European Broadcasting Law and Policy
Broadcasting is one of the 'cultural industries', and can be valued in terms of money or in terms of its cultural, educational and political significance. According to UNESCO, the global market value of cultural and creative industries has been estimated at USD 1.3 trillion and is rapidly expanding. According to a report by UIS in 2005, the UK was the biggest single exporter of cultural goods that year (USD 8.5 billion) followed by the USA. Within the UK, the broadcast advertising market is worth GBP11.1 billion, with online advertising increasing to GBP 3.5 million. While the sector is clearly significant in economic terms, its cultural, educational and political significance has led it to be a highly regulated sector. The late 20th century national accords in this regard have been challenged by increasing commercialisation of the sector and changes in technology, which facilitate a wider and more transnational media market in which different states' regulatory frameworks potentially conflict with each other and with the demands of market players.
Against this background, we will study the EU rules on broadcasting, which now forms the framework for the national regulatory systems of the Member States both in terms of the implementation of directives but also as regards the interplay between broadcasting regulation and competition policy. This course will look at the scope of broadcasting regulation and its relationship with other forms of electronic mass communications (e.g the Internet); consider jurisdiction especially as regards multinational media conglomerates; analyse the contentious quota rules and advertising restrictions. We will also look at a number of areas as case studies, such as: premium content (particularly sports rights); media ownership; and public service broadcasting and state aid. While we will focus on the detail of the law, this needs to be understood against current developments in the sector and in the light of the general policy claims made about the broadcasting sector.