IT & Media Law
Media law is the area of law that deals with the socially relevant forms of communication. Communication takes place via the press, radio and films, but increasingly also via electronic media such as internet forums, blogs, social media and emails. The following are therefore sub-areas of media law:
- Press law
- broadcasting law
- film law
- Internet law
IT law, which deals with the legal particularities of data processing – irrespective of whether communication takes place or not – is closely related to media law. In legal practice, we often have to deal with cases in which communication takes place with the aid of new information technologies, e.g. Twitter, so that IT and media law considerations have to be considered side by side.
Freedom of expression as the basis of media law
Article 5 of the German Basic Law and its constitutional requirements are at the centre of media law practice.
Even in cases where statements are not disseminated via traditional media such as newspapers, television and radio, but via new media, freedom of opinion remains the touchstone. According to the supreme court’s guidelines, it must be examined whether the statement can be challenged as a false statement of fact or whether it constitutes an expression of opinion that is only justiciable if it fulfils the requirements of defamatory criticism.
In judicial practice, we have seen time and again that the boundaries between these terms are fluid. A well thought-out, legally sound argumentation helps to use this leeway in favour of the client.
In recent years, we have constantly had to deal with the legal admissibility of statements about companies published in internet forums. In addition, we have been able to enforce injunctive relief claims for clients against various broadcasting organisations and print media.
Information technology law
We support and advise numerous Internet and computer companies – including major ones – in IT law matters. Our clients appreciate the fact that we are interested in data processing issues and that we are no strangers to affiliate marketing, cloud computing, domain grabbing and DOS attacks.
We are open to new problems in the computer world and see it as a challenge to analyse complex technical issues from a legal perspective and to present them in a way that is understandable for the courts.
Our lawyers are at your disposal as contacts in IT and media law.