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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. Public Service Broadcasting (Democratic values, social objectives, citizens) Private, Commercial - Dual System

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TRENDS IN BROADCASTING REGULATION

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  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. 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.

  8. 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

  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. 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

  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?

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