Public service broadcasting

 

IRIS Plus 2009-6: The "Telecoms Review": New Impetus for Audiovisual Media?

Authors: Sebastian Schweda, Institute of European Media Law (EMR) Saarbrücken/Brussels

Published: 01/11/2009

This IRIS plus examines the review of the European telecommunications regulatory framework. The lead article is as multilayered as the theme itself. Market regulation, spectrum policy, new distribution methods, interoperability, network neutrality, investment protection, "must-carry" obligations, access to information, fundamental rights, universal services and data protection are just a few key phrases linked to the various aspects of communications regulation.  More


IRIS Plus 2009-4: The Public Service Remit and the New Media

Authors: Meike Ridinger, LL.M. (Eur.), Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/06/2009

This IRIS plus discusses the involvement of public service broadcasting in the new media. The author examines to what extent and under what conditions the public service remit covers such an involvement and where the limits to legitimate state funding currently lie. She therefore goes in some detail into EC law and mentions numerous examples of national provisions in various countries.  More


IRIS Plus 2008-6: Progress in the Must-offer Debate? Exclusivity in Media and Communication

Authors: Alexander Scheuer/Sebastian Schweda, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/10/2008

This IRIS plus looks at the various dimensions of exclusivity in media and communication. This IRIS plus considers the current debate on whether the obligation to transmit (must-carry) certain content should be replaced or at least supplemented by an obligation to offer such content (must-offer). The first legislative steps have already been taken in this direction. The article examines this question particularly with regard to the assessment under competition law of such a paradigm change, but also in view of the tension between competition law and copyright law.  More


IRIS Special 2007 - The Public Service Broadcasting Culture

Authors: Susanne NIKOLTCHEV (Ed.), European Audiovisual Observatory

Published: 01/03/2007

In the recent Report “Public service media in the information society”, commissioned by the Council of Europe, Christian S. Nissen points to a provocative argument in the vibrant discussions about public service broadcasting. He writes that public service media can be seen as a remedy for a market failure inasmuch as the content offered by commercial providers is characterised by a lack of national and cultural diversity, and as such, does not reflect the diversity of European nations and regions. As the author stresses this argument was not the rationale for establishing public broadcasting systems. It might, however, be very relevant for its future.  More


IRIS Special 2006 - Audiovisual Media Services without Frontiers - Implementing the Rules

Authors: Susanne Nikoltchev (Ed.), European Audiovisual Observatory

Published: 01/12/2006

Working from the premise that after a revision of the TVwF Directive the rules of the two leading European instruments on broadcasting will be once more re-aligned, this publication seeks to explore the interplay between the Directive and the Convention. It will focus on monitoring and implementation issues that already gave rise to discussions in the past. The revision of the Directive matters only insofar as it may mitigate or intensify existing problems. To be clear, this publication will not deal with the concrete points that might set the two frameworks apart (points, which in any event, only become concrete after the finalisation of the revision of the Directive) until re-alignment takes place.  More


IRIS Special 2006 - Broadcasters' Obligations to Invest in Cinematographic Production

Authors: Susanne Nikoltchev (Ed.), European Audiovisual Observatory

Published: 01/12/2006

This IRIS Special describes the various ways in which the television industry supports cinematographic film – whether enshrined in law or on a voluntary basis, whether direct or indirect. It considers broadcasters' investment obligations in different European countries and investigates whether they are laid down in law, agreed in contracts or entered into voluntarily by broadcasters. It also explains the rules of procedure, discusses what broadcasters might receive in return and mentions some important economic factors. Where necessary or useful, this publication also contains information about national film funding mechanisms.  More


IRIS Plus 2006-4: Cultural and Regional Remits in Broadcasting

Authors: Thorsten Ader, Institute for European Media Law (EMR), Saarbrücken/Brussels

Published: 01/08/2006

This edition of IRIS plus explores how broadcasters' remits may be closely bound up with culture and geography. In particular, the following article focuses on legal stipulations about respect for culture and territorial specificities, which have been the subject of transnational or regional agreements.  More


IRIS Special 2005 - To Have or Not to Have Must-Carry Rules

Authors: Susanne Nikoltchev (Ed.), European Audiovisual Observatory

Published: 01/12/2005

Must-carry rules are one string in the regulators' bow regarding their efforts to ensure that all viewers may enjoy a certain basic content package. The establishment of new distribution platforms for television content (mainly cable) seemed to call this aim into question. It was feared that without legislative intervention incoming platform operators might refuse to carry certain programmes or, alternatively, might use exclusivity contracts to take certain programmes away from traditional carriers. Under either scenario, the viewers' choice of platform would have become synonymous with their choice of content and the idea of universal content would have died.  More


IRIS Plus 2004-3: Sport as Reflected in European Media Law Part II

Authors: Alexander Scheuer/Peter Strothmann, Institute of European Media Law (EMR), Saarbrücken/Brussels

Published: 01/05/2004

The main theme of this IRIS plus is the regulatory approach to the questions of exclusivity and the content of sports programmes – matters of prime commercial importance to broadcasting organisations.  More


IRIS Plus 2002-4: In Search of Lost Rightsholders: Clearing Video-on-Demand Rights for European Audiovisual Works

Authors: Francisco Javier Cabrera Blázquez, European Audiovisual Observatory

Published: 01/09/2002

This article investigates the conflict between copyright protection and new ways of exploiting audiovisual works. The key role that collecting societies might play and the need for corresponding legal provisions are discussed in particular.  More


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