Media independence is vital for democracies, and so is the independence of the regulatory bodies governing it. The Independence of the Media and its Regulatory Agencies explores the complex relationship between media governance and independence of media regulatory authorities within Europe, which form part of the wider framework in which media's independence may flourish or fade. Based on research in more than forty countries, the contributions analyze the independence of regulators and draw links between social, financial, and legal frameworks.
With contributions from leading researchers from different regions of Europe and the United States, the publication's scope is unique in its comprehensiveness in relation to a specific topic and its innovative approach. Contributions go beyond existing theory in exploring methodologies to operationalize and measure formal and actual levels of independence of media and its regulatory agencies. Two major European research networks (INDIREG and MEDIADEM) collaborate and make substantial contributions to theory and research. Media independence is vital for democracies, and so is the independence of the regulatory bodies governing it. 'The independence of the media and its regulatory agencies' explores the complex relationship between media governance and independence of media regulatory authorities within Europe, which form part of the wider framework in which media's independence may flourish or fade.
Analyzes the role of the law in shaping the practices and standards of the media and implementing regulatory policies. The author discusses the relationship between commercial and constitutional objectives and priorities, the nature of impartial communication and other topics.
Today, it seems that independent regulatory authorities have almost become a natural institutional form for regulatory governance. This trend has economic and political roots, and numerous normative arguments for creating independent regulatory authorities have been put forward in the international economic, social science and legal literature, which this chapter will explore briefly. In the case of audiovisual media regulatory authorities the normative arguments for setting up independent regulators are more complex than just economic regulation. In the case of media there is a perceived need to prevent politicians and executive branches of government from exercising control over regulatory authorities because those would otherwise be highly susceptible to partisan interference. In this area, independence, as an institutional value of the regulator that should ensure the impartial and fair handling of its competences, has been a widely accepted media regulatory paradigm since the 1980s. This chapter will link regulatory theory and delegation to independent agencies with the inception of independent media regulatory authorities in Europe and introduce the various waves of development which have made this the leading institutional choice for audiovisual media governance.
"An exemplary study of how media regulation works (and, by implication, how it could work better) set within a wider discussion of democratic theory and political values. It will be of interest not only to students and scholars but to people around the world grappling with the same problem: the need to regulate markets, and the difficulty of doing this well." - James Curran, Goldsmiths, University of London In Media Regulation, two leading scholars of the media examine the challenges of regulation in the global mediated sphere. This book explores the way that regulation affects the relations between government, the media and communications market, civil society, citizens and consumers. Drawing on theories of governance and the public sphere, the book critically analyzes issues at the heart of today′s media, from the saturation of advertising to burdens on individuals to control their own media literacy. Peter Lunt and Sonia Livingstone incisively lay bare shifts in governance and the new role of the public sphere which implicate self-regulation, the public interest, the role of civil society and the changing risks and opportunities for citizens and consumers. It is essential reading to understand the forces that are reshaping the media landscape.
The current challenges facing National Regulatory Authorities and how cooperation between the various NRAs can strengthen their mission.NRAs are the guardians of freedom of expression and pluralism in broadcast and online media. They perform their duties by interpreting and implementing rules, and balancing interests, as reflected in their regulatory, monitoring, and sanctioning activities. And given their importance, these fundamental roles must be placed in the hands of an institution that bows to no one, neither the government nor private third parties. Only then is it guaranteed that decisions affecting media freedom and pluralism, as the twin pillars of democratic systems based on the rule of law, are made without taking into consideration any spurious interests, and that those affected by such decisions (broadcasters, VOD services, VSPs but also citizens) can trust them. However, as explained in a recent IRIS Special on the independence of media regulatory authorities in Europe,1 de jure independence does not always coincide with de facto independence.The hard truth is that media NRAs have faced unprecedented challenges in recent years, notably due to the complexification of the media ecosystem and the changing nature of regulation.This publication provides a snapshot - in a state of flux - of the various issues at stake in this respect, and is the fruit of intense cooperation between the European Audiovisual Observatory and the European Platform of Regulatory Authorities (EPRA)
This book develops and applies an inventive theoretical approach to the comparative study of the neglected aspect of the real (or "de facto") independence of regulatory agencies. The book begins with an examination of the organisational and institutional factors shaping the de facto independence of regulatory agencies in Western Europe. There follows an analysis of the role of independent regulatory agencies in the policy-making process, using de facto independence as an explanatory variable. The final section is devoted to the relationship between regulatory agencies and the news media. In the conclusive discussion, the author also tackles a set of normative questions, which relates to the virtues and perils of independence
