Trends in the Development of Broadcasting Law in Western Europe

Abstract

Technological, economic and political changes in the media system also lead to changes in media law. The changes in press law, however, have been rather insignificant: freedom of the press as a right against state influence goes hand in hand with a minimum of government regulations. In the broadcasting sector, however, there has been a long tradition of regulation. Whereas it was initially used to ensure state influence over broadcasting, the state's regulatory responsibility began increasingly to serve freedom of communication and independence of broadcasting even against the wishes of social power holders. However, the recent interpretation of Article 10 of the ECHR and the harmonization of broadcasting law by the EC's Television Directive have led to a reduction of the state's regulatory responsibility. It is becoming increasingly difficult to ensure a public service orientation in broadcasting. Even at the national level, attempts to regulate commercial broadcasting are meeting with opposition; and on occasion, inherently contradictory regulations are enacted. It is by no means clear whether the regulations will be sufficient to ward off threats to the freedom of communication.