Communications & Media Law
The Information Age, advanced technology, and digital distribution of intellectual property have changed communications and media law. Communications law was once focused on regulating television and radio broadcasting; it now includes regulation of wireless telecommunications, the right to record phone conversations, and cyberspace communications. For example, the Electronic Communication Privacy Act prohibits unauthorized access of e-mail messages. Both employers and employees have rights under this law. In addition to e-mail, cyberspace communication law includes freedom of expression, computer crime, and privacy matters.There are also laws regulating business communications. These laws have evolved significantly, as the Internet has changed the way businesses communicate with internal and external individuals and entities. Also included in these laws are state and local records-management regulations.
Communications Regulatory Agencies
U.S. agencies and programs involved in regulating communications law include the Department of Commerce, Federal Communications Commission, U.S. Postal Service, National Institute of Standards & Technology and the National Telecommunications and Information Administration.
Media law governs the freedom of expression, intellectual property and privacy. Online piracy and illegal downloads have been a focal point of media law for several years.
Freedom of Expression
In media law, freedom of expression has recently come into play in connection with truth in blogging. In addition, the OPEN Government Act, filed in February 2005, modified the language describing bloggers, placing them in the category of journalists in some instances, and thus changing their liabilities in media communications.
Freedom of expression in media law has also been a focal point, with respect to matters deemed to be connected with the intent to incite hatred.
Communications and media laws are very complex and quickly changing laws, with local and state variations. As an example, Megan’s Law in California has enabled a Web site to protect citizens by giving them access to a list of the state’s more than 63,000 registered sex offenders. However, misuse of the information can expose users to lawsuits and fines. California employers that discriminate against individuals listed on the site are subject to civil rights lawsuits.
Hiring Communications and Media Attorneys
Businesses and individuals are advised to seek help from attorneys specializing in communications and media law. These attorneys will be best able to protect them from potential liabilities (as lawsuit defendants) as well as assist in collecting monetary damages (as lawsuit plaintiffs).
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