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Afghanistan Media Development & Empowerment Project (AMDEP) Media Law and Policy Program. Participants' Manual

Philadelphia, PA: Annenberg School for Communication, Center for Global Communication Studies (CGCS) (2012), iv, 381 pp.
"Through the design, development and delivery of curricula and the training program in Afghanistan on the subject of media law, the hope is to empower Afghan lawyers to serve as a critical resource to journalists, media managers, and local government officials. Through the trainings, participants chosen from various parts of Afghanistan will work with best practices and national and international media standards and principles. An Afghan-centric approach—necessary for strengthening national media and legal capacity—will be employed in addition to a comparative international approach. Topics included are Afghanistan’s media law; freedom of information; slander; defamation; libel; invasion of privacy; blasphemy; the interplay between Islam/religion and media law; and the interplay between Afghanistan’s constitutional law, criminal law and media law. Another element of the enabling environment is good management. Our hope is that this manual and the training program will contribute to improved media management by covering such subjects as transparency; improving legal protection for journalists; anti-trust rules; copyright law; contract law; licensing; trademarks; advertising; and intellectual property issues. In the area of telecommunications law, the project addresses topics such as the current state of Afghanistan’s telecom law; communication regulation and legislation; regulatory structures and regulatory models for communication; network interconnection and access; licensing; spectrum management; interconnection; access to networks, particularly in rural and underserved areas; improved business-friendly government regulation of the airwaves and licensing procedures; the regulatory regime for content delivered via SMS/IVR; the legal-regulatory framework for the Internet sector and for social media; electronic commerce; data protection and cyber-crime." (Foreward, pages ii-iii)
PART I: CORE CONCEPTS OF MEDIA LAW
1 Introduction to Freedom of Expression International and Constitutional Protection, 7
2 Mapping the Overall Legal Framework for the Media, 18
3 Comparative Constitutional Guarantees and the Relationship Between Constitutional Law, Media Law and Criminal Law in the Afghan Legal System, 29
4 Defamation and Privacy, 37
5 Self-regulation and Codes of Ethics, 52
6 Criminal Rules National Security, Public Order and Hate Speech, 64
7 Criminal Rules Blasphemy, Obscenity and Contempt of Court, 76
8 Media Regulation the Print Media and General Media Rules, 92
9 Media Regulation Journalists, 102
10 Freedom of Information, 114
PART II: MEDIA MANAGEMENT LAW
1 Introduction and Review of the First Media Law Training Course, 125
2 International Mechanisms for Protection of the Media, 133
3 and 4 Intellectual Property, Including Copyright and Trademarks 146
5 and 6 Contract Law, 172
7 Public Service Broadcasting, 226
8 Regulation of Broadcasting Content, 233
9 Commercial Issues Advertising, Ownership and Financial Regulation, 239
10 Safety, Other Protection Issues and Media Transparency, 253
PART III: TELECOM LAW
1 Introduction to Information and Communications Technologies, 261
2 Communications Legislation and Regulation – Media, Telecommunications and Information and Communications Technologies, 269
3 Convergence, 286
4 Fundamentals of Telecom & Competition Law, 301
5 Fundamentals of Telecom Law (Continued), 321
6 Universal Access and Copyright Issues, 337
7 Going Mobile: Managing the Spectrum, 343
8 ICT Regulation, 354
9 Internet, 359
10 Other ICT Areas, 364