DE LA SERNA, Luis. Derecho de laInformacion. Dykinson, 2004.
ALVAREZ CONDE, Enrique. Curso de Derecho Constitucional, 2 vols. Tecnos (6ª edición).
LOPEZ GUERRA, L., ESPIN, E. y otros: Derecho Constitucional, 2 vols. Tirant lo Blanch, (6ª edición).
MOLAS, Isidre. Derecho Constitucional. Tecnos, 2009.
BARCELO, M., VINTRO, J. (coords.). Dret Públic de Catalunya. Atelier, 2008.