State media regulation in Portugal: common and distinct features (original) (raw)
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Journal of Digital Media & Policy, 2022
The revised Audiovisual Media Services Directive has brought about the long-awaited policy shift towards making the independence of regulatory bodies an explicit European legal requirement. At the same time, the adopted legislation leaves many unresolved questions even on the points that it regulates in detail. Ultimately, it does not put the European Commission in a position to check that national authorities are making truly unbiased and impartial decisions.
Monitoring media regulators’ independence. Evidence-based indicators, Hungarian experience
The regulator’s independence in terms of the guarantees to prevent any interest group from exercising excessive influence over regulator’s decisions is essential in terms of ensuring the legitimacy of implemented policies and realising the constitutional objectives of media regulations. While acknowledging the role and significance of independence, we must also consider how accountability of these institutions could and should be provided in the framework of democratic governance mechanisms, therefore we’ve explored and identified key areas of regulatory performance of media authorities, elaborated performance indicators, and have made policy and legislative proposals. To measure whether all players have an equal chance in market entry procedures, sanctioning practices and in all fields of the application of media laws, we propose to complementing the independence indicators with conclusions derived from reviewing the authority's actual work and decisions. We propose the introduction of enforceable normative criteria in EU legislation too, which could be implemented by the mechanisms and tools available for the EC, the EP and the European Court of Justice. With the introduction of our proposed policy and regulatory measures, the accountability of these institutions will be significantly enhanced and thus their existence, operation and democratic legitimacy become more justified.
Regulatory Instruments for Digital Broadcasting Systems
One of the main objectives of media regulation is to protect human rights and other constitutional values which collide with the freedom of opinion; the other is to support the development of the media system. The protection of personal and community interests makes some limiting of the freedom of speech necessary, while the regulations relating to the development of the media system are basic conditions for freedom of speech. This essay – which is a summary of wider research by the author – outlines the regulatory tasks for the development of media systems and for certain instruments suitable for carrying them out. Further, it examines the relationship between the instruments of traditional media law, of telecommunication (electronic communication) regulation, and of competition law. The essay summarises the regulatory problems of market entry, “must carry” and “must offer” obligations, access under Electronic Communications law, content packaging, other ‘bottlenecks’ of digital broadcasting, as well as media concentration. Its main focus is the application of those instruments to the digital media sector. Published in Balogh Zsolt György (ed.): Studia Iuridica Auctoritate Universitatis Pecs Publicata. Selected Essays of Faculty of Law Univerity of Pécs, Pécs, 2010. 147-163.
An Introduction to Media Regulation
This paper discusses the concept of media regulation, giving examples of the various types such as Self-regulation, Co-regulation, Incentivised regulation and statutory regulations. It also provides examples where these types or regulation are being applied.
Achieving media independence through legal and regulatory measures: A formality or reality?
Cogent Arts & Humanities
Ghana's Fourth republican constitutional provisions on the independence of the media and of expression were subjected to a qualitative assessment on the question: has it lived up to expectation? The study showed that the constitution marked a takeoff point for media liberalisation that led to increased private ownership participation and broke the "culture of silence" to some appreciable extent within the public sphere. Some shortfalls were identified and these were: the media lacks right to information, some archaic laws still exist in the statute books and huge court fines cripple media outlets.
Theoretical and Historical Analysis of the Reasons of Media Regulation
Вісник Національного університету «Львівська політехніка», 2022
The geopolitical catastrophes of the twentieth century have called into question the postulate of the concept that everyone is rational and seeks to find the truth, guided only by reason. Throughout the history of the development of information dissemination channels, we have constantly observed attempts by the state or other strong organizations to regulate, limit their activities-from preventive (censorship) to repressive, and often a mixture of them. The problem is the fundamental uncertainty of what exactly needs to be regulated-the circulation of information or the activities of the media. The constant search for a balance between freedom and responsibility of the media, setting boundaries and restrictions on the media and journalists, expressed through the adoption / amendment / repeal of laws and other regulations indicate the need to identify the main reasons for such regulation. Based on the understanding that any regulation is an interference in current activities, we can assume that the standardization of activities in the field of media is carried out for a specific purpose (public interest, for example), to meet market needs (support fair competition) or for technical reasons technical standards), etc. It is carried out at various levels-from relevant international norms and standards, national provisions in regulations of various levels to administrative procedures and technical specifications. In addition, it can be externalnormatively defined for a certain type of activity and internal-in the form of self-regulation, such as internal control or public pressure from the outside.