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European and International Media Law: Liberal Democracy, Trade, and the New Media


ISBN13: 9780198268550
Published: May 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £73.00



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Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order.

As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom.

In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism.

Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy.

Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.

  • Clearly demonstrates the impact of the internet and new communications technologies on media law
  • Puts media law in a larger European, transatlantic, and global context
  • Shows how media issues work at the interface of human rights and economic law
  • Gives a basic explanations of relevant European and international fields of law as well as technical discussions of the new developments
  • Devotes individual chapters to major media law issues important in contemporary European and international relations

  • Subjects:
    Media and Entertainment Law
    Contents:
    Part I: Media Law and Liberal Democracy
    1: The New Media,The New Media and the New State
    2: The Media and the Liberal Democratic State
    3: Liberal Democracy and the Media in European and International Law
    Part II: The Media in European and International Regimes
    4: The Media in the European Single Market
    5: International Trade in Media Goods and Services
    6: The Media in European and International Human Rights Law
    7: Jurisdiction and the Media
    Part III: Restricting the Liberty to Publish
    8: Criticism of the State and Incitement to Violence
    9: Access to State Information
    10: Information Privacy and Reputation
    11: Protection of Personal Data
    12: Pornography and Violence
    13: Incitement to Hatred
    Part IV: Intervention in Media Markets
    14: Democracy, Pluralism, and the Media
    15: Cultural Policy and the Entertainment Media