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Looptijd: 2009 - 2012
Gefinancieerd door:
NWO
Auteur: N. Helberger
Samenvatting:
Media pluralism is critical to the exercise of freedom of expression.
This makes pluralism one of the principle public information policy objectives
in the regulation of audiovisual markets. The arrival of the ’active
consumer’ fundamentally questions the efficacy of the traditional and
often criticized as ’paternalistic’ approach of audiovisual law
to imposes pluralism requirements on the market. Consumers are today no longer
limited to a role of passive ’eyeballs’ and mere receivers of
traditional broadcasting. Video-on-demand services allow them to actively
select contents. Services like YouTube or MySpace even involve them in the
production and distribution of audiovisual content. Having said that, the
frequently suggested regulatory alternative of leaving the realization of
pluralism entirely to a market-led model has its drawbacks too. One possible
source of failure of the market to generate a sufficiently plural audiovisual
offer are imbalances in the commercial relationship between consumers and
suppliers of audiovisual content. Examples are information asymmetries, technical
or contractual lock-ins. Consumer law could be the answer to these and other
comparatively new and increasingly important obstacles to pluralism in audiovisual
markets.
The project will compare two models for the regulation of audiovisual
services: a supply-side oriented approach as currently used in traditional
audiovisual law and a consumer-led approach, supported by consumer law. The
role that consumer law could play in furthering pluralism in audiovisual
markets has not yet been studied. As audiovisual law is gradually loosing
its steering power a consumer law approach could fill this void. It could
respond to a trend towards private ordering in the form of contract and electronic
content control. A related question of similar importance for information
law theory and practice that the project will deal with in more depth
is what the implications of the ’active’ consumer are for audiovisual
and consumer law.
Publicaties:
(met A. Leurdijk & S. de Munck)
User Generated Diversity: Some Reflections
on How to Improve the Quality of Amateur Productions, Communications & Strategies, 2010-77, p. 55-77.
Evenementen:
“Media pluralism from the user perspective”, workshop organized
by and at IViR, 3 December 2010
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