European Broadcasting Law and Policy
European broadcasting policy has attracted attention from many disciplines because it has dual nature: cultural and commercial. This book offers a detailed treatment of European broadcasting law, set against an overview of policy in this area. In this respect the authors identify tensions within the EU polity as regards the appropriate level, purpose and mechanism of broadcast regulation. Key influences are problems of competence, the impact of changing technology and the consequences of increasing commercialisation. Furthermore, the focus of the analysis is on the practical implications of the legal framework on viewers, and the authors distinguish both between citizen and consumer and between the passive and active viewer. The underlying question is the extent to which those most in need of protection by regulation, given the purpose of broadcasting, are adequately protected.
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3Regulation and the viewer in a changing broadcasting
5European broadcasting policy
8Jurisdiction forum shopping and the race to
balancing the needs
Negative content regulation
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action advertising Altmark Amending Directive approach argued Article 81 assessment BBC News 24 beneﬁt broadcasting environment broadcasting policy broadcasting sector BSkyB channels chapter choice citizen viewers commercial Commission Decision Commission’s Communications competence competition law competition policy concerns consumer convergence Council cultural deﬁned deﬁnition difﬁculties digital television discussed diversity DSAD EC Treaty economic editorial ensure EPGs European Parliament ﬁeld ﬁlms ﬁnal ﬁrst framework free-to-air freedom harmonisation identiﬁed impact industry inﬂuence Interpretative Communication issues jurisdiction limited Merger Regulation must-carry obligations Ofcom operators particular pay TV pluralism principle problems product placement programmes protection of minors public interest public service broadcasters public sphere question quota Recital recognised reﬂect regard regulatory relation requirements rules scope seen signiﬁcant social speciﬁc standards suggested teleshopping television broadcasting activities Television without Frontiers tion TWFD types Union law viewing experience