Media Rules Ever Changing, Out of Focus

Michael Hedges November 2, 2010 - Follow on Twitter

Digital media’s rise has profoundly affected radio, television and newspapers. There have been so many new things to learn. Politicians seem slower than most. But they’re getting the idea.

Almost a year ago new television rules for European Union (EU) Member States came into force. After two years of arduous negotiation the Audiovisual Media Services (AVMS) Directive updated the pre-digital Television Without Frontiers Directive. All 27 EU Member States agreed to update national laws on everything from video on demand and product placement to digital TV. The deadline was December 2009.

Perhaps it was assumed at the European Commission DG Info Society and Media that national legislatures would promptly scurry about adding the new language (like, insert digital TV here) and deleting the obsolete. Twelve EU Member States had not completed the process by June and the lawyers at DG Infos sent “reasoned opinions” - nasty infringement letters. Last week (October 28), infringement proceedings against Austria were dropped, compliance completed. The remaining eleven face an expensive trip to the European Court of Justice.

As it happened, compliance with AVMS at the national level opened Pandora’s Box. Legislatures decided to put their special marks on media rules, often quite broadly. During the same period, national elections brought political changes and new media rules became an agenda item. Rules on public broadcasters, regulators, digital everything, languages and – sometimes – copyright were debated.

Late in 2008 Austria’s government changed. The Social Democratic Party (SPÖ) and the Austrian People's Party (ÖVP) formed a coalition government. After considerable debate the Austrian Federal Constitution, the KommAustria (regulator) Law, the Telecommunications Act, the Collecting Societies Act, the ORF (public broadcaster) Law, the Private Television Act, the Private Radio Act and the Exclusive Rights Act were all suitably amended and read into the public record (July 19, 2010). The AVMS Directive intends to create “a level playing field for audiovisual media services across frontiers,” says DG Infos. Changing all the related laws in Austria – printed copies being mandatory - leveled entire forests.

So now it’s up to legislatures in Cyprus, Estonia, Greece, Finland, Hungary, Lithuania, Luxemburg, Latvia, Poland, Portugal and Slovenia to get with the program.

Poland’s Parliament (Sejm) passed a new media law in July 2009 (Law on Public Activity within the Sphere of Media Services) that included many of the proscribed AVMS amendments. Legislators added a few favorites, however, and the Polish President Lech Kaczynski cast a veto. On April 10 this year President Kaczynski was tragically killed in an airplane crash. After a suitable period of mourning and election of new President Bronislaw Komorowski, legislators returned to their desks to hammer out amendments to the media law bringing media regulator KRRiT and the public broadcaster under closer political control. President Komorowski signed the amendments into law in August.

An election in Hungary brought Viktor Orban and the Fidesz party to power. They, too, had plans for the media laws starting with merging the telecoms and media regulators into a single agency directly controlled by Fidesz. So onerous were the changes that the Organization for Security and Cooperation Europe (OSCE) media representative Dunja Mijatovic wrote to Hungarian Foreign Minister Janos Martonyi. “The proposed laws are highly worrisome regarding media freedom,” she said. “Their adoption could lead to all broadcasting being subordinated to political decisions.” Obviously, that was the point.

Hungary’s ruling politicians were aghast. Fidesz MEP Ildikó Gáll-Pelcz wrote to the European Commission in late June asking it to ban negative news reports – “mendacious articles hiding behind a mask of democracy” - about the new media rules, particularly after a scathing article in the Financial Times was published. MEP Pelcz admitted in the letter that provisions of the new media rules “might infringe upon the interests of certain individuals or business sectors.” A year ago (November 2009) Hungary’s media regulator ORTT denied the license renewals of two national radio channels – both foreign owned – in favor of two companies with close ties to political parties.

The EC would not involve itself in a debate over Hungary controversial media law. “The European Commission is fully dedicated to protecting basic freedoms,” said EC Digital Agenda Vice President Neelie Kroes. “However, the EU execution body currently sees no reason to intervene.” Hungary’s new media rules said nothing about mobile TV or other matters of great importance to Commissioner Kroes. In early October a Fidesz motion in the Hungarian parliament ordered assets of Hungarian public radio and television and news agency MTI transferred to the State.

See also in ftm Knowledge

Media Laws – New and Revised

Policy makers and politicians are writing and rewiting media laws and rules at a breakneck pace. As broadcasters and publishers grapple with changes brought about by digital development, new business models and financial distress, the new media is feeling rules tightening around it. From licensing and public broadcasting to privacy, piracy and copyright this ftm Knowledge file Media Laws – New and Revised summarizes new laws and revised laws from a media perspective. 135 pages PDF (December 2010)

Order here

Media Business Models Emerging

After a rough transition media business models are emerging. Challenges remain. There are Web models, mobile models, free models, pay models and a few newer models. It makes for exciting times. This ftm Knowledge file examines emerging business models and the speed-of-light changes. 123 pages PDF (May 2010)

Order here

The BBC

Few pure media brands transcend borders and boundries to acheive the iconic status of the BBC. The institution has come to define public service broadcasting. Yet missteps, errors and judgment questions fuel critics. The BBC battles those critics and competitors and, sometimes, itself. 72 pages PDF (February 2009)

Order here