Media Pluralism And European Law


Media Pluralism And European Law
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Media Pluralism And European Law


Media Pluralism And European Law
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Author : Ewa Komorek
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-12-01

Media Pluralism And European Law written by Ewa Komorek and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.


Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate ‘soft law with hard statements’, introduce a ‘pluralism test’ in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following: various types of integration of media companies and the different ways they affect pluralism and diversity; limitations of must-carry rules and principles of interoperability; the diverging priorities of different European organizations, institutions and bodies; and contradictory lobbying efforts from industry actors. The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content. In this era which is transforming media and communications industries worldwide, with an ever-increasing plethora of delivery means without respect to national borders, this book is an essential resource for regulators and other concerned policymakers, as well as for lawyers working with any aspect of media.



The Role Of Media Pluralism In The Enforcement Of Eu Competition Law


The Role Of Media Pluralism In The Enforcement Of Eu Competition Law
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Author : Konstantina Bania
language : en
Publisher:
Release Date : 2015

The Role Of Media Pluralism In The Enforcement Of Eu Competition Law written by Konstantina Bania and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Antitrust law categories.


EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.



The Role Of Media Pluralism In The Enforcement Of Eu Competition Law


The Role Of Media Pluralism In The Enforcement Of Eu Competition Law
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Author : Konstantina Bania
language : en
Publisher: CONCURRENCES
Release Date : 2019-03

The Role Of Media Pluralism In The Enforcement Of Eu Competition Law written by Konstantina Bania and has been published by CONCURRENCES this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03 with categories.


In an era of communicative abundance, consumers can access content anytime, anywhere and on any digital device. Safeguarding media pluralism has never before been as essential to our democracies as it is today. What role, if any, should EU competition law then play in protecting it? In delving into this question, Konstantina Bania conducts an in-depth analysis of the economics of the sector as well as the Commission's decision-making practice regarding mergers, abuses of dominance as well as anti-competitive agreements. Combining unique theoretical and practical insights, this book showcases novel tools for competition law enforcement to protect quality dimensions of competition and consumer welfare in media markets where consumers increasingly pay with their attention or data rather than money. This book is a must-read study for all scholars, competition authorities and policymakers interested in the question of how competition law can apply in such a manner that antitrust and merger assessments do not disregard non-price concerns such as privacy or diversity.



Media Freedom And Pluralism


Media Freedom And Pluralism
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Author : Beata Klimkiewicz
language : en
Publisher: Central European University Press
Release Date : 2010-05-10

Media Freedom And Pluralism written by Beata Klimkiewicz and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-10 with Social Science categories.


Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.



Research Handbook On Eu Media Law And Policy


Research Handbook On Eu Media Law And Policy
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Author : Parcu, Pier L.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-21

Research Handbook On Eu Media Law And Policy written by Parcu, Pier L. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-21 with Law categories.


This cutting-edge Research Handbook presents a comprehensive overview of the European Union’s influence on the regulation of the media sector in the digital age. It explores and compares several areas of European legislation that have an impact on the media sector, defined in a broad sense for its capacity to influence the public opinion at large.



Public Broadcasting And European Law


Public Broadcasting And European Law
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Author : Irini Katsirea
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Public Broadcasting And European Law written by Irini Katsirea and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Business & Economics categories.


Although EU Member States share a tradition of regulating public broadcasting for the public interest, such regulation has been in decline in recent years. It has been challenged by the emergence of commercial television sworn to the market logic, as well as by satellite services and the Internet. EU law and policy has, under pressure from powerful global forces, abetted that decline. The question thus arises: Do cultural values still matter in European national broadcasting? This important book examines the challenges posed to public service obligations by European Union media law and policy. An in-depth analysis of the extent to which six countries (France, Germany, Greece, Italy, the Netherlands, and the United Kingdom) regulate broadcasting for the public interest reveals a range of vulnerability to national political pressures or, alternatively, to the ideology of market sovereignty. The author examines the country of origin principle and the European quota rule of the Television without Frontiers Directive, revealing the influence of European law on the definition and enforcement of programme requirements, and shows how the case law of the European Court of Justice encourages deregulation at the national level without offering adequate safeguards at the supranational level in exchange. She asks the question whether the alleged 'European audiovisual model' actually persists--that is, whether broadcasting is still committed to protecting such values as cultural diversity, the safety of minors, the susceptibility of consumers to advertising, media pluralism, and the fight against racial and religious hatred. The book concludes with an evaluation of the impact of the EU state aid regime on the licence fee based financing of public broadcasting. Despite the increasing importance of the subject, its study in a comparative context has been heretofore underdeveloped. This book fully provides that context and more, and will be of great value and interest to all parties concerned with the key role of communications in the development of European integration.



The European Union And The Regulation Of Media Markets


The European Union And The Regulation Of Media Markets
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Author : Alison Harcourt
language : en
Publisher: Manchester University Press
Release Date : 2005

The European Union And The Regulation Of Media Markets written by Alison Harcourt and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.


National broadcasting and press regulation is undergoing a process of convergence in Europe. This book, newly available in paperback, explains how this process has been shaped by the actions of the European Union (EU) institutions.Alison Harcourt observes that whilst communications is one of the EU's most successful policy areas, European decision-making is eroding the national capacity to regulate for the public interest. European-level efforts to protect public interest goals have been constrained by the European Treaties. The author argues that increased European coordination in public interest regulation could be more conducive to growth and competitiveness than the dismantling of existing national laws. This, however, would require changes to the political composition of the European Union.This book assesses the potential EU media regulation provides for market growth and the protection of media pluralism, the citizen and ultimately democracy itself. These opportunities are presented in the coming decade with the developing European Constitution, EU enlargement, and the implementation and revision of European regulation.



European And International Media Law


European And International Media Law
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Author : Perry Keller
language : en
Publisher: Oxford University Press
Release Date : 2011-05-12

European And International Media Law written by Perry Keller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-12 with Law categories.


Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.



European And International Media Law


European And International Media Law
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Author : Jan Oster
language : en
Publisher: Cambridge University Press
Release Date : 2017

European And International Media Law written by Jan Oster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


This unique textbook offers a comprehensive overview of European and international media law, and how globalised communication has shaped it.



European Media Communication Law


European Media Communication Law
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Author : Elena Poddighe
language : en
Publisher: Roma TrE-Press
Release Date : 2023-06-01

European Media Communication Law written by Elena Poddighe and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.


This primer presents the legal framework of the extremely complex regulation of legacy and digital media in Europe by the European Union and the Council of Europe. The volume is divided in five chapters which take into account the European Convention of Human Rights and the Charter of Fundamental Rights of the EU; the regulation of broadcasting; digital communication platforms; data protection in the context of information and communication; and a plurality of other hot topics such as copyright protection, women’s dignity, hate speech and fake news. All the chapters are linked to over 70 decisions of the Strasbourg and Luxembourg courts which are collected in a 300-page Appendix.