New Media and Sport

by Lefever, Katrien

• ISBN13: 9789067048729
• ISBN10: 9067048720
• Format: Hardcover
• Copyright: 2012-10-04
• Publisher: T.M.C. Asser Instituut

Summary

During the past decade, the media landscape and the coverage of sports events have changed fundamentally. Sports fans can consume the sports content of their choice, on the platform they prefer and at the time they want. Furthermore, thanks to electronic devices and Internet, content can now be created and distributed by every sports fan. As a result, it is argued that media regulation which traditionally contains rules safeguarding access to information and diversity would become redundant. Moreover, it is sometimes proposed to leave the regulation of the broadcasting market solely to competition law.This book, illustrates that media law is still needed, even in an era of abundance, to guarantee public's access to live and full sports coverage.Dealing with the impact of new media on both media and competition law this book will greatly appeal to academics and stakeholders from various disciplines, such as legal and public policy, political science, media and communications studies, journalism and European studies. Additionally it contains valuable information and points of view for policy makers, lawyers and international and intergovernmental organisations, active in media development. The book contains an up-to-date analysis and overview of the different competition authorities' decisions and media provisions dealing with the sale, acquisition and exploitation of sports broadcasting rights.Katrien Lefever is Senior Legal Researcher at IBBT - The Interdisciplinary Centre for Law and ICT (ICRI), KU Leuven, Belgium.The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Author Biography

Katrien Lefever is working as a legal councel at the Vlaamse Media Maatschappij (VMMa). She prepared this book while working as a legal researcher at IBBT-The Interdisciplinary Centre for Law and ICT (ICRI), KU Leuven, Belgium. The book appears in the ASSER International Sports Law Series, under the editorship of Prof.Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Table of Contents

Introduction	p. 1
References	p. 4
Setting: Notions, Issues and Legal Background
Sports/Media Complex in the New Media Landscape	p. 7
Introduction	p. 7
Sports/Media Complex in the Analogue Media Landscape	p. 8
Sports Clubs and Sports Organisations	p. 8
Media Companies	p. 9
Sponsors	p. 11
Public: Fans	p. 12
Sports/Media Complex in the Analogue Media Landscape: Summary	p. 12
Sports/Media Complex in the Digital Media Landscape	p. 13
The Media Landscape in the Twenty-First Century: From an Analogue to a Digital Media Landscape	p. 14
Sports/Media Complex in the Digital Media Landscape	p. 18
Sports/Media Complex in the Digital Media Landscape: Summary	p. 23
References	p. 25
Specificity of Sport: The Important Role of Sport in Society	p. 31
Introduction	p. 31
Economic Dimension of Sport	p. 31
Societal Dimension of Sport	p. 34
Specificity of Sport: Introduction	p. 35
Specificity of Sport Before the Lisbon Treaty	p. 41
Specificity of Sport After the Lisbon Treaty	p. 43
References	p. 48
Article 10 of the European Convention on Human Rights and the Public's Right to Information Regarding Sports Events	p. 55
Introduction	p. 55
Article 10, § 1 of the ECHR: Freedom of Expression and the Right to Information Without Interference by Public Authority	p. 56
What is Protected Under Article 10, § 1 of the ECHR	p. 56
No Interference by Public Authority Allowed	p. 62
Article 10, § 2 of the ECHR: Restrictions Regarding the Freedom of Expression and the Right to Information	p. 66
Prescribed by Law	p. 66
Legitimate Aim	p. 67
Necessary in a Democratic Society	p. 69
References	p. 72
The Public in Its Role as Citizen and Consumer	p. 77
Introduction	p. 77
The Viewer as Consumer	p. 77
The Viewer as Citizen	p. 78
The Viewer: Summary	p. 80
References	p. 81
Changing Sports/Media Complex and Its Impact on the Regulatory Process of the Broadcasting Sector	p. 83
Introduction	p. 83
From Scarcity to Abundance	p. 84
From One-to-Many to Many-to-Many Communication	p. 86
References	p. 92
Conclusion Part I	p. 97
References	p. 100
Competition Law
Competition Law: General Introduction	p. 105
Competition Law: Relevant Provisions	p. 105
Relevant Markets for Selling, Buying and Exploiting Sports Broadcasting Rights	p. 105
Antitrust Rules	p. 108
Merger Regulation	p. 112
State Aid Rules	p. 116
Competition Law and Non-Economic Considerations	p. 118
Introduction	p. 118
Objectives of Competition Law	p. 119
Competition Law and Cross-Sectional Provisions	p. 120
Competition Law and Particularities of Sectors	p. 123
References	p. 128
Joint Selling Remedies Package	p. 135
Introduction	p. 135
Article 101 (1) of the TFEU and Joint Selling Agreements	p. 137
Exclusive Contracts	p. 137
Individual Circumstances of Exclusive Contracts	p. 138
Article 101 (3) of the TFEU and the Joint Selling Agreements	p. 139
Joint Selling Agreements: Exemption Under Article 101 (3) of the TFEU	p. 139
Development of New Media and the Public's Access to Sports Content	p. 145
References	p. 158
Sublicensing Obligation	p. 165
Introduction	p. 165
Sublicensing Obligation and Joint Buying Agreements	p. 167
Introduction	p. 167
Article 101 (1) of the TFEU and Joint Buying Agreement	p. 167
Article 101 (3) of the TFEU and Joint Buying Agreement	p. 168
Sublicensing Obligation and Public Service Broadcasters' Funding	p. 172
Introduction	p. 172
Unused Rights and The Flemish Public Service Broadcaster (VRT)	p. 174
Unused Rights and the German Public Service Broadcasters	p. 175
References	p. 177
Must-Offer Obligation	p. 181
Introduction	p. 181
Development of New Media and the Public's Access to Sports Content	p. 183
Introduction	p. 183
Must-Offer Obligation and Competition in the Changed Media Landscape	p. 184
Must-Offer Obligation and the Public's Access to Sports Content	p. 186
Must-Offer Obligation: Wholesale Versus Retail Obligations	p. 190
Wholesale Must-Offer Obligation	p. 190
Retail Must-Offer Obligation	p. 191
References	p. 194
Conclusion Part II	p. 199
References	p. 204
Media Law
Content Regulation: General Introduction	p. 211
Introduction	p. 211
Scope of the Audiovisual Media Services Directive	p. 212
Two-Tiered Regulation	p. 214
Right to Information and the Audiovisual Media Services Directive	p. 215
Introduction	p. 215
Short News Reporting	p. 215
References	p. 220
'List of Major Events' Mechanism	p. 225
Introduction to the 'List of Major Events' Mechanism	p. 225
Origin and Philosophy	p. 225
Events of Major Importance for Society	p. 229
(Whole or Partial) Live or (Whole or Partial) Deferred	p. 236
The 'List of Major Events' Mechanism and its Problematic Notions in a Digital Media Landscape	p. 240
Free Television	p. 241
Substantial Proportion	p. 253
The 'List of Major Events' Mechanism and its Implementation Problems	p. 264
Introduction	p. 264
A Voluntary Mechanism for Member States	p. 265
A Voluntary Mechanism for Broadcasters	p. 268
References	p. 291
Conclusion Part III	p. 307
References	p. 311
Conclusion	p. 313
References	p. 318
Index	p. 319
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