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This publication is based on the discussions of a workshop organised by the European Audiovisual Observatory in September 2002, in collaboration with the Institute of European Media Law and the Institute for Information Law. It examines co-regulation as an alternative to traditional forms of media regulation (parliamentary acts, EU directives etc) in Europe, current examples of its use and possible areas of application, characteristics and legal requirements, benefits and risks associated with it. Topics discussed include: a comparison of co-regulation systems in relation to self-monitoring and self-regulation regimes, protection of human dignity, distribution of racist content, technical standards, the EU legal and policy framework, the Council of Europe approach, the implementation and enforcement of co-regulation codes in a transfrontier context, example texts for self-regulation and co-regulation in advertising, youth protection, hate speech, the independence of journalists and technical standards.
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.
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.
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.
The "rags to riches" story of Karol Jakubowicz's involvement in the work of the Council of Europe took him from the role of an awestruck newcomer from Poland in 1990 to that of the Chairman of the Steering Committee on the Media and New Communication Services (2005-06). Along the way, he was elected, delegated by the Steering Committee, and invited by the Council of Europe Secretariat to serve in a number of other capacities. In all of them, he contributed a wide variety of papers, reports and studies to assist the steering committee and other bodies in collecting information and formulating ideas in the general field of freedom of expression, creation of free and democratic media systems (including the issue of public service media), regulation of transfrontier television, the adjustment of Council of Europe human rights standards to the conditions of the information society, and the development of broadcasting legislation in Council of Europe member states. The present collection of these papers and reports is published in the conviction that they retain their value and relevance. It provides the additional benefit of offering a glimpse of the work preceding the formulation of Committee of Ministers recommendations and declarations, as well as resolutions of the Council of Europe Parliamentary Assembly.
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.
"An exemplary study of how media regulation works (and, by implication, how it could work better) set within a wider discussion of democratic theory and political values. It will be of interest not only to students and scholars but to people around the world grappling with the same problem: the need to regulate markets, and the difficulty of doing this well." - James Curran, Goldsmiths, University of London In Media Regulation, two leading scholars of the media examine the challenges of regulation in the global mediated sphere. This book explores the way that regulation affects the relations between government, the media and communications market, civil society, citizens and consumers. Drawing on theories of governance and the public sphere, the book critically analyzes issues at the heart of today′s media, from the saturation of advertising to burdens on individuals to control their own media literacy. Peter Lunt and Sonia Livingstone incisively lay bare shifts in governance and the new role of the public sphere which implicate self-regulation, the public interest, the role of civil society and the changing risks and opportunities for citizens and consumers. It is essential reading to understand the forces that are reshaping the media landscape.
Supplies an in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. It leads European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary.
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.