What Is Communications and Media Law?

Communications and media law covers several legal issues, including:

• Free speech
• Defamation
• Copyright
• Licensing
• Censorship
• Privacy
• Slander and libel
• Content regulation

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.

Support from an experienced media attorney can be essential for business owners and creators. Their expertise can guide you through compliance laws while protecting your rights and content.

Who Is Impacted by Communications and Media Law?

Communications and media law once applied mainly to journalists, publishers, and telecom companies. But since the rise of the internet, these issues touch nearly every business. For example:

• Restaurants may pursue defamation claims over harmful online reviews.
• Social media platforms must police content that violates their terms.
• Businesses that post or share customer photos must follow privacy and consent laws.

When disputes or potential infringements arise, a communications lawyer can help businesses understand their rights and respond appropriately.

Communication Law Legal Issues

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 advise business owners on 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 Issues

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.
• Unauthorized use of image or likeness: Content creators can face legal claims if they publish photos, videos, or promotional materials without consent.

Terms To Know

The following terms are often used when discussing communications and media law.

• Content Moderation: The process of reviewing and removing user‑generated content that violates laws or platform rules
• Fair Use: A use of copyrighted material that does not infringe on the copyright. Fair use allows brief quotes for reviews or critiques.
• 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.
• Net Neutrality: The principle that internet providers must treat all online traffic equally.
• Prior Restraint: The governmental suppression of speech before it happens. Prior restraint is unconstitutional without a compelling reason.

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 seek legal advice if they believe a negative review could 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.

How To Find a Communications and Media Attorney

Because state law can be relevant, your attorney should be licensed in the state where you do business. FindLaw’s directory of communications and media lawyers can get you started. Enter your city or zip code for a list of qualified legal professionals near you. Your results will also show ratings and contact information. Many attorneys offer free case consultations.

Communications and Media Law: Related Practice Areas

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