Overview of Communications Law

Communications law is the legal area involving public and private communications, including broadcast, print , and digital media. This legal area often deals with disputes involving content restrictions, freedom of speech, and privacy protections. Other common legal issues involve intellectual property and copyright claims.

Government agencies regulate broadcast media access and restrictions under state or federal law. However, communications regulations often lag behind technological innovations in digital and internet communication. For up-to-date legal advice, contact an experienced communications lawyer.

What Is Communications Law?

Communications law regulates communications over the internet, television, radio, and print media. It also includes private communication formats, such as phone calls, text messages, and email.

Communication regulations are always changing to keep up with new and evolving communication technologies and social concerns. There is often a struggle between free speech rights, corporate interests, and governmental interests.

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Government Regulations and Regulatory Agencies

The U.S. federal government regulates most areas of the telecommunications industry, including radio, television, and electronic communications that travel across state lines. State laws generally only regulate local media that stay within the state jurisdiction.

The primary federal agency regulating telecommunications services is the Federal Communications Commission (FCC). Other areas of communications law involve the Federal Trade Commission (FTC), U.S. Department of Justice, and U.S. Department of Commerce.

The first major statute regulating the communications industry was the Communications Act of 1934. This law has been regularly amended over the years to meet the changes of communications law and policies. The Telecommunications Act of 1996 was one such major overhaul of communications law.

Common Legal Issues in Communications and Media Law

Communications law involves a variety of legal issues. The government has national security interests in monitoring certain broadcast, internet, and radio communications. Individuals have a privacy interest in protecting their personal data and First Amendment rights. Businesses want predictability when navigating government restrictions and have financial interests in controlling communication services.

Some of the common legal issues in communications law include:

• Free speech protections
• Defamation disputes
• Online privacy
• Consumer protection
• Antitrust and securities law
• Intellectual property and copyright protections
• Mergers and acquisitions of telecommunication companies

When Do You Need a Communications Lawyer?

Some communications lawyers work with companies in communications policy and compliance. This can involve negotiating contracts, working with government agencies, and litigating access and content disputes. Corporate communications law generally involves transactional, litigation, or policy work.

Other communication lawyers handle free speech issues for individuals, publishers, and other companies. Generally, the government has limited power to regulate the freedom of speech, including written, oral, and visual speech mediums. For free speech challenges, the government must have neutral content regulation and narrowly tailor restrictions to serve a legitimate government interest.

Find a Communications Law Attorney

Communications laws are always changing. Congress can pass a new telecommunications law changing access to communication tools or what information service providers can collect. A federal circuit or U.S. Supreme Court ruling can change how the federal government monitors and uses private communications. A communications lawyer will be up-to-date on state and federal communications regulations and your legal rights.

For individuals or businesses with questions about communications law rights and protections, a communications law attorney can provide up-to-date legal advice. If you have questions about communications law issues, talk to a local communications lawyer.