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TRENDS IN BROADCASTING REGULATION. Convergence and related issues Marie McGonagle, Law Faculty, National University of Ireland, Galway. DEVELOPMENT. Public Service Broadcasting (Democratic values, social objectives, citizens) Private, Commercial - Dual System

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trends in broadcasting regulation

TRENDS IN BROADCASTING REGULATION

Convergence and related issues

Marie McGonagle, Law Faculty, National University of Ireland, Galway.

development
DEVELOPMENT
  • Public Service Broadcasting

(Democratic values, social objectives, citizens)

  • Private, Commercial - Dual System

(Market forces, competition, consumers)

  • Digital

(Transfrontier, global, convergence)

concerns
CONCERNS
  • Reconciling PSB

(Protection of diversity, language, culture)

  • and PC

(Accountability, preventing monopoly)

  • and technology
approaches
APPROACHES
  • Restricting cross-ownership/audience reach (horizontal, vertical, diagonal concentration)
  • Promoting internal pluralism, content diversity
  • Promoting effective competition, transparency
  • Accommodating technology (speed, reach)
policy options
POLICY OPTIONS
  • Unilateralism v internationalism
  • Progressive liberalisation
  • Abandon v adapt existing regulation v new forms
  • Ex ante measures v ex post (regulating ownership v monitoring content)
  • Sector specific v common, technology neutral
policy implications
POLICY IMPLICATIONS
  • Clarify objectives
  • Role of law (legitimacy, underpinning)
  • (Competition law only, combination of Competition Law + Media regulation + co-/self-regulation)
  • Clear and well-articulated principles, fair + transparent procedures, accessible to all.
slide7
Regulation minimum extent, proportional

Maximum competition

Distinction between transmission and content

Wider public interest objectives remain valid (not just goods)

Pluralism to be achieved through lower access barriers, greater variety of sources, diligent application of competition law

Support mechanisms where market failure

Consumer protection

E.U.
council of europe
Cultural pluralism

Plurality and diversity of sources, ideas, opinions

Rethinking, adapting, the regulatory framework

Human and democratic dimensions to be at the core

Well-considered, proportionate

Clear, predictable

Greater adaptability

Climate of dialogue, openness and trust

Transparency

Development of self-regulatory measures

COUNCIL OF EUROPE
council of europe mm cdmm
COUNCIL OF EUROPE - MM(CDMM)
  • Monitor impact on pluralism of both development of new services and trend towards greater media concentrations, so as to undertake... initiatives necessary to safeguard or promote pluralism of content and services
  • Examine importance of pluralism for preserving diversity of sources
  • Examine strategies to preserve cultural diversity
legal analysts
Convergence leading to diversification of services

Blurring of boundaries

Important not to be technology driven

Duplication of regulation and plethora of reg authorities

Impact of x-ownership, not fact of it that is significant

Focus on delivery

Combination of competition law and media regulation.

Keep core area of regulation

Role of self-regulation

LEGAL ANALYSTS
overall trends
OVERALL TRENDS
  • Safeguard key objectives
  • Not to abandon regulation but adjust/adapt it
  • Proportionate, ‘lighter-touch’ regulation
  • Co-operation, new more flexible forms
  • Focus on content rather than ownership per se
  • Monitor content, quality, but in digital environment, is effective monitoring possible?
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