Broadcasting Law and Fundamental Rights

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Clarendon Press, 1997 - Law - 274 pages
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In the face of technological and ideological challenges European democracies have been experimenting with different regulatory regimes for audio-visual media. Rachael Craufurd Smith considers how courts of law came to be drawn into this regulatory debate and the extent to which they have employed fundamental rights to control political intervention. In the first part of her book she explores the reasons why the regulatory regime established for the printed press was initially thoughtinappropriate for radio and television and considers the continuing justification for state control of the audio-visual sector. She then examines the structural framework for judicial intervention in the legal systems of France, Italy and the United Kingdom, noting also the growing importance of European regulation. Finally, she charts how various constitutional and treaty provisions have been employed at the instance of commercial operators to challenge the dominance of state monopolies and asks whether judicial guarantees of freedom of speech and pluralism can continue to play a meaningful role in shaping the audio-visual world of the future.

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An Expanding Judicial Role in a Multichannel
State Control and Monopoly
Regulatory Options

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About the author (1997)

Rachael Craufurd-Smith, Lecturer in Law, Trinity College, Oxford.

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