European and International Media Law Liberal Democracy, Trade, and the New Media

by Keller, Perry

• ISBN13: 9780198268550
• ISBN10: 0198268556
• Format: Hardcover
• Copyright: 2011-07-02
• Publisher: Oxford University Press

Summary

Liberal Democracy and the New Media discusses the relationship between the media and the liberal democratic state, which is changing rapidly under the pressures of a global communications revolution. Despite many differences in media law and policy, liberal democracies have drawn on a shared tradition of freedom of expression in the struggle to maintain comparatively open and distinctively liberal societies. The western democracies, moreover, have made freedom of expression and freedom of trade in media content key elements in their efforts to create a politically and economically liberal international public order. They have, as a result, made the legitimate relationship between the media and the state a central issue in world politics and law. The digitization of information and entertainment content and the rise of the internet has produced an explosion of easily accessible, new media services and sources, both domestic and foreign. This revolution has challenged long held assumptions about the media's vulnerability to the coercive powers of the state. The internet, in particular, has severely tested the effectiveness and even the purpose of established media laws and regulation. This book takes a broad perspective to look at this unprecedented loosening of the once intimate relationship between the media and the liberal democratic state. The book contrasts the treatment of media concerns under Europe's relatively comprehensive and self consciously liberal regional order with the more compromised patchwork of international law and policy. It captures the extraordinary impact of the liberal media model on European and international law as well as exploring its profound weaknesses through a series of key contemporary media issues.

Author Biography

Perry Keller is a senior lecturer at King's College London, where he is a specialist in media law. He first studied law in Canada at Osgoode Hall Law School and later in the United States at Harvard Law School. He has also worked and studied in Taiwan, Hong Kong, and Mainland China. While his primary research and teaching interests concern British and European media law, he also has a strong interest in legal developments in China, particularly in relation to the media.

Table of Contents

List of Abbreviations	p. ix
Table of Cases	p. xi
Table of Treaties	p. xx
Table of Legislation	p. xxiv
Table of Declarations, Resolutions, and Other Non-Binding Instruments	p. xxviii
Introduction	p. 1
Media Law and Liberal Democracy
The New Media and the New State	p. 9
Technologies of liberty and equality	p. 17
Technologies of harm and inequality	p. 21
Technologies of surveillance and control	p. 27
The Media and the Liberal Democratic State	p. 37
Liberalism and expression	p. 38
Harm and robust tolerance	p. 40
Universality and value pluralism	p. 41
Autonomy and sensitive tolerance	p. 43
Positive and negative liberty	p. 47
Freedom of expression and consequential reasoning	p. 49
Liberalism, democracy, locality, and the media	p. 54
Constitutionalism	p. 55
The First Amendment model	p. 57
Proportionality analysis	p. 60
Constitutional rights	p. 62
Legal and regulatory convergence in the internet era	p. 64
From broadcast to internet regulation	p. 67
Platform neutrality	p. 69
Market and state in media policy	p. 72
Liberal Democracy and the Media in European and International Law	p. 75
A common treaty architecture	p. 79
The legitimate purposes and limits of the state	p. 81
The economic law and human rights law divide	p. 83
Multilateral renewal after the Cold War	p. 84
Multilateral obligations in the broadcast era	p. 90
Deregulation in the internet era	p. 93
The structure of European and international media law	p. 96
Objections to constitutionalism	p. 101
From treaties to networks	p. 104
The pluralist perspective	p. 109
The Media in European and International Legal Regimes
The Media in the European Single Market	p. 115
The liberty to publish and free movement	p. 116
Free movement of services and the Television Without Frontiers Directive	p. 119
The communications revolution and the new Directives	p. 122
Protecting the interests of state and society in EU law	p. 128
General exceptions to free movement	p. 135
Audiovisual Media Services Directive and content standards	p. 139
Content standards for on-demand and information society services	p. 142
Intervention in media markets and restrictions on the liberty to publish	p. 144
Exporting European media law	p. 147
International Trade in Media Goods and Services	p. 149
Trade in goods and the liberty to publish	p. 155
Trade in services and the liberty to publish	p. 158
The media in the Doha Round	p. 164
The media and general exceptions	p. 176
The Media in European and International Human Rights Law	p. 185
The media in European human rights law	p. 185
ECHR Article 10 and the media state relationship	p. 191
The margin of appreciation	p. 201
Balancing rights and interests	p. 203
International human rights law and the media	p. 205
Resisting liberal democracy	p. 212
The liberal democratic project-purposes and achievements	p. 218
Jurisdiction and the Media	p. 224
Territory, sovereignty, and jurisdiction	p. 225
Radio broadcasting and the territorial state	p. 228
Liberal democracy perspectives on broadcasting jurisdiction	p. 231
Broadcasting jurisdiction and the Audiovisual Media Services Directive	p. 235
International jurisdiction in the internet era	p. 238
Jurisdiction and transatlantic differences	p. 240
The Hague judgments project	p. 248
Territory, jurisdiction, and the internet	p. 251
Restricting the Liberty to Publish
Criticism of the State and Incitement to Violence	p. 261
Criticism and incitement in the European Union	p. 265
Criticism and incitement in the Council of Europe	p. 271
Criticism and incitement in international trade law	p. 279
Criticism and incitement in international human rights law	p. 282
Access to State Information	p. 286
Access to state information in the European Union	p. 289
Access to state information in the Council of Europe	p. 295
Access to state information in international law	p. 302
Information Privacy and Reputation	p. 307
Information privacy and reputation in the European Union	p. 313
Information privacy and reputation in the Council of Europe	p. 317
Information privacy and reputation in international law	p. 327
Protection of Personal Data	p. 331
Data protection in the European Union	p. 334
Data protection in the Council of Europe	p. 345
Data protection in international law	p. 348
Pornography and Violence	p. 356
Pornographic, violent, and offensive content in the European Union	p. 361
Council of Europe: offence, harm, and human rights	p. 368
Pornography and violence in international law	p. 376
Incitement to Hatred	p. 383
Incitement to hatred in the European Union	p. 386
Council of Europe, human rights, and incitement to hatred	p. 390
Hate speech in international law	p. 395
Intervention in Media Markets
Democracy, Pluralism, and the Media	p. 405
Media pluralism in European public order	p. 412
Sttuctural solutions for the protection of media pluralism	p. 416
Structural pluralism beyond competition law	p. 419
State monopolies and broadcast licensing	p. 423
Impartiality and elections	p. 428
Public service media	p. 431
Media pluralism and intellectual property rights	p. 434
Must carry, universal service, and network neutrality	p. 436
Cultural Policy and the Entertainment Media	p. 449
Cultural protection in the European media sector	p. 455
Content quotas in European media law	p. 457
Subsidies, state aid, and public service media	p. 464
Trade and culture in the Uruguay Round	p. 471
Trade and culture in the Doha Round	p. 474
Trade and culture outside the WTO	p. 477
Index	p. 487
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