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COMMUNICATION LAW
Introduction to Law
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Law like love

+ We will cover:

The definition and concept of law

and the legal system (rules,
regulations, customs and traditions).
The relationship between law,
justice and equity.
The importance and need of law
within the society.
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What is Law?

Law is a
system of rules
developed by a
specific
government.
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What is Law?

Its meant to
deal with crime,
business
agreements,
social
relationships.
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What is Law?

Laws are
enforced by a
higher
governmental
office, usually the
police and the
prosecutors office.
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What is Law?

Laws are written in

specific code so that
they can be
interpreted as
needed.
When you break a law there is legal
action that follows, provided that
you are caught.
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What is law: rules & regulations

RULES:
Generally an established and
authoritative standard of
principle; a general norm
mandating or guiding conduct or
action in a given type of
situation.
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What is law: rules & regulations

RULES:
are instructions telling
people what they are
allowed/ not allowed to
do.
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What is law: rules & regulations

REGULATIONS:
rules made by a
government or other
authority to control the
way something is done or
the way people behave.
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Difference
between
rules &
regulations
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Difference
between
rules &
regulations
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Anything closer to home?

REGULATIONS:
As a university students, the
regulations you have to adhere
is to complete all necessary
subjects for your programme in
order to graduate.
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Anything closer to home?

RULES:
You have to follow a few rules in
order to complete these
subjects; have 80%
attendances, take your final
exam and pass the 40% ruling
rule.
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Difference between rules & law:

Laws are like the legal version of

rules. When you are a child, a parent
sets rules to be followed. When you
are in a society, the government sets
laws to be followed. When a rule is
broken, the consequences tend to be
uncomfortable but mild in comparison
to the breaking of a law.
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Difference between rules and law

Rules are more flexible and carry low

end consequences. You can set up
rules for games, rules for the home,
even rules for fighting. Rules are
personal in nature, and they are often
adjusted as the conditions and
circumstances of the home change.
+ Difference between rules and law

Laws must be passed through

due process in order to take
effect. A law starts off as a bill,
and must go through a series of
checks, balances, and votes in
order to become a law.
+ Difference between rules and law

Rules are merely set and

adjusted as the need arises,
and should be followed out of
respect for those setting the
rules.
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REASONS FOR LAW:

Govern different relationships

Impose self-restraint
Protect individuals
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The Legal System
Legal system refers to a
procedure or process for
interpreting and enforcing the
law. It elaborates the rights and
responsibilities in a variety of
ways.
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LEGAL SYSTEM:
made up of rules,
customs & conventions.
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INTRODUCTION TO LAW

CUSTOMS
acceptable
standards of
action.

CONVENTION
a way of
behaving
considered to
be correct by
the majority.
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DIVISIONS OF LAW

1.Public law
2.Private law
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DIVISIONS OF LAW
Public Law
Regulation & conduct of the state.

Between state with individuals.

Its a citizens obligation to follow the

law.

eg: Constitutional law, criminal law,

taxation law, administrative law, labor
law
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Public Law: Constitutional law
Constitutional law deals with some of
the fundamental relationships within
our society. This includes relationships
among the states, the states and the
federal government [] and the rights
of the individual in relation to both
federal and state government.
https://www.law.cornell.edu/wex/constitutional_law
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Public Law: Criminal law
Criminal law involves prosecution
by the government of a person for
an act that has been classified as a
crime. In a criminal case, the state,
through a prosecutor, initiates the
suit, while in a civil case the victim
brings the suit. Persons convicted
of a crime may be incarcerated
(confined or imprison), fined, or
both.
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Public Law: Criminal law

Crimes include both felonies

(more serious offenses; like
murder or rape) and
misdemeanours (less serious
offenses; like petty theft or
jaywalking).
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DIVISIONS OF LAW
Private Law
Rights & obligations of individuals.

Between individuals.

Regulates conduct & settles disputes.

Eg:contract law, company law,

consumer law, family law, law of tort
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Private Law: Tort law
Tort = A civil law that is fairly causing someone
else to suffer loss or harm by the person who
commits tortious acts.

Tort Law is a body of rights, obligations, and

remedies that is applied by courts in civil
proceedings to provide relief for persons who
have suffered harm from the wrongful acts of
others.
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Private Law: Contract law
An agreement creating obligations
enforceable by law. The basic elements
of a contract are mutual assent,
consideration, capacity, and legality. In
some states, the element of
consideration can be satisfied by a valid
substitute. Possible remedies for breach of
contract include general damages, consequential
damages, reliance damages, and specific
performance.
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Justice & the Legal System

Legal System, Morality & Justice

Justice is an aspect of morality
Morality is the quality of being
in accord with standards of right
or good conduct.
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Justice consists of
treating equals equally
and unequal unequally
according to relevant
differences - Aristotle
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What does it mean

to have a just law?
Who sets the bar of what is just and unjust law?
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Shakespeares The Merchant of Venice

Shylock vs Antonio
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The pound of flesh, which I

demand of him,
Is dearly bought; 'tis mine and I will
have it.
If you deny me, fie upon your law!
Shylock, Act 4 Scene 1, Merchant
of Venice.
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https://youtu.be/C8qs_Nv4fgw
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But wait a moment. Theres
something else. This contract
doesnt give you any blood at all.
The words expressly specify a
pound of flesh. So take your
penalty of a pound of flesh, but if
you shed one drop of Christian
blood when you cut it, the state of
Venice will confiscate your land and
property under Venetian law.
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Shylock: Is that the law?

Portia: You can see for
yourself. You asked for
justice, so rest assured youll
get more justice than you
bargained for.
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How has the law

protected Antonio?
How has the law
deceived Shylock?
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https://www.youtube.com/watch?v=th7euZ
30wDE
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He hath disgraced me and hindered me half
a million
Laughed at my losses, mocked at my gains,
Scorned my nation, Thwarted my bargains.
If you prick us, do we not bleed?
If you tickle us, do we not laugh? If you
poison us,
do we not die? And if you wrong us, shall we
not revenge?
If we are like you in the rest, we will
resemble you in that.
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The obscure relationship of

justice, morality and law.
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Law can be in accordance

with justice or the farthest
thing from it.
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INTRODUCTION TO LAW

IDEAL LEGAL SYSTEM

reflects societys ideas of morality
& justice.

BEST LEGAL SYSTEM ability

to respond to pressures &
circumstances
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EQUITY
Definition: fairness
To justify departure from the normal
rules.
To adapt the law to changing
conditions
Common law became revitalized &
capable of responding to change
+ Why do we need the law?
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Distributive & retributive justice

Distributive Justice:
How political entity distributes rightful, merited and
deserved distribution.

Retributive Justice:
How society determines the proper punishment.
Governed with individuals getting what they rightly
deserved according to their behaviour.
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Media Law
Strange! That a man who has wit
enough to write a satire should have
folly enough to publish it,
Benjamin Franklin.
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Media Law

My motto is publish and be

sued, Richard Ingrams, editor
of Private Eye.
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There has been and there is always
likely to be, a degree of tension between
what the author, publisher and
broadcaster regard as their entitlement
(namely, unrestricted freedom to
communicate, comment and inform) and
what the individual considers are his
private rights and the State determines
are restrictions necessary to protect the
public interest.
Milmo in Carey (2010: vii), Media Law.
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Where the line is to be drawn between
unrestricted freedom to communicate
and express opinions and the protection
of the rights of individuals and the public
interest has not only been difficult to
define but is constantly shifting on
account of the pressure imposed by
public opinion and the changing attitudes
of governments and indeed judges,
Milmo in Carey (2010: viii), Media Law.
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In Media Law:
Freedom of Speech
Absolute human right under the Article
19 of the Universal Declaration of
Human Rights 1948.
International Covenant on Civil and
Political Rights 1966 (ICCPR)
recognized the right to freedom of
speech as the right to hold opinions
without interference.
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In Media Law:
Freedom of Press
Not identical but the press (or media) often
equates to Freedom of Speech &
Expression.
The advent of the printing press in 1476,
established state licensing which gives right
to Government and Church to control the
press from seditious and heretical works.
Demonstrating writers and journalists who
fought for freedom of expression.
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A world without law

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Thank you