Media and Mass Communication Law

My practice includes the representation of clients on various media and mass communication matters, including defamation, rights of publicity, privacy rights, commercial speech regulation and related FCC and FDA rules, and other First Amendment issues, such as those relating to content based regulation, broadcast, cable and satellite regulation, ratings of film content, political programming, and obscenity. These services include legal matters relating to :

First Amendment and speech regulation (prior restraint, defamation, privacy torts, rights of publicity, obscenity, political programming, journalist issues relating to privileged and Anti-SLAPP laws)

Broadcast, cable and satellite regulation (including must carry rules) under Federal Communications Act and FCC regulation

Making content available for distribution through the Internet, apps, or other digital means

Defamation matters, including slander and libel (counseling, including review of materials for clearance purposes)

Copyright and trademark (including issues related to domain name usage), including fair use of copyright content

Representing journalists

Privacy rights and rights of publicity

Commercial speech and deceptive advertising (including the applicable FTC and FDA rules)

This representation includes, among other things, guidance and compliance in areas such as:

Freedom of Information Act Requests (SEC actions to seek confidential treatment)

Communications Decency Act Immunity (libel against news websites/3d party comments)

Distribution and Dissemination Issues

Invasion of Privacy

Comparative laws under the ECHR, European Union, ACHR, the ICCPR (UN’s Universal Declaration of Human Rights), and the Canadian Charter (including the Audiovisual Media Services Directive of the EU and various FOIA laws)

Cyberlaw issues, including domain name registration and Anti-Cybersquatting Consumer Protection Act, ICANN and its Uniform Dispute Resolution Policy, contract (enforcing electronic contracts and electronic signatures) and licensing law issues (shrinkwrap, clickwrap, and browsewrap), privacy issues (intrusion, inception, aggregation, and misuse), DMCA safe harbors, Section 230 of the Community Decency Act (re: ISP safe harbors from being deemed a “publisher”), Children’s Online Privacy Protection Act of 1998, and Electronic Communications Privacy Act of 1986