Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00030
M. Stasi, P. Parcu
{"title":"Disinformation and misinformation: the EU response","authors":"M. Stasi, P. Parcu","doi":"10.4337/9781786439338.00030","DOIUrl":"https://doi.org/10.4337/9781786439338.00030","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123081615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00018
M. V. D. A. Cunha, Shara Monteleone
{"title":"Data protection, freedom of expression, competition and media pluralism: challenges in balancing and safeguarding rights in the age of Big Data","authors":"M. V. D. A. Cunha, Shara Monteleone","doi":"10.4337/9781786439338.00018","DOIUrl":"https://doi.org/10.4337/9781786439338.00018","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134431705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00015
Marta Maroni, E. Brogi
{"title":"Freedom of expression and the rule of law: the debate in the context of online platform regulation","authors":"Marta Maroni, E. Brogi","doi":"10.4337/9781786439338.00015","DOIUrl":"https://doi.org/10.4337/9781786439338.00015","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133859820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00007
E. Brogi, Roberta Carlini, Iva Nenadić, P. Parcu, M. V. D. A. Cunha
Starting the Handbook with an analysis of media pluralism clarifies our conclusion that this is the most fundamental target for any principled and relevant European media law and policy. However, media pluralism is, at the same time, one of the keys and one of the most complex concepts of contemporary media policies. At the level of European Union law and policy, media pluralism is recognised as one of the core values on which the European Union is founded.1 It is seen as an indispensable condition for exercising citizenship and fostering participation in a democratic society by enabling media to fulfil their role in providing complete, balanced, and accurate information, and holding power to account.2 For this reason, media pluralism is also one of the components examined under the renewed and deepened EU rule of law monitoring mechanism, as a sort of indicator of the health of a given democracy.3 In effect, all EU contemporary democracies acknowledge the importance of ensuring a plural media environment. Freedom of expression and its corollaries of freedom of the media and media pluralism are considered cornerstones of the rule of law and preconditions for a sound political debate. As stated in the Recommendation (2018) 1 of the Council of Europe on media pluralism and transparency of media ownership, they “ensure the availability and accessibility of diverse information and views, on the basis of which individuals can form and express their opinions and exchange information and ideas”.4 While undoubtedly acknowledged as a policy objective and widely agreed amongst academics and policymakers that media pluralism is a democratic value essential for the integrity of the democratic discourse and procedures, the definition of media pluralism itself is debated and has never been firmly established. This is understandable since it reflects the complexity
{"title":"EU and media policy: conceptualising media pluralism in the era of online platforms. The experience of the Media Pluralism Monitor","authors":"E. Brogi, Roberta Carlini, Iva Nenadić, P. Parcu, M. V. D. A. Cunha","doi":"10.4337/9781786439338.00007","DOIUrl":"https://doi.org/10.4337/9781786439338.00007","url":null,"abstract":"Starting the Handbook with an analysis of media pluralism clarifies our conclusion that this is the most fundamental target for any principled and relevant European media law and policy. However, media pluralism is, at the same time, one of the keys and one of the most complex concepts of contemporary media policies. At the level of European Union law and policy, media pluralism is recognised as one of the core values on which the European Union is founded.1 It is seen as an indispensable condition for exercising citizenship and fostering participation in a democratic society by enabling media to fulfil their role in providing complete, balanced, and accurate information, and holding power to account.2 For this reason, media pluralism is also one of the components examined under the renewed and deepened EU rule of law monitoring mechanism, as a sort of indicator of the health of a given democracy.3 In effect, all EU contemporary democracies acknowledge the importance of ensuring a plural media environment. Freedom of expression and its corollaries of freedom of the media and media pluralism are considered cornerstones of the rule of law and preconditions for a sound political debate. As stated in the Recommendation (2018) 1 of the Council of Europe on media pluralism and transparency of media ownership, they “ensure the availability and accessibility of diverse information and views, on the basis of which individuals can form and express their opinions and exchange information and ideas”.4 While undoubtedly acknowledged as a policy objective and widely agreed amongst academics and policymakers that media pluralism is a democratic value essential for the integrity of the democratic discourse and procedures, the definition of media pluralism itself is debated and has never been firmly established. This is understandable since it reflects the complexity","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127973697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00028
B. Klimkiewicz
{"title":"Community and minority media: the third sector in European policies and Media Pluralism Monitor","authors":"B. Klimkiewicz","doi":"10.4337/9781786439338.00028","DOIUrl":"https://doi.org/10.4337/9781786439338.00028","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121213668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00024
E. Apa, G. Gangemi
{"title":"The promotion of European works by audiovisual media service providers","authors":"E. Apa, G. Gangemi","doi":"10.4337/9781786439338.00024","DOIUrl":"https://doi.org/10.4337/9781786439338.00024","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130271901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00011
Federica Casarosa
{"title":"The impact of judicial interactions among European and national courts and regulators on EU media law","authors":"Federica Casarosa","doi":"10.4337/9781786439338.00011","DOIUrl":"https://doi.org/10.4337/9781786439338.00011","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128430902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-21DOI: 10.4337/9781786439338.00005
P. Parcu, E. Brogi
Defining EU media law, and the broader concept of EU media policy, is more challenging today than in the past, and inevitably includes dealing with the construction and interpretation of the regulation of digital services, also in a de iure condendo perspective. It must be stressed, that the field of digital services regulation not only affects an increasingly decisive economic sector, but goes beyond mere market issues, investing the social and political significance of media and “non-media” platforms.1 In fact, the media ecosystem has faced an obvious metamorphosis and a deep disruption over the last three decades. The extraordinary evolution of audiovisual and communication services has probably precipitated the conditions for wider EU intervention and jurisdiction in a field where national member states, taken in isolation, risk being overwhelmed.2 This is a primary reason why the Handbook will have to explore and compare several pieces of European legislation having an impact on the “media” sector, defined in a broad sense for its capacity to influence the public opinion at large. Among those different legal fields reaching toward the media, we can immediately list: competition rules, rules on electronic communications, rules on e-Commerce, data protection regulation, copyright, to mention only the most important. All this essentially indirect influence exercised by many EU legal fields
{"title":"Introduction to Research Handbook on EU Media Law and Policy: understanding the EU approach to media law and policy. The scope of the Handbook and a presentation of the contributions","authors":"P. Parcu, E. Brogi","doi":"10.4337/9781786439338.00005","DOIUrl":"https://doi.org/10.4337/9781786439338.00005","url":null,"abstract":"Defining EU media law, and the broader concept of EU media policy, is more challenging today than in the past, and inevitably includes dealing with the construction and interpretation of the regulation of digital services, also in a de iure condendo perspective. It must be stressed, that the field of digital services regulation not only affects an increasingly decisive economic sector, but goes beyond mere market issues, investing the social and political significance of media and “non-media” platforms.1 In fact, the media ecosystem has faced an obvious metamorphosis and a deep disruption over the last three decades. The extraordinary evolution of audiovisual and communication services has probably precipitated the conditions for wider EU intervention and jurisdiction in a field where national member states, taken in isolation, risk being overwhelmed.2 This is a primary reason why the Handbook will have to explore and compare several pieces of European legislation having an impact on the “media” sector, defined in a broad sense for its capacity to influence the public opinion at large. Among those different legal fields reaching toward the media, we can immediately list: competition rules, rules on electronic communications, rules on e-Commerce, data protection regulation, copyright, to mention only the most important. All this essentially indirect influence exercised by many EU legal fields","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134466424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781786439338.00013
A. D. Streel, Christian Hocepied
This book chapter, written for the Research Handbook on EU media law and policy, summarises the EU regulation of telecommunications networks and services. It explains the main parts of the new regulatory framework established the European Electronic Communications Code, which is applicable since December 2020: the scope of application, objectives and principles; the institutional framework; the rules on market entry (in particular the rules on spectrum); the obligations aimed to stimulate competition (in particular access obligation); the rules on universal service and must-carry; and the end-users rights (in particular net neutrality). For each part, the chapter also summarises the case-law of the Court of Justice of the EU.
{"title":"The EU regulation of electronic communications networks and services","authors":"A. D. Streel, Christian Hocepied","doi":"10.4337/9781786439338.00013","DOIUrl":"https://doi.org/10.4337/9781786439338.00013","url":null,"abstract":"This book chapter, written for the Research Handbook on EU media law and policy, summarises the EU regulation of telecommunications networks and services. It explains the main parts of the new regulatory framework established the European Electronic Communications Code, which is applicable since December 2020: the scope of application, objectives and principles; the institutional framework; the rules on market entry (in particular the rules on spectrum); the obligations aimed to stimulate competition (in particular access obligation); the rules on universal service and must-carry; and the end-users rights (in particular net neutrality). For each part, the chapter also summarises the case-law of the Court of Justice of the EU.","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124517823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781786439338.00021
Sally Broughton Micova
{"title":"The Audiovisual Media Services Directive","authors":"Sally Broughton Micova","doi":"10.4337/9781786439338.00021","DOIUrl":"https://doi.org/10.4337/9781786439338.00021","url":null,"abstract":"","PeriodicalId":415548,"journal":{"name":"Research Handbook on EU Media Law and Policy","volume":"68 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113987459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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