1. TRENDS IN BROADCASTING REGULATION
Convergence and related issues
Marie McGonagle, Law Faculty, National University of Ireland, Galway.

2. DEVELOPMENT Public Service Broadcasting
(Democratic values, social objectives, citizens)
Private, Commercial - Dual System
(Market forces, competition, consumers)
Digital
(Transfrontier, global, convergence)

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

4. APPROACHES
Restricting cross-ownership/audience reach (horizontal, vertical, diagonal concentration)
Promoting internal pluralism, content diversity
Promoting effective competition, transparency
Accommodating technology (speed, reach)

5. 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

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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?