IRIS Special - Media ownership - Market realities and regulatory responses

Most countries have put in place tools and mechanisms to allow for the collection of the necessary information on media ownership. Other sources of information are made available by regulatory bodies throughout Europe, and administrative case-law, which is also related to competition issues, completes the picture.

More details

Pages : 120
Place : Strasbourg
Date of publication : January 2017
Editor : European Audiovisual Observatory

7,00 €

Add to wishlist

The electronic file of the IRIS Special publication is free on line. We propose you the print copy for a cost price.

______________________________________________________________________________________________________

One of the pillars of freedom of expression in the audiovisual sector is media pluralism. This concept covers, on the one hand, the availability of a variety of choice in the programming of the different media players. On the other hand, it concerns the effective presence of a multitude of operators so as to avoid an excessive concentration of the market.

Media pluralism, as such, has been widely explored by legislation and case-law both at the national and European levels. A related issue is the need for ensuring transparency of the financing of the various media providers, and an adequate knowledge of their ownership structure and control or influence.

For these purposes most countries have put in place tools and mechanisms to allow for the collection of the necessary information, which also allows the European Audiovisual Observatory (EAO) to compile a certain proportion of this data. Other sources of information are made available by regulatory bodies throughout Europe, and administrative case-law, which is also related to competition issues, completes the picture.

This IRIS Special provides an overview of the current market realities and a selection of regulatory responses that have been put in place across Europe since the Observatory’s report on “Converged markets – converged power? Regulation and case law” of 2012. It has been prepared by the Institute of European Media Law (EMR) in Saarbrücken and collects contributions from various authors.

IRIS Special focuses on a selection of European countries, which have been chosen with the intention of providing a set of different approaches:

Germany, United Kingdom, Italy, France, Spain, and Poland.


Content list

                                                                                                          

1. Introduction: media ownership in European markets

1.1. Introduction

1.2. Examining media ownership, data, and transparency

1.3. National media systems and concentration

1.4. Pan-European broadcast media groups

1.4.1. Multi-country broadcasting groups

1.4.2. Pan-European brand broadcasting groups

1.5. Pan-European distribution companies

1.6. Pan-European groups and content

1.7. Concluding remarks and potential further research

 

2. Guaranteeing media diversity at European level

2.1. Introduction

2.2. Legal framework

2.2.1. The context of human rights

2.2.2. Media-specific regulation

2.3. Measures to prevent media concentration at European Union level

2.3.1. Protection of media diversity and pluralism through European competition law

2.3.2. Convergent audiovisual media markets in the EU

2.3.2.1. Traditional definition of relevant media markets in EU competition law

2.3.2.1.1. Pay-TV market (viewer market)

2.3.2.1.2. Free TV market (TV advertising)

2.3.2.1.3. Broadcasting rights markets

2.3.2.1.4. Internet content and advertising markets

2.3.2.2. Definition of convergent audiovisual media markets in EU competition law

2.3.3. Relationship between EU competition law and member state concentration control

2.3.4. Overview of important recent European Commission cases

2.3.4.1. Google/DoubleClick

2.3.4.2. ProSiebenSat.1/RTL interactive/JV

2.3.5. Political initiatives

2.4. Measures to prevent media concentration at Council of Europe level

2.5. The impact of media-related relevant markets

2.5.1. Media agencies

2.5.2. Google, Facebook et al

2.6. Conclusion

 

3. Instruments to measure media and publicise concentration – the example of the Media Pluralism Monitor

3.1. Introduction

3.2. Why measure concentration of media ownership? The rationales underpinning the ‘Market Plurality Domain’

3.2.1. The position of “old gatekeepers” in the current media landscape

3.2.2. The influence of “digital intermediaries” over media content consumption

3.2.3. Outlook

3.3. How to measure the concentration of media ownership: The methodology underpinning the ‘Market Plurality Domain’

3.3.1. The indicator on horizontal concentration

3.3.2. The indicator on cross-media concentration

3.4. Results of the 2015 Implementation of the Media Pluralism Monitor

3.5. Taking stock of lessons learnt: The 2016 Implementation of the Media Pluralism Monitor

 

4. Media concentration in Germany

4.1. Constitutional basis for the protection of diversity of opinion

4.2. Media markets

4.2.1. Traditional market definitions

4.2.2. Convergence

4.3. Legislative provisions to prevent media concentration

4.3.1. Sector-specific media regulation

4.3.2. Competition law

4.3.3. Relationship between cartel law and media concentration law

4.3.4. Regulatory and competition authorities

4.4. KEK decision in the Springer/ProSiebenSat.1 case

4.4.1. Subject-matter of the decision

4.4.2. Judicial review

4.4.3. Consequences of the decisio

4.5. Proposed reforms

4.6. Other media-relevant factors

4.6.1. Intermediaries

4.6.2. Media agencies

4.7. Shareholding restrictions in the media sector

 

5. Media concentration in the United Kingdom

5.1. Constitutional Background

5.2. Convergent Audiovisual Media Markets

5.3. Prevention of media concentration by law

5.3.1. Recent Ofcom investigations

5.3.2. Mergers and acquisitions

5.3.3. Approach to concurrent powers

5.3.4. Regulatory/monitoring bodies

5.4. Key Decisions

5.4.1. Project Kangaroo/Project Canvas

5.4.2. BSkyB/ITV

5.4.3. NewsCorp/BSkyB

5.4.4. BT/EE

5.5. Current Discussion

5.6. Specific Restrictions on Ownership

5.7. Other Considerations

 

6. Media concentration in Italy

6.1. Constitutional background

6.2. Convergent audiovisual/media markets

6.2.1. Traditional market definition

6.2.2. Convergent media market definition

6.3. Prevention of media concentration by law

6.3.1. Laws applicable: sector-specific media regulation

6.3.1.1. The so-called “technical” anti-concentration limits

6.3.1.2. The “economic” anti-concentration limits

6.3.1.3. Rules governing the press sector and cross-ownership (diagonal) anti-concentration limits

6.3.2. Applicable laws: competition law

6.3.3. Interaction between specific media regulation and competition law

6.3.4. Regulatory/monitoring bodies and competition authorities

6.3.5. Key rulings

6.4. The importance of media related factors and markets

6.5. Specific Ownership Restrictions/Barriers to Ownership

6.6. Current discussion

7. Media concentration in France

7.1. Summary

7.2. Constitutional context

7.3. Delimitation of agreements and effects of convergence

7.4. Supervision and prevention of concentration in the audiovisual sector

7.4.1. Rules specific to the audiovisual sector

7.4.2. Rules on competition

7.4.3. Connection between specific regulations and competition law

 

8. Spain

8.1. Constitutional background

8.2. Convergent audiovisual / media markets

8.2.1. Traditional market definition

8.2.2. Convergent media market definition

8.3. Prevention of media concentration by law

8.3.1. Laws applicable: sector-specific media regulation

8.3.2. Laws applicable: competition law

8.3.3. Interaction between specific media regulation and competition law

8.3.4. Regulatory / monitoring bodies and competition authorities

8.4. Key decision(s)

8.5. Current discussion

8.6. Specific Ownership Restrictions / barriers to Ownership

8.7. References

9. Media concentration in Poland

9.1. Constitutional background

9.2. Convergent audiovisual/media markets

9.2.1. Traditional market definition

9.2.2. Convergent media market definition

9.3. Prevention of media concentration by law

9.3.1. Laws applicable: sector-specific media regulation

9.3.2. Applicable laws: competition law

9.3.3. Interaction between specific media regulation and competition law

9.3.4. Regulatory/monitoring bodies and competition authorities

9.4. Current discussion

 

10. Conclusions

10.1. The importance of guaranteeing media pluralism

10.2. The importance of European provisions for the protection of media diversity

10.3. Summary of the main findings in the states examined

10.4. Challenges created by convergence

Online Services

IRIS e-Newsletter

Legal Observations of the European Audiovisual Observatory

> Database IRIS Merlin 

Database on legal information relevant to the audiovisual sector in Europe

> AVMSDatabase

Database on the transposition of the AVMS Directive into national legislation

Database LUMIERE

Database on admissions to films released in Europe

> Database MAVISE

Database on TV and on-demand audiovisual services and companies in Europe