Audiovisual Media Regulation Research Papers (original) (raw)

State and community authorities face up to the task of redefining the legal framework affecting European television services, with the challenge of adopting a configuration capable of assimilating the multiple requirements consequent on the complex nature of television. Communitarian Law has participated in this process, proposing a new perspective built on the definition of television services as general economic interest services. European jurisprudence in audiovisual matters has to address the consequences of incorporating this regulation alongside national laws. Competitiveness between operators, control of possible exceptions, the redefinition of the public service mission – these are some of the consequences of the Communitarian perspective. Although the Communitarian perspective has benefits and drawbacks, its contributions allow the construction of a more stable television model, producing new market regulation, and, above all, with the aim of protecting citizen interest. At present, state and community authorities have the task of redefining the legal framework for European television services and addressing the complex challenge of adopting a configuration which will integrate the multiple and multifaceted demands of television. The changes in the EU television market are manifold: the collapse of public monopolies, the increase in offer, the importance of audience indexes, the beginning and slowdown of the liberalisation process, the underperformance of the traditional financial and management model, the concentration of the private sector, digitalisa-tion, technological convergence – all these have meant that European television legislation is in great need of change in order to cope with varied social needs, which are, mainly, ignored by the current legal systems (Muñoz Saldaña 2006). As part of this process, many European public television companies are currently undergoing a re-definition that brings into question the continu-ance and structure of state and public broadcasters and their coexistence with private operators. This subject is the central point of a legal, professional, political, economic and social argument which asks, amongst other questions , the following: What should the role of state channels in the new audiovisual market be? What happens when the concept of public service is applied to digital television? Is fair competition between public and private channels possible? How can the controversy of funding state companies be dealt with? Technological development is at the root of this change, and, while increasing offer and eliminating all borders to broadcasting, it has opened 203 MCP 4 (2) 203–219