The Adequate Level of Broadcasting Regulation and the Polish TV Market


Book Description

This book analyzes and evaluates the overall significance of public market involvement in general and specifically in the Polish TV signal transmission segment. The work's theoretical fundament consists on the one hand of the major technological parameters accompanying the market, and on the other hand of the two main theoretical approaches influencing this industry: the theories of competition policy and media policy. Based on the technological preconditions of the television sector, its natural markets and products are identified, thereby connecting the technological sphere with a market model terminology. The theoretical approaches examine the TV market's economic and socio-political specifics with the focus on the question of public market regulation, its justification, configuration, and extend. On this base, Poland's television market is presented in its broader context from three interrelated angles: from the legislative, the political, and the economic perspective, allowing for a definition of its factual public market involvement level, for the elaboration of its shortcomings according to the previously derived theoretical postulates, and for refinement suggestions.







Public Service Media in Europe: A Comparative Approach


Book Description

Public service media (PSM) have been the mainstay of Western European broadcasting for a number of decades. Yet despite a general political consensus in favour of PSM, recent technological, economic and political changes have led to a questioning of their value. This new collection of essays explores the history of PSM in selected European countries, from their early establishment as the main media in many countries to charting their transformation and evolution in recent years. The contributions consider the political, economic and market-integration issues that impact PSM, while also highlighting the importance of the ideology that originally accompanied PSM in its initial years, to see how relevant they are in the contemporary world. The book consists of two complementary parts: Part I: Theoretical Aspects and Global Influences on Public Service Media in Europe Part II: A Comparative Analysis of Public Service Media across Europe With contributions from leading experts, the first part offers a thorough examination of the current concepts and conditions that influence PSM in Europe. The second offers a comparative study of PSM in several European countries including France, Germany, Italy, Poland, Spain and Sweden. Offering the most comprehensive study of the field to date, Public Service Media in Europe will be useful for students and researchers in public media, political communication, international and comparative media.




Illiberal Constitutionalism in Poland and Hungary


Book Description

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.




Media Law in the time of liquid modernity


Book Description

Political and social changes that took place at the turn of the 20th and 21st centuries and, additionally, technological revolution and the process of digitalisation have resulted in significant social, economic and legal transformations. Then, it can be even said metaphorically that together with the development of the Internet we discovered a new continent. 'Colonization' of this area resembles conquering new areas in times of great geographical discoveries. At first, power and violence were prevailing and only later people tried to introduce effective methods of law enforcement. Nowadays, the next problem is the non-territoriality of phenomena on the Internet. From the point of view of legal actions, it is generally limited to a legal system of a given country, and seems to be a fundamental issue. As it appears, law and legal systems do not handle the challenges of global space and it is rather a gunslinger's speed that turns out to be essential here. However, it should be hoped that with time, as in the case of the real world experience, power will be replaced with powerful arguments based on effective legal mechanisms in particular. All the more so, as these changes happen very rapidly. Thus, referring to the known concept of liquid modernity by Zygmunt Bauman, it can also be said that by regulating the media subject in the field of law to fundamental changes, we are confronted with the uncertainty of legal institutions concerning this part of social life. Hence, we should return to the basics and again pose fundamental questions about media law such as, for instance, what should the press, radio, television be called, and who can be treated as a journalist. Additionally, we should face new legal phenomena and challenges. The collective work we are passing to the readers is an attempt to analyse the current state and present a forecast about further changes as well as answers to at least several questions posed above. Being aware of the fact that it is impossible to deal with or even settle all the aforementioned problems in such a study, the editors hope that, thanks to reviews and deliberations of the authors, the book will significantly contribute to the discussion on media law in the 21st century. The authors of individual chapters of this book are researchers from various Polish scientific institutions and members of the Polish PressLawAssociation.




The European Union and the Culture Industries


Book Description

This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.




Experimentalist Competition Law and the Regulation of Markets


Book Description

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.




Media and Politics in New Democracies


Book Description

How is power being mediated in new democracies? Can media function independently in the unstable and polarised political environment experienced after the fall of autocracy? Do major shifts in economic and ownership structures help or hinder the quality of the media? How much can new media laws alter old journalistic habits and political cultures? And how do new technologies impact the media and democracy? This book examines these questions, drawing on a vast set of data assembled by a large international project.




Media Ownership and Control


Book Description

Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern - but sector neutral - competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects-based approach. Second, in 2013 the India telecoms regulator launched controversial reform proposals to apply a media-specific approach to ownership regulation. As academics, lawyers, businesses, regulators and policy-makers in India cast a glance at the international experience, this book examines the legal, economic and policy issues relating to regulation of ownership and control of media markets. The focus of comparative assessment is on examples from the European Union, EU Member States and the US.




Television Across Europe


Book Description

The reports include regional overviews and 20 individual reports focusing on the state of television - both public service and commercial broadcasting. The countries monitored include the whole of Central and Eastern Europe, South-eastern Europe, selected Western European countries and Turkey.