Review of Changes in the Media Industry in the Era of Platform and Improvement Potential through Application of Competition Law

Myungsu Hong
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Abstract

The dominance of the platform is gradually expanding around the world, and this phenomenon is no exception in Korea. This phenomenon is particularly noticeable in the media industry, and the expansion of the platform's dominance is a factor that further intensifies the media crisis that has already been underway. Currently, online articles are provided through platforms, and as a result, media companies' dependence on the platform is increasing. In this situation, the self-sustaining foundation of the media company will weaken, and the core function of the media based on diversity will inevitably shrink. To solve this problem, measures have been proposed to increase the responsiveness of media companies to the platform or to regulate the relationship between the platform and media by a third party that guarantees fairness. The former is embodied in a way that grants neighboring rights to media companies under the Copyright Act to enhance the bargaining power of media companies that provide articles through the platform. The latter is typical of the operation of the "News Alliance Evaluation Commission" in Korea, which is based on the perception that arbitrary exercise of control of the platform can be suppressed by the committee deciding whether to maintain transaction relations between the platform and media companies in an independent position. Such attempts are expected to contribute to solving problems to some extent, but certain limitations are also being revealed. To supplement this, it is necessary to actively consider the application of competition laws. The media provides the basis for democracy, the principle of political order, and competition is a key factor in maintaining media diversity. This internal connection between the media and competition will not only support the validity of the application of the competition law to the media sector, but also serve as a basis for expecting the effectiveness of regulations under the competition law.
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从竞争法的适用看平台时代媒体产业的变迁与提升潜力
该平台的主导地位在世界范围内逐渐扩大,在韩国也不例外。这一现象在传媒业尤为明显,而平台主导地位的扩大更是进一步加剧了已经开始的媒体危机的一个因素。目前,网络文章都是通过平台提供的,媒体公司对平台的依赖程度越来越高。在这种情况下,媒体公司的自我维持基础将会减弱,以多元化为基础的媒体的核心功能将不可避免地萎缩。为了解决这一问题,人们提出了一些措施,可以提高媒体公司对平台的响应能力,或者通过第三方来规范平台与媒体之间的关系,以保证公平。前者体现为根据《著作权法》赋予媒体公司邻接权,以提高通过该平台提供文章的媒体公司的议价能力。后者是韩国“新闻联盟评价委员会”的典型运作,其基础是这样一种观念,即平台任意行使控制权,可以由决定是否维持平台与媒体公司之间独立地位的交易关系的委员会来抑制。这种尝试有望在一定程度上有助于解决问题,但也暴露出某些局限性。为此,有必要积极考虑竞争法的适用问题。媒体是民主的基础,是政治秩序的原则,而竞争是维持媒体多样性的关键因素。媒体与竞争之间的这种内在联系,不仅支持了竞争法适用于媒体部门的有效性,也为期待竞争法规制的有效性提供了依据。
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