Broadcasting Law and Fundamental RightsIn 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 haveemployed 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 thought inappropriate for radio and television and considers the continuing justification for statecontrol 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 provisionshave 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. |
Contents
An Expanding Judicial Role in a Multichannel | 1 |
State Control and Monopoly | 28 |
Regulatory Options | 43 |
Copyright | |
17 other sections not shown
Common terms and phrases
12 EHRR application Article 21 audiovisual media audiovisual sector British broadcast media broadcasting monopoly broadcasting sector broadcasting system cable challenge channels CMLR commercial Community law companies competition Conseil constitutionnel Conseil d'Etat considerable considered cost Council of Europe Court of Human Court of Justice cultural decision democratic distinct diversity domestic EC Commission EC Treaty economic ensure established Europe European Commission European Community European Convention European Court example Fininvest Foro France freedom of expression Giur Groppera guarantees Human Rights imposed indicated industry interest intervention Italian Constitutional Court Italy judicial legislation legitimacy legitimate Lentia licences limited London mass media Member monopoly national broadcasting objectives operators particular political private broadcasting private sector programmes protection provisions public broadcasters public ownership public sector public-service broadcasting radio and television regulation regulatory relay requirements restrictions role rules social society specific speech stations transmission