Media regulation & accountability: instruments, actors and main areas of focus IMCS Lecture 4/ Katarzyna Płaneta-Björnskär

”…the operation of specific, often legally binding, tools that are deployed on the media to achieve established policy goals” Freedman, page 14

 Regulation (command-and-control) - external regulation by statutory authorities  Self-regulation - voluntary association with monitoring organizations/bodies  Co-Regulation - the combination of self regulation and external regulation  Unregulated - an area where neither external regulation or self- regulation are to be found

 Regulation - a process when external and formal regulation by the political system is dominating  Deregulation - a process where external regulation is diminished and private interests and self-regulation becomes more important  Reregulation - a description of the regulation process as a change from an external to an internal, self regulatory or co-regulatory form

 Licensing and conditions of practice  Monitoring and mechanisms of complaint  Public ownership and ownership restrictions  Subsidies  Tax incentives  Content rules  Quotas  Trade barriers and agreements  Intellectual property rules  Restrictions on speech right and information flows  Codes and protocols

 Free press model - weak regulation in terms of both infrastructure and content, economic benefits include postal and tax concessions, loans and subsidies; may be subject to anti- concentration laws and rules against foreign ownership  Common carrier model - strong regulation in terms of infrastructure but no or weak regulation of access and content  Broadcasting model - strong regulation in terms of both infrastructure and content; includes the concept of public service

 Structural regulation - infrastructure - licensing and conditions of access to infrastructure  Content regulation - how to present things: fairness, accuracy, etc - what to present: format requirements, e.g. news - issues: privacy, harm, moral and taste  Competition/market regulation - market structure - market behaviour of companies - customer rights and protection

 Service licences  Public value tests  New forms of competition regulation. Fair trading. Ex ante regulatory codes.  The promotion of digital. Analogue switch-off/digital switchover.  Independent production quotas. A further 25% of the BBC TV output should be open to external producers.  BBC governance. A Trust + the Board.  Licence fee.

1). A common reference point for all members of the 2). A forum for broad public discussion 3). Impartial news coverage 4). Pluralistic, innovative and varied programming 5). Programming that is both of wide public interest and attentive to the needs of minorities 6). Reflection of the different ideas and beliefs in multi- ethnic and multicultural societies 7). A diversity of national and European cultural heritage 8). Original productions by independent producers 9). Extended viewer and listener choice by offering programmes not provided by the commercial sector

 Constitutional protection - freedom of speech, editorial independence  Broadcasting act - licensing parameters  License terms - government - assignment - self-evaluation of company (SVT)  Thematic reviews, fees and licences – Radio and TV Authority  Individual complaints - RTVA

 From monopoly to fragmentation 1987 – From two channels in Swedish to about 40 today  Public service with two main channels - SVT1, SVT2  Commercial television - Non commercial content regulation: TV4 - Only commercial content regulation: TV3, TV5, TV6, TV8 (in many cases not governed by Swedish regulators)  Special Channels developing - SVT24, Knowledge Channel, TV4+, TV9

“(…) media governance looks beyond government, market and corporate media management. Especially, media governance focuses on non- governmental modes of institutionalization and organization, on civil society organizations, as well as on the public. Media governance emphasizes the self- and co-regulation modes of media policy.” (Media in Europe Today, 159) It is about bottom-up approaches and horizontal co- determination of political issues

FormalInformal External Law and regulation applied via courts and public regulatory bodies Market forces, lobby groups, public opinion, review and criticism Internal Management, self- regulation by firm or industry, organizational culture Professionalism, codes of ethics and conduct.

 Standards of practice  Ethical codes and rules  Education/”professionalisation”  Complaints mechanism - e.g. press council  Public debate in the media  Professional discussion/reflection  Research as optional resource

 Truthfulness of information  Clarity of information  Defence of the public rights  Responsibilities in forming public opinion  Standards of gathering and presenting information  Respecting the integrity of the sources

McQuail,.210

 Responsibility - assigned - contratced - self-imposed Obligations and expectations. ”To have responsibility”  Accountability - as liablity - as answerability The process by which the media are called to account. ”To act responsible and to take responsibility”

”A requirement to give an account of one’s actions, either directly to the public, or via public authorities” ”Being liable to sanction if found in breach of some requirement or expectation attaching to the excercise of power” ”Media accountability is all the voluntary or involuntary processes by which the media answer directly or indirectly to the society and those immediately affected for the quality and/or consequences of publication”

McQuail,.209 Answerability -Dialogue, debate, negotiation -’Verbal’ sanctions such as correction, reply etc Liability -Adjudication -Material sanctions such as fines, damages, prison, etc

”A frame of accountability is a frame of reference within which expectations concerning conduct and responsibility arise and claims are expressed. A frame also indicates or governs the ways in which such claims should be handled.” ”We should prefer forms of accountability that are transparent, voluntary and based on active relationship and dialogue and debate” Public responsibility Professional responsibility McQuail,.211, 215 Legal frame Overlaps and complement each other Market frame

 Law and regulation - strong but may be at odds with freedom  Market frame - self-correcting regulation of supply and demand, but not always responsive to policy goals  Public responsibility - arenas for public discussion, lacking in power  Professional responsibility - principles and codes of professions, but internal and with vested interest