Keyword: European regulation

The independence of media regulatory authorities ‘on the books’ and ‘on the ground’

Irion, K.
Handbook of Media and Communication Governance, Edward Elgar Publishing, 2024, Cheltenham, UK

Abstract

Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.

Audiovisual Media Services Directive, Council of Europe, European regulation, Independent Regulatory Authorities, media governance

Bibtex

Chapter{nokey, title = {The independence of media regulatory authorities ‘on the books’ and ‘on the ground’}, author = {Irion, K.}, doi = {https://doi.org/10.4337/9781800887206.00019}, year = {2024}, date = {2024-07-29}, abstract = {Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.}, keywords = {Audiovisual Media Services Directive, Council of Europe, European regulation, Independent Regulatory Authorities, media governance}, }

Media Concentration Law: Gaps and Promises in the Digital Age

Seipp, T.
Media and Communication, vol. 11, iss. : 2, pp: 392-405, 2023

Abstract

Power concentrations are increasing in today’s media landscape. Reasons for this include increasing structural and technological dependences on digital platform companies, as well as shifts in opinion power and control over news production, distribution, and consumption. Digital opinion power and platformised media markets have prompted the need for a re-evaluation of the current approach. This article critically revisits and analyses media concentration rules. To this end, I employ a normative conceptual framework that examines ”opinion power in the platform world” at three distinct levels (individual citizen, institutional newsroom, and media ecosystem). At each level, I identify the existing legal tools and gaps in controlling power and concentration in the digital age. Based on that, I offer a unifying theoretical framework for a “digital media concentration law,” along with core concepts and guiding principles. I highlight policy goals and fields that are outside the traditional scope yet are relevant for addressing issues relating to the digital age. Additionally, the emerging European Union regulatory framework—specifically the Digital Services Act, the Digital Markets Act, and the European Media Freedom Act—reflects an evolving approach regarding platforms and media concentration. On a final note, the analysis draws from the mapping and evaluation results of a Europe-wide study on media pluralism and diversity online, which examined (national) media concentration rules.

digital platforms, editorial independence, European regulation, media concentration, Media law, media pluralism, opinion power, structural dependency

Bibtex

Article{nokey, title = {Media Concentration Law: Gaps and Promises in the Digital Age}, author = {Seipp, T.}, doi = {https://doi.org/10.17645/mac.v11i2.6393}, year = {2023}, date = {2023-06-30}, journal = {Media and Communication}, volume = {11}, issue = {2}, pages = {392-405}, abstract = {Power concentrations are increasing in today’s media landscape. Reasons for this include increasing structural and technological dependences on digital platform companies, as well as shifts in opinion power and control over news production, distribution, and consumption. Digital opinion power and platformised media markets have prompted the need for a re-evaluation of the current approach. This article critically revisits and analyses media concentration rules. To this end, I employ a normative conceptual framework that examines ”opinion power in the platform world” at three distinct levels (individual citizen, institutional newsroom, and media ecosystem). At each level, I identify the existing legal tools and gaps in controlling power and concentration in the digital age. Based on that, I offer a unifying theoretical framework for a “digital media concentration law,” along with core concepts and guiding principles. I highlight policy goals and fields that are outside the traditional scope yet are relevant for addressing issues relating to the digital age. Additionally, the emerging European Union regulatory framework—specifically the Digital Services Act, the Digital Markets Act, and the European Media Freedom Act—reflects an evolving approach regarding platforms and media concentration. On a final note, the analysis draws from the mapping and evaluation results of a Europe-wide study on media pluralism and diversity online, which examined (national) media concentration rules.}, keywords = {digital platforms, editorial independence, European regulation, media concentration, Media law, media pluralism, opinion power, structural dependency}, }