Legal support for media companies
Legal services and legal support of media companies
Currently, the media space is not only a way of transmitting information to a huge number of people and through the sale of media products, but also represents a complex of actively developing legal relations of different levels, regulated at the legislative level, which led to the formation of a sub-branch of legal norms regulating the media market. Legal regulation of this area has its own specifics and requires special knowledge necessary to ensure the legal security of media companies.
Features of legal support for media companies
The sphere of media in a simplified form is a collection of means of communication with the consumer for the transfer of information. Currently, the theory uses concepts such as “mass media” and “direct media”. Mass media is a means of transmitting information to a large circle of people (these include all types of media). Direct media implies direct communication with the consumer (for example, distribution of advertising materials and other information via telephone, e-mail, etc.).
Any information disseminated through media resources requires careful study to verify its compliance with the requirements of current legislation. When analyzing information, a comprehensive assessment of compliance with: copyright protection requirements, anti-terrorism legislation and other norms, violation of which may become a crime, anti-corruption legislation, legislation on the protection of personal data, legislation on advertising (if the transmitted information contains advertising content), etc. In addition to the above, it is also important to assess the way information is presented, since some methods of transmitting information (for example, television broadcasting, radio broadcasting, printed publications) have their own characteristics and requirements necessary for compliance.
In addition to controlling the quality of content delivered to the audience, it is of particular importance to regulate legal relations with the authors of this or that content and other employees of the media company. It is important that in some cases, in case of copyright infringement, the claims of interested parties will be brought against the organization and not the direct infringer. To avoid negative consequences, organizations working in the media sphere should provide at the contractual level the procedure for resolving all possible conflict situations with authors, it is also recommended to develop and implement local legal acts that should guide employees in their activities, which will help unify the requirements for the procedure for solving both routine and non-standard tasks.
It should be noted that the above briefly summarizes the main features of supporting the activities of organizations operating in the media sphere. At the same time, in addition to the listed issues, there is a huge number of legal aspects required for accounting. For example, among other things, a special place in supporting the activities of companies in the field of media is occupied by legal support of media activities, the specifics of which will be described below.
Legal support of the media
According to the law on the mass media, a mass media (mass media) means a periodical print publication, a network publication, a TV channel, a radio channel, a TV program, a radio program, a video program, a newsreel program, or another form of periodic distribution of mass information under a permanent name (title). A feature of all mass media is the broadcasting of information for an unlimited number of people, which gives it special significance and importance of its correct presentation and content. In modern conditions, an increasing number of requirements are imposed on the media. In general, the legislation governing the operation of the media is subject to constant changes, and therefore it is extremely important to respond promptly to the changes introduced. Also, many aspects of media detail are subject to numerous checks by various control and supervisory bodies (for example, Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Media, the prosecutor's office, the Federal Antimonopoly Service, etc.).
In fact, legal support for the media includes various areas.
Even at the stage of planning the creation of a media, it is important to comply with all the requirements for registration with Federal Service for Supervision of Communications, Information Technology and Mass Media, as well as to determine the terms of partnership of co-founders of the media in order to avoid conflicts.
Quite widespread within the framework of media activities is the presentation of demands by interested parties to protect honor, dignity and business reputation, as well as to protect copyright. Legal analysis of the content of information planned for transmission / broadcast / publication will help to avoid these risks. Also, if, nevertheless, a conflict situation has arisen and corresponding claims are made against the media, it is important to quickly and comprehensively study the details of the case and develop an optimal position to protect the interests of the media. Often, the conflict can be resolved at the stage of negotiations, by attracting a lawyer to participate in them. This allows the media to significantly reduce both material and time costs.
Work with advertisers takes a special place in the activities of the media. In addition to considering the wishes of the client, it is necessary to carefully analyze the advertising content for compliance with advertising legislation. At the same time, it is important to consider the features of the advertised product, since some types of advertised goods / works / services are subject to special requirements (for example, advertising of drugs, dietary supplements, medical services, financial services, securities, participation in advertising of minors, etc.). Moreover, special requirements are imposed on advertising in print media, in television and radio programs, on vehicles, with the installation of advertising structures. In this regard, it is recommended that advertising materials be submitted to lawyers in advance for legal assessment with detailed information on the planned methods of advertising.
In addition, to improve the legal literacy of media workers, it is recommended to introduce appropriate local legal acts (policies, instructions, rules), which will allow the development of such work algorithms that will help to minimize legal risks.
- Due diligence of media companies
- Legal support on all issues related to the protection of intellectual property rights and copyrights
- Services for preliminary analysis of content planned for transmission/broadcast/ publication
- Legal analysis of advertising products
- Contractual support of all areas of activity of organizations in the field of media (development of all types of contracts, legal expertise of contracts provided by counterparties, participation in negotiations with counterparties)
- Protecting the interests of media companies during inspections by control and/or supervisory authorities
- Development of internal policies of media companies
- Participation in the settlement of conflict situations related to filing claims against media companies
- Representing interests of media companies in court at all stages of legal proceedings