TRENDS IN BROADCASTING REGULATION

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Presentation transcript:

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 (Market forces, competition, consumers) Digital (Transfrontier, global, convergence)

CONCERNS Reconciling PSB (Protection of diversity, language, culture) and PC (Accountability, preventing monopoly) and technology

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 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 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.

E.U. 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

COUNCIL OF EUROPE Cultural pluralism Well-considered, proportionate 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 - 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

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?