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Week of July 4, 2016

Ranting politician unfairly obliged to apologize, court
propaganda irony

Adding to a series of court cases involving Polish publisher Agora and a prominent politician lasting a decade the European Court of Human Rights (ECHR) fined the Polish government, apparently, for national courts requiring the politician to apologize. The ECHR decision (6 to 1), published July 5th, argued that Article 10 (Freedom of Expression) of the European Convention on Human Rights is “not an absolute.”

The long story begins with a rant by Law and Justice (PiS) member of the lower house of parliament (Sejm) Jacek Kurski on public television channel TVP 1 in 2006 about an advertising supplement in daily newspaper Gazeta Wyborcza paid and provided by oil trader J&S Oil. Mr. Kurski complained that the newspaper’s editorial content critical of PiS was paid directly by the oil company, “financing mass propaganda against Law and Justice” Gazeta Wyborcza publisher Agora sued Mr. Kurski for “damages to its reputation” and won. Mr. Kurski was ordered to apologize in a public forum and pay a fine. An appeals court affirmed the first court’s decision and Poland's Supreme Court refused to hear further appeals. (See more about media in Poland here)

The next judicial stop for Mr. Kurski, by then a PiS member of the European Parliament, was the ECHR, arguing the Polish courts had violated his freedom of expression. The ECHR ignored most of the complaint but held that requiring an apology violated his rights. Mr. Kurski is currently president of TVP and has presided over its regress into party-controlled State broadcasting.

Media house consolidates radio and ad sales
“trying to do more”

Italian media house Mediaset has consolidated radio broadcasting assets into a new company, RadioMediaset. Last September Mediaset acquired a substantial majority (72%) of Gruppo Finelco, owner of Radio Montecarlo, Radio 105 and the Italian Virgin Radio franchise. Separately, Mediaset acquired R101 in a Berlusconi family-friendly ledger swap with publisher Arnoldo Mondadori Editore. Italian competition authorities approved, generally, in April.

“Mediaset is ready to be more and more,” said VP/General Director Pier Silvio Berlusconi, quoted by TGCOM24 (July 5). “Cross promotion is easy but we’re trying to do more.” The plan, he said, is an aggregated radio market share of 30%. Named to head RadioMediaset is Paolo Salvaderi, who ran Monradio and the radio division of sales-house Mediamond, which becomes the ad sales representative. (See more about media in Italy here)

Mediaset has a relationship with French media house Vivendi, the former selling its pay-TV business to the later in May. Vivendi then took a small (3.5%) stake in Mediaset. “We are looking around at free television in France, Germany or the UK,” said Pier Silvio Berlusconi, quoted by Il Sole 24 Ore (July 5), adding that the possible Brexit would be a problem for UK expansion.

Unrelated, family scion Silvio Berlusconi, mending from heart surgery, indicated he is selling football club AC Milan to Chinese investors, believed led by search engine Baidu founder Robin Li.

Pimp my TV show
“not enough”

The BBC’s motor-head show Top Gear finished its latest six-episode series with a ratings groan. The new cast and revised format left many UK motor-heads pining for the good old days and watching something else. Main host Chris Evans announced his departure hours after the last episode aired (July 4): “Gave it my best shot but sometimes that’s not enough.” He’ll keep that highly rated show on Radio 2.

Top Gear series 23, starting May, had formidable competition, from long holiday weekends to Euro 2016 football and, then, the Brexit soap-opera. Happenstance can alter the best plans. There’s counseling available for this. Filming for the next series sequence will begin after the summer holidays, cast uncertain. (See more about the BBC here)

Despite all efforts by producers, television shows have a finite product life-cycle. So do show categories - genres, in TV-speak. Even media platforms conform to the hard reality of eventual obsolescence. Top Gear’s BARB ratings peaked 12 years ago.

Motor-head TV shows might be headed for the dustbin of decline. Top Gear USA, similar format with American cast, was canceled by US cable channel History Channel after six seasons. ITV’s Drive, a bit more in the reality game show vain, was dropped in May after but five episodes. Alas, Top Gear Korea is a massive hit.

Publisher goes to radio for sports, hates Facebook
“network effect”

In a world full of recent surprises, UK and Irish radio got their last week. Publisher News UK, a subsidiary of News Corporation, announced an agreement to acquire Wireless Group, owner of UK national commercial channel TalkSport, UK digital channels TalkSport 2 and Virgin Radio,, Dublin stations Q102 and FM104, two stations in Cork (98FM), one in Limerick (Live95), one in Belfast (U105) and one in Louth/Meath (Northern Ireland) (LMFM) plus UK free weekly Sport Magazine. Wireless Group is also a partner in UK DAB multiplex D2. The all-cash offer of GBP220 million (€266 million, exchange rates recently in flux) is subject to requisite regulatory approvals in the UK and Ireland.

It’s all about the sports. “We plan to leverage Wireless’ portfolio of radio and digital audio sports rights, including the Premier League, in the UK, Ireland and beyond, through News Corp ‘s digital platforms,” said News Corporation CEO Robert Thomson in a statement. “We believe the businesses together can be far more than the sum of their parts.” TalkSport holds radio and digital audio rights to UK Premiere League football and News UK has digital highlights rights.

Belfast, Northern Ireland-based Wireless Group was created in February when UTV Media sold Ulster TV and UTV Ireland to UK television broadcaster ITV. For 2015 the company reported profit of GBP13 million, off 10% year on year, on GBP75 million sales. UTV Ireland is again subject of takeover speculation, reported hearld.ie (July 4), with Liberty Global’s Virgin Media Ireland looking at “strategic business opportunities.”

Radio broadcasting is not new to News Corporation. Before the transfer of to UTV Media, News Corporation held a 25% stake in TalkSport. In the Russian Federation the company owned Nashe Radio, Best FM and Ultra in a joint venture with the late Boris Berezovsky until 2010. At about the same time News Corporation exited Dutch broadcaster Radio Veronica. (See more about News Corporation here)

Taking advantage of the press announcement, Mr. Thomson also offered a few uncomplimentary words about the recent Facebook News Feed algorithm changes. (See details of that story here) "For media companies that have become dependent on a social network – and sometimes anti-social when it comes to other media providers – it highlights the imperative of having a powerful network and having powerful relationships,” reported CampaignLive (July 1). He added that media companies need a “network effect” counter Facebook

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