N. Helberger, From eyeball to creator - toying with audience empowerment in the Audiovisual Media Service Directive, Entertainment Law Review, 2008-6, p. 128-137.

06.10.2008

O. Castendyk, E.J. Dommering & A. Scheuer, European Media Law, Alphen aan den Rijn: Kluwer Law International 2008.

This book supplies the first in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. Leading European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary on European media law. The commentary interprets the law whenever possible article by article, section by section, and concept by concept, with reference to relevant case law and legal literature as issues arise. Illustrating their reasoning throughout with practical examples, the authors also take account of anticipated developments and future reforms that are likely to have an impact on the existing legislation.

This book can be purchased through Kluwer Law International.

19.09.2008

J.J.C. Kabel, ‘Audiovisual Media Services and the Unfair Commercial Practices Directive’, IRIS plus (Supplement to IRIS - Legal Observations of the European Audiovisual Observatory), 2008-8, p. 2-8.

19.09.2008

This article examines the notion of cultural diversity, explains why it should be promoted and assesses the important role of new media technologies in advancing that aim.

18.07.2008

T. McGonagle, European-level measures for promoting cultural diversity in broadcasting: quixotic tilting in a new technological era? in: Mikä Osa Yleisöllä? Yearbook of Communication Law 2007, P. Letto-Vanamo (ed.), Institute of International Economic Law (KATTI), Faculty of Law, University of Helsinki, Finland 2008, p. 119-136.

This article challenges the presumed relevance of Articles 4 & 5 of the TWF Directive for the promotion of cultural diversity in the European audiovisual sector. It argues that selected alternative regulatory provisions and other mechanisms hold greater potential for enhancing cultural diversity in a new communications environment. It also evaluates the continued feasibility of the objective of promoting cultural diversity in the current era of technological flux. The article flags and comments on several important developments in European audiovisual regulation that occured in 2007.

05.03.2008

N. Helberger, The Changing Role of the User in the "Television Without Frontiers Directive", in Legal Aspects of Video on Demand, IRIS Special, December 2007.

The changing role of users of audiovisual services might eventually shake the very base of traditional media policy. It is early days yet. It is certainly not too early, however, to become aware of changes and muse about possible implications for media law and policy. The objective of this article is to scrutinize some aspects of traditional government involvement with audiovisual media from the perspective of the changing role of the users. Aspects that will be discussed include the justification for government intervention in the first place, the image of the user, the character of intervention and the new issues that are likely to play a role in future media law and policy. The point of reference will be the revised proposal for a Directive on the Regulation of Audiovisual Media Services.

24.01.2008

N. Helberger, Some critical reflections about access obligations under the European Communications Framework, Communications & Strategies, 2007-68.

European communications and competition policy has a tradition on access obligations as primary tool to discipline exclusive control over so called bottleneck facilities. In the 2007 Communication on the Review of the European Communications Framework, the European Commission stressed once more the importance of access rules as a tool to realize consumer welfare, competition and user rights, notably the right for users to access and distribute lawful content. This article will place some critical reflections on access obligations. Using the example of bottlenecks in digital broadcasting, it will show that access obligations that were successfully applied to traditional bottleneck situations are not necessarily the best or effective way of guaranteeing openness of the digital service market. The example of digital broadcasting is for many reasons interesting.

24.01.2008

N.A.N.M. van Eijk, The modernisation of the European Television without Frontiers Directive: unnecessary regulation and the introduction of internet governance, (draft) paper presented at the International Telecommunications Society 19th European Regional Conference, 2-5 September 2007, Istanbul, Turkey.

Critical analysis of the proposed Audiovisual Media Services Directive (AVMS).

01.11.2007

T. McGonagle, Safeguarding Human Dignity in the European Audiovisual Sector, IRIS plus (Supplement to IRIS - Legal Observations of the European Audiovisual Observatory), 2007-6.

Human dignity is a very important notion in international human rights law. It is also a very broad notion. This article examines existing legal norms for its protection in the European audiovisual sector.

28.06.2007

M.M.M. van Eechoud, The position of broadcasters and other media under "Rome II": Proposed regulation on the law applicable to non-contractual obligations, IRIS plus (Supplement to IRIS - Legal observations of the European Audiovisual Observatory), 2006-10.

The EU are in the advanced stages of legislating conflict of laws rules for torts, with the adoption by the Council of a common position on the proposed Rome II regulation on the law applicable to non-contractual obligations. In this contribution, a critical look is taken at this private international law instrument and its impact on the broadcasting and media industries. The legislative background and objectives of Rome II are set out, followed by an introduction to its general rules. Special attention is paid to questions of intellectual property, unfair competition and violations of interests in personality (including defamation). 

23.11.2006

As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

03.03.2006

‘Search engines: Seek and ye shall find? The position of search engines in law’, IRIS plus (Supplement to IRIS - Legal observations of the European Audiovisual Observatory), 2006-2.

15.02.2006

The public broadcasting organisations in the Netherlands play a fundamental part with respect to the production of cinematographic films, produced by the Dutch film industry. These organisations are involved in the production of virtually all films of this kind. Participation in cinematographic production takes place on a voluntary basis and, as from 2005, the public broadcasters have announced the adoption of a streamlined film policy which will cover their coordinated investments in cinematographic feature films. The contribution of public broadcasters takes the form of direct investment in film productions. In addition, funding institutions (CoBO and STIFO) exist which are specifically aimed at supporting projects involving a public broadcasting organisation. Although commercial broadcasting organistions have hitherto played a negligible role in this respect, the main commercial broadcaster in the Netherlands, RTL Nederland, has also recently adopted a voluntary policy of investment in cinematographic films.

25.01.2006

See also the slides.

10.11.2005

T. McGonagle, ‘Commentary: Access of persons belonging to national minorities to the media’, in Filling the frame: Five years of monitoring the Framework Convention for the Protection of National Minorities (Strasbourg, Council of Europe Publishing, 2004), pp. 144-159.

This article explores a selection of issues influencing the access of persons belonging to national minorities to the media. It examines and evaluates the results to date of the formal monitoring of relevant provisions of the Council of Europe's Framework Convention for the Protection of National Minorities. It makes a number of recommendations for enhancing the monitoring procedures in question.

14.10.2004

T. McGonagle, ‘Regulating minority-language use in broadcasting: international law and the Dutch national experience’, Mediaforum, 2004-5, p. 155-160.

This article considers the place of the new set of Guidelines on the use of Minority Languages in the Broadcast Media within the framework of existing international legal and political standards. Against this backdrop, it also examines relevant Dutch national policies, law and practice.

27.05.2004

T. McGonagle, "Practical and Regulatory Issues Facing the Media Online", in Christiane Hardy & Christian Möller, eds., Spreading the Word on the Internet: 16 Answers to 4 Questions (Vienna, OSCE Representative on Freedom of the Media, 2003), p.81-94

The first part of this article briefly sketches some of the challenges to be met by the media in an online context. The second part teases out the notion of co-regulation of the media, explaining why it has entered into relevant discussions at this point in time and what its essential features are. A comprehensive assessment of the suitability of such regulatory models for the Internet was, however, beyond the scope of the article.

27.01.04

T. McGonagle, 'Treoirlínte ar theangacha', Foinse, 21 December 2003, p.23.

This article, written for Foinse - the main national, Irish-language weekly newspaper (see further: http://www.foinse.ie), examines a new set of international guidelines on the use of minority languages in the broadcast media. It also examines how current broadcasting policies, laws and practice in Ireland measure up to the Guidelines.

Published 20.01.2004

T. McGonagle, B. Davis Noll & M. Price, eds., 'Minority-language related broadcasting and legislation in the OSCE', Study commissioned by the OSCE High Commissioner on National Minorities, carried out by the Programme in Comparative Media Law and Policy (PCMLP), Oxford University, and the Institute for Information Law (IViR) of the University of Amsterdam, April 2003.

This is a comprehensive survey of the regulation of (minority) language usage in the broadcasting sectors of the 55 Participating States of the Organization for Security and Co-operation in Europe (OSCE). The study includes a detailed comparative overview that presents the trends identified in States throughout the OSCE region against the background of existing international legal norms. The country reports, for their part, document and contextualise formal prescriptions and proscriptions of language and other measures affecting the use of (minority) languages in the audiovisual sector.

The overview comprises key elements of the study and seeks to synthesise and analyse the information contained in the country reports.

Published 24.09.2003

This text is based on a presentation given by the author at a workshop organised by the European Audiovisual Observatory, IViR and the EMR at the European Union Institute in Florence on 6-7 September 2002. The workshop was entitled "Co-Regulation of the Media in Europe" and this text explores existing and possible regulatory approaches to "hate speech". It examines in particular the potential role that co-regulation could play in implementing the public policy objective of tackling hate speech. It also briefly sketches relevant internation legal norms.

Published 30.09.2003

T. McGonagle, ‘Co-Regulation of the Media in Europe: The Potential for Practice of an Intangible Idea’, IRIS Plus (Supplement to IRIS - Legal Observations of the European Audiovisual Observatory), 2002-10.

Published 27.11.2002

Published 19.09.2002

This article provides a comparative overview of distinctions between traditional broadcasting services and new media services in the national legal systems of: Germany, Ireland, Italy, the Netherlands, the United Kingdom and the United States. It then offers a broad-ranging exploration of broadcasters’ involvement in new media services. The latter section places particular emphasis on the activities of public service broadcasters.

Published 25.03.2002

This report provides an overview of the changing face of broadcasting law and practice in a number of South-East European countries. It also analyses the status quo in these countries in light of international human rights standards, in particular as regards freedom of expression.

Published 09.09.2001

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

Published 06.08.2001

Within Europe, the legal protection of pay-TV services against piracy is not as complete as service providers might like it to be. This article explores the extent to which the recently adopted Conditional Access Directive will change this situation.

Published 24.02.2000

In the framework of the ‘Legal Guide to Audiovisual Media in Europe’ of the European Audiovisual Observatory, Strasbourg, this article reports on the legal situation in Liechtenstein in the fields of broadcasting, film, telecommunications and the global information society. As well as giving a concise overview of the relevant legislation and reflecting on the most recent legal developments, the report includes bibliographical references and addresses of responsible authorities.

Published 24.02.2000

This contribution to the ‘Legal Guide to Audiovisual Media in Europe’ of the European Audiovisual Observatory, Strasbourg, introduces Monaco's recent legislation in the audiovisual sector. The article gives an overview of existing legislation and of actual developments in the audiovisual sector of this country, and provides bibliographical references and relevant addresses.

Published 24.02.2000

Egbert J. Dommering, ‘The Dutch System of Financing of Public Broadcasting’, in: Rüdiger Pethig en Sofia Blind (ed.), Fernsehfinanzierung. Ökonomische, Rechtliche und Ästhetische Pesppektiven, Westdeutscher Verlag: Opladen/ Wiesbaden 1998, p. 248-255.

This article analyzes the financing system of Dutch public service broadcasting and discusses the arguments used for the justification of the licensing fee.

Published 03.08.1998

Egbert J. Dommering, ‘Advertising and Sponsorship Law - Problems of Regulating Partly Liberalised Markets’, in: Europäisches Medienrecht - Fernsehen und seine gemeinschaftsrechtliche Regelung, Band 18 Schriftenreihe des Instituts für Europäisches Medienrecht, Saarbrücken Verlaggruppe Jehle Rehm: München/Berlin 1998, p. 49-60.

This article analyzes the jurisprudence of the ECJ on the interpretation of the TV directive and more specifically, cross-border advertisements and sponsoring.

Published 03.08.1998

Natali Helberger, ‘Die Präzisierung des Sendestaatsprinzips in der Rechtsprechung des EuGH’, Zeitschrift für Urheber- und Medienrecht (ZUM), 1/98, p. 50-60 ( also available in zip-format - only 69 kB).

The jurisdiction of Member States over transnationally operating broadcasters, as laid down in the former version of the Television without Frontiers Directive, has repeatedly caused legal conflicts. The issue of jurisdiction is of particular importance for the transborder activities of broadcasters, since national laws governing the transmission of broadcasts differ considerably in such important areas as advertisement rules and the protection of minors. In a number of recent decisions, the European Court of Justice clarified the principle of Member States’ jurisdiction over broadcasters. This article provides an overview of the relevant judgments of the court and also takes into account the corresponding provisions of the (revised) Television without Frontiers Directive.

Published 24.02.2000

J.J.C. Kabel, 'Commercialisation of cinemafilms and tv films. Legal issues', Tolley's Communications Law 1997-4, p. 141-145.

Juridische principes en praktijk van de rechtspraak bij de financiering door derden van gewone films en tv-films.

Geplaatst 13.11.1998

Egbert J. Dommering, 'The Dutch Audiovisual Landscape: An Interesting European Case', in: Santiago Munoz Machado (ed.), Derecho Europeo del Audiovisual, Tomo I, 521-534, Madrid: 1997.

This article analyzes the development of the Dutch broadcasting system in respect of European law.

Published 06.04.1998

Egbert J. Dommering, 'The Dutch Audiovisual Landscape: An Interesting European Case', in: Santiago Munoz Machado (ed.), Derecho Europeo del Audiovisual, Tomo I, 521-534, Madrid: 1997.

This article analyzes the development of the Dutch broadcasting system in respect of European law.

Published 06.04.1998

Nico A.N.M. van Eijk, 'Cable television networks in Europe', in: Santiago Muñoz Machado/Rafael de Lorenzo (red.), Derecho Europea del audiovisual, actas del congreso organizado por la asociación europea de derecho del audiovisual, Madrid/Sevilla: 1997, p. 1073-1079.

In October 1995, the European Commission adopted a directive to allow the carriage of all liberalized telecommunications services on cable TV networks as from 1 January 1996. By adopting this directive, the European Commission aims to foster competition and new initiatives in the telecommunications field. This article addresses the enforcement and content of the Commission's directive.

Published 08.04.1998

Updated 03.07.2012