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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Media Pluralism and European Law

ISBN13: 9789041138941
Published: December 2012
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £80.00

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Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate ‘soft law with hard statements’, introduce a ‘pluralism test’ in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following:

  • various types of integration of media companies and the different ways they affect pluralism and diversity;
  • limitations of must-carry rules and principles of interoperability;
  • the diverging priorities of different European organizations, institutions and bodies; and
  • contradictory lobbying efforts from industry actors.
The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content. In this era which is transforming media and communications industries worldwide, with an ever-increasing plethora of delivery means without respect to national borders, this book is an essential resource for regulators and other concerned policymakers, as well as for lawyers working with any aspect of media.

EU Law, Media and Entertainment Law
1. Introduction.
2. European Approach to Media Concentration Regulation – The Clash of Values.
3. European Tools I: European Court of Human Rights and the Council of Europe.
4. European Tools II: European Competition Law.
5. European Tools III: Fragmentary EU Legislative Measures.
6. National Tools – Media Concentration Laws in Four Member States.
7. Case for Action at the EU Level?
8. Solutions to Augment Current EU Action in the Media Pluralism Field.
9. Conclusion.