What Is Communications and Media Law?

Communications and media law covers legal issues in media and telecommunications. These include free speech, defamation, copyright, and censorship. There are also issues of privacy, slander, and libel.

Communications law usually refers to the regulations surrounding the communications industry. The Federal Communications Commission (FCC) is the regulatory agency that manages interstate communications. The FCC licenses communication companies and enforces consumer protection laws.

Media law involves legal issues surrounding film, television, radio, and sports. This area of law intersects with contracts, entertainment law, and employment law. Internet issues like net neutrality and online privacy are part of media law today.

Communications and Media Law Issues

Communications and media law used to affect journalists, publishers, and telephone companies. Since the rise of the internet, all businesses can face similar complications. Restaurants may sue people who post defamatory reviews online. Social media platforms must monitor content that violates its terms of service. Responding to possible infringements may need the legal expertise of a communications lawyer.

Communication Law Legal Matters

Companies such as television and radio stations and streaming services need legal services for various issues. Federal and state laws are changing. Communications attorneys can tell business owners about the regulatory climate.

• Licensing. The FCC licenses all broadcast media. Streaming services do not need broadcast licenses. They must have licensing agreements to show copyrighted content.
• Antitrust and anti-competition laws. Most small businesses do not have to worry about antitrust, which involves a company's market share in any area. Anti-competition laws prevent price-fixing, collusion, and other unfair business practices.
• Content regulation. The U.S. Constitution guarantees freedom of speech. Federal law allows time/place/manner regulations. Laws restrict some types of broadcast media. Service providers must monitor content for hate speech and some sexual and violent images.

Media Law Legal Matters

Media law involves copyright and trademarks. Intellectual property rights have recently become an important part of media law. Other reasons to contact a media attorney can include:

• Libel or slander claims. Libel and slander are types of defamation. Libel is printed, and slander is spoken. Rather than litigate whether a podcast is libelous or slanderous, most courts now consider their cases defamation.
• Copyright and trademark infringement. Artists copyright music, books, and scripts. Companies trademark logos and images. Infringing on a trademark or copyright, even accidentally, can result in legal action.

Terms to Know

• Freedom of speech. The First Amendment guarantees freedom of speech and the press. Case law allows government restrictions on time, place, and manner. The government can't restrict content.
• Fair use. A use of copyrighted material that does not infringe on the copyright. "Fair use" allows brief quotes for reviews or critiques.
• Prior restraint. The governmental suppression of speech before it happens. Prior restraint is unconstitutional without a compelling reason.

For more legal definitions, visit the FindLaw Legal Dictionary.

Other Considerations When Hiring a Communications and Media Lawyer

Most businesses will not need communications lawyers unless they enter the telecommunications industry. Media law is more likely to affect businesses because most companies have an online presence.

Many businesses have a habit of removing negative reviews or responding in kind. This may violate defamation laws unless owners are careful. Owners should get legal advice if they believe a negative review has the potential to harm their business.

Posting images of people can run afoul of privacy laws unless you warn people you may use their images. These legal topics may not occur to you until you get a letter from another attorney. Consult a communications and media lawyer first with any questions.

Related Practice Areas

• Constitutional Law
• Intellectual Property Law
• Internet — Cyberspace Law
• Civil Rights Law
• Antitrust and Trade Regulation