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Historically, the EU framework has made a distinction between media content and its delivery, with one kind of regulatory regime dealing with television-like services, and another dealing with the infrastructure for conveying the signal whether through broadcasting or telecommunications. Both run alongside a third regime directed at the commercial use of the internet — e-commerce.
New kinds of service and delivery do not respect those differences, however. These developments challenge the integrity of the historical categories, creating technical overlaps and inconsistencies in definitions and in implementation.
If public interest values are thought to justify regulatory oversight, they should apply to all kinds of service, regardless of market share or some other criterion of significance. Overall rating No ratings yet 0. The book draws on findings of two research projects funded by the UK Economic and Social Research Council and is written in an accessible style by leading scholars of media law and policy, who bring to bear insights from their respective disciplines of law and political science. Where useful or necessary, wording comes from the edition of the Dewey Decimal System. Routledge Handbook of the Politics of Brexit. However, focusing regulation on content delivery organisers would actually limit the scope of regulation in a different way, by narrowing the range of functions to which audiovisual policy would apply. The study examined six jurisdictions:
But they also introduce confusion in media policy, because they prevent different degrees and kinds of responsibility to be distinguished properly when making content available to users. In this context, the crucial element, in the chain from the creation of content to its reception by users, is the nature of the package that is received.
There are various ways to describe the main player putting together such a package: In relation to media policy, the main focus is on kinds of packaging activity which are directed at satisfying the main reasons why users engage with audiovisual material, which is to be informed, educated and entertained.
Download Citation on ResearchGate | Audiovisual regulation under pressure: Comparative cases from North America and Europe | In the face of globalization. Audiovisual Regulation under Pressure. Comparative Cases from North America and Europe, 1st Edition. By Thomas Gibbons, Peter Humphreys. Routledge.
That activity is different from other aspects of media use, such as enabling transactions between consumer and seller, ensuring access by all end-users, facilitating interconnectivity between different ways of receiving material, and preserving system integrity and system security. While these are not insignificant issues, they are ancillary to public interest requirements that audiovisual material should reflect the core media policy values that I mentioned earlier.
This approach implies that the ideal situation would be one where the various EU regulatory frameworks are rationalised.
Whatever the audiovisual content and whatever means are used to transport it, it is the organisation which brings everything together — to target the ultimate users — that should be held responsible. This question refers to concerns that, because new kinds of content delivery organisers are using methods that apply to both non-audiovisual and audiovisual content, any changes intended to apply to them will draw too many areas of previously unregulated activity, notably on the internet, into the regulatory net.
Over-regulation and over-inclusiveness may be considered bad in themselves, as well as possibly stifling innovation and experimentation. And it may be wondered why audiovisual material is being singled out for more regulation when the general trend in commercial life is towards liberalisation.