Privacy and Media Law
UE-DDR.02456
Enseignant(s): Fountoulakis Mäsch Christiana, Mausen Yves |
Cursus: Master |
Type d'enseignement: Cours |
ECTS: 5 |
Langue(s) du cours: Anglais |
Semestre(s): SP-2024 |
The course focuses on the protection of individual privacy in different legal systems. The importance and the meaning of "privacy" in Western European, Anglo-American Description and other legal cultures will be discussed on the basis of selected cases and articles. We will see the different facets of privacy and the extent to which each of it is legally protected under the various laws. It will also be shown that, under some laws, privacy is considered as an independent legal right, whereas in other countries no legal action can be brought for invasion of privacy. In addition, a certain number of lessons will deal with historical issues related to some of the main questions of privacy and media law, namely the notion of a person’s honour and the different ways to defend it. Germanic legislation from late Antiquity as well as more recent medieval social practices will offer some of the most striking examples. But also modern English common law and its more technical categories of libel and slander will serve as background to a general introduction to what it meant through the ages for private matters to become public.
A further key aspect will be the protection of the personal sphere at the age of internet. New technologies allow for arguably unlimited collection, sharing and storage of personal information. We will examine whether some laws are more concerned than others about these developments and whether there are common approaches, comparable legislation or similar case law.
The class will be held at the premises of the University. It will be streamed for those students who will not be able to join the class in person.
Examens
There will be an oral exam at the end of the course.
Objectifs
The students will be familiar with the Swiss, foreign and international case law and legislation discussed in class. They will be able to describe the similarities and differences regarding the protection of privacy under the different laws, both from a contemporary and historical perspective, and draw conclusions from this comparison. The students are expected to have accomplished the recommended reading and to actively participate in class.