Media concentration 2.0: Regulating platform opinion power in a concentrated digital media ecosystem external link

2024

Abstract

This dissertation examines how regulation addresses the evolving challenges of opinion power and media concentration, with platforms becoming increasingly dominant actors in the media. Through an interdisciplinary approach, it explores regulatory strategies aimed at tackling media concentration, focusing on the central research question: How should and could platform opinion power and digital media concentration be regulated in Europe? The research identifies a shift in opinion power from legacy media to platforms across three levels—individual citizens, institutional newsrooms, and the broader media ecosystem—each impacted by platforms' economic, technological, and political power. Based on a thorough normative assessment of the constitutional foundations of media concentration laws, the dissertation analyses the legal challenges related to such power shifts in the media. At the individual level, platforms' algorithmic control over content raises concerns about autonomy, privacy, and freedom of expression. At the institutional level, platforms’ influence within news organisations—particularly through the provision of technologies and digital infrastructure—affects editorial independence and the economic sustainability of journalism. Finally, at the ecosystem level, platforms exert systemic opinion power, enabling the creation of dependencies and influence over other democratic actors. This poses significant risks to media pluralism and the democratic distribution power. The dissertation finds that traditional media concentration laws inadequately address these shifts. While the new EU regulatory framework offers valuable provisions in filling these gaps, it falls short of addressing the root causes of digital media concentration. The dissertation calls for a rethinking of regulatory strategies to better align with public interest values, media pluralism, and the evolving role of platforms in the digital landscape, providing insights for future policy development.

media concentration, Media law, platform regulation

Bibtex

Between the cracks: Blind spots in regulating media concentration and platform dependence in the EU external link

Seipp, T., Helberger, N., Vreese, C.H. de & Ausloos, J.
Internet Policy Review, vol. 13, iss. : 4, 2024

Abstract

Alongside the recent regulations addressing platforms and digital markets – the Digital Services Act (DSA) and the Digital Markets Act (DMA) – the European Union’s (EU) European Media Freedom Act (EMFA) aims to safeguard media freedom and pluralism, two essential pillars of democracy. The EMFA introduces several provisions, including rules specifically focused on assessing media concentration in "the online environment". While these initiatives are commendable, there are noticeable blind spots in how EU regulations tackle the issues of dependence on, and the power of, platforms amidst the rising trend of media concentration. An essential aspect that needs attention is the technological power of these platforms, underpinned by their economic and political power. We find that neither the infrastructural power of platforms – transforming them from “gatekeepers” to “digital infrastructure and AI providers” – nor their relational power – creating imbalances and dependencies while posing sustainability challenges for (local) journalism – are effectively addressed in the current EU regulatory frameworks, despite both forms of power driving digital media concentration. The article then concludes with recommendations for a way forward capable of preserving values such as media pluralism and editorial independence.

EU, media concentration, Media law, Platforms, Regulation

Bibtex

Media Concentration Law: Gaps and Promises in the Digital Age

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

Dealing with opinion power and media concentration in the platform era external link

LSE Blog, 2023

media concentration, Media law, Platforms

Bibtex