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Author: Ewa Komorek Publisher: Kluwer Law International B.V. ISBN: 9041142177 Category : Law Languages : en Pages : 560
Book Description
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.
Author: Ewa Komorek Publisher: Kluwer Law International B.V. ISBN: 9041142177 Category : Law Languages : en Pages : 560
Book Description
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.
Author: Beata Klimkiewicz Publisher: Central European University Press ISBN: 615521185X Category : Social Science Languages : en Pages : 364
Book Description
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.
Author: Konstantina Bania Publisher: CONCURRENCES ISBN: 9781939007858 Category : Languages : en Pages : 362
Book Description
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.
Author: Parcu, Pier L. Publisher: Edward Elgar Publishing ISBN: 1786439336 Category : Law Languages : en Pages : 480
Book Description
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.
Author: Peggy Valcke Publisher: Springer ISBN: 1137304308 Category : Political Science Languages : en Pages : 362
Book Description
Adopting a truly global, theoretical and multidisciplinary perspective, Media Pluralism and Diversity intends to advance our understanding of media pluralism across the globe. It compares metrics that have been developed in different parts of the world to assess levels of, or threats to, media pluralism.
Author: Konstantina Bania Publisher: ISBN: Category : Antitrust law Languages : en Pages : 404
Book Description
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.
Author: Gareth Davies Publisher: Edward Elgar Publishing ISBN: 1786433095 Category : Languages : en Pages : 448
Book Description
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Author: Jan Oster Publisher: Cambridge University Press ISBN: 110702658X Category : Law Languages : en Pages : 655
Book Description
This unique textbook offers a comprehensive overview of European and international media law, and how globalised communication has shaped it.
Author: K. Donders Publisher: Springer ISBN: 1137032197 Category : Social Science Languages : en Pages : 569
Book Description
Containing state-of-the-art contributions on the various domains of European media policies, this Handbook deals with theoretical approaches to European media policy: its historical development; specific policies for film, television, radio and the Internet; and international aspects of the fragmented policy domain.
Author: Ewa Komorek
Author: Ewa Komorek
Author: Beata Klimkiewicz
Author: Konstantina Bania
Author: Parcu, Pier L.
Author: Peggy Valcke
Author: Konstantina Bania
Author: Gareth Davies
Author: Jan Oster
Author: K. Donders
Author: Nathaniel Persily