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Mass media: broadcasting
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Mass media: broadcasting
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For very detailed information on media law in the European Union, see the Italy-based 
Media Law Site (seems to have disappeared; please e-mail
me if you find it). For a comprehensive list of links to relevant law and
codes of practice in both the UK and continental Europe, see the
Media Know-How site -
take the link to 'Legal Sources'
Before the deployment of direct broadcasting by satellite, regulation of broadcasting was a matter for individual governments. Since then, EU directives applying to all the member states have been developed. However, since the European 'Union' still remains, by and large, a 'European Economic Community', rather than any kind of real political union, central policy-making still tends to be rather loose with much scope for individual governments to implement their own local variation or to circumvent the rules almost completely. The EC has since its establishment by the Treaty of Rome been committed to capitalism, a commitment which has deepened over recent years in the rush to deregulation , which supposedly offers the opportunity to develop corporations better able to compete on a global scale. This commitment necessarily conflicts with the 'public service' tradition of broadcasting which prevailed in most European countries. Amongst other things, the public service concept has as goals the ideals of a multiplicity of voices which represent the views and interests of a broad cross-section of society, diversity in programming, balanced and (more or less) impartial representation of a range of views. One means of achieving that goal is to have either state-owned media or independent media which are subject to state regulation and are required to achieve the programming mix laid down in that legislation. Another means of achieving it might in principle be to allow media organizations free rein to programme as they wish on the assumption that market forces alone will be sufficient to ensure media pluralism. However, since capitalist enterprises are driven by the profit motive, it is questionable whether the free market will result in the desired plurality of voices or, rather, develop such programming as will maximize their profits, for example relatively cheap game shows, soaps and chat shows, edutainment and infotainment. Further, since capitalist corporations will always attempt to eliminate competition, there has been a spate of 'mergermania' in the media industries as their reach has become global. There has been a tendency on the part of the EC to view the media as just another industry, rather than as a special case, as is the assumption within public service systems, or, for example, has been argued by the Royal Commission on the Press. Further, there has been a temptation for the EC to wish to foster the development of 'Eurochampions' able to compete on a global scale. In any case, even if the EC did effectively prevent mergers in the media industry, that would not in itself guarantee media pluralism as such, since there is little practical difference for the consumers between a hundred companies all producing similar material and a single company producing such material.
The following examples of media concentration are taken from Kaitatzi-Whitlock (1996):
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United International Pictures (UIP), a distribution group operating globally was exempted from Article 85 of the Treaty of Rome (which seeks to limit mergers and promote competition) 'despite the fact that this group most certainly holds a dominant position in EC aduio-visual stock programming distribution' |
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Kirch, CLT (Compagnie Luxembourgeoise de Télédiffusion), Fininvest, Telepiu, Banque International de Luxembourg, Comapgnie Internationale de Télécommunication seem to be emerging as a 'Eurocartel' of major media players. |
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Rupert Murdoch (BSkyB) and Rousselet (Canal+) were granted monopoly control of the Simulcrypt pay-per-view encoding system |
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Group Bruxelles Lambert (the largest shareholder of CLT) entered into a merger with Bertlesmann, the world's largest publisher, in April 1996 |
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W H Smith was acquired by a Franco-American group in 1991 |
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BSkyB established a partnership with the Leo Kirch Gruppe, one of Germany's largest media conglomerates, launching 17 channels in Germany |
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CLT, one of Europe's largest media companies owns interest in 10 TV networks and 13 radio stations in 8 different countries and has now merged with Ufa, Bertlesmann's TV and film subsidiary. |
The EU directive on programming allows material to be broadcast by satellite to all member states providing the material is acceptable to just one member state.
This has recently led to disagreement regarding the broadcasting of the 'Red Hot Dutch' hard-core porn channel. This material was uploaded from Denmark (despite the channel's name), where its dissemination is acceptable, and broadcast by satellite to all member states. The German government has for some time been pressing for EU-wide legislation to stop the channel's broadcasts. The British government has preferred to make it illegal to sell or market the appropriate decoders in Britain. In this respect the British government's attitude is consistent with the British tradition of state regulation. It also is consistent with the attitude of many so-called Euro-rebels who wish to preserve Britain's 'sovereignty' from EU interference. It is, however, strangely at odds with the Conservative doctrine that the 'market knows best'. It may in fact prove to be illegal under EU legislation as a barrier to free trade between countries.
At present (November 1995), the following 'erotica' channels are available: Playboy TV, The Adult Channel, TVX: The Fantasy Channel and TV Erotica/XXXTV. Of these, the first two contain fairly 'soft' porn and the third may contain shots of genuine sexual activity, but 'British versions keep the camera well away from the pelvic thrusting area'. (The Guardian, November 26)
In November 1995, the National Heritage Secretary, Virginia Bottomley, acting on advice from the ITC, banned the hard core porn channel XXXTV, broadcast from Sweden. Under this ban, it becomes an offence from December 5 1995 for anyone to sell the decoder produced by XXXTV's American owners or advertise on or for the channel. The legal grounds for the ban are that the channel is marketed directly at Britain. It seems likely that a similar ban will also be introduced against the French Rendez-Vous channel. Industry commentators seem to believe that the ban will achieve little as pirate decoder cards, costing as little as £35, will continue to be marketed. At the time of writing (November 1995), it seems likely that XXXTV will appeal to the European Court, with a good chance of success.
This attitude seems to be peculiarly British. The French Canal+, for example shows hard core every Tuesday, on a channel which otherwise carries a fairly conventional mix.
The Maastricht Treaty gives the EU powers to bring the Union's 'common cultural heritage to the fore'. This reflects a concern with cultural imperialism on a Europe-wide basis, which the concern with 'foreign porn' demonstrates on a national basis. In the smaller nations of Europe in particular this concern over the protection of national cultural values, especially from the dominance of US products is frequently voiced. In pursuit of that aim, the following directives have been introduced:
requires EU broadcasters to devote the majority of airtime to programmes originated within the EU. Coupled with subsidies for European producers, this directive is intended to provide some protection from the European TV and film industries from potential domination by the USA. The French were particularly aggressive in lobbying for this directive as they have a major 'art-house' film industry to protect. They are frequently very critical of the British for not sticking to the directive. Shortly before finalization of the Directive, Margaret Thatcher, following a phone call from Prsident Reagan, succeeded in having the words 'wherever practicable' inserted into the Directive. As a result of that wrekcing phrase, in 1997 81% of European TV imports originated in the USA and the EU audio-visual trade deficit with the USA was $7 billion. Attempts have been made in the European Parliament to have Thatcher's phrase removed, but they have so far been unsuccessful because the rules require an absolute majority for the amendment. According to Carole Tongue MEP (Member of the European Parliament),
the lobby against this directive was the most concerted, organised and powerful I have ever seen as a European MP. the Motion Picture Association of America, representing America's biggest export industry (bigger than the defence industry) and the most powerful lobby organisation in the world, joined forces with an array of commercial broadcasters and telecomms operators in Europe. Against this, EU workers and creators lost more than £300 million in jobs and creation in the audio-visual industry.
Red Pepper April 1998
is intended to harmonise national laws on copyright. Ownership of copyright is extended from 50 to 70 years.
allows EU funding to assist in the development of high-definition TV (HDTV), in competition with the Japanese and Americans who each have their own version of HDTV.
For up-to-date information on the press and broadcasting in France, check out Geoff Hare's page of links at the University of Newcastle
Types of broadcasting system
De Fleur's model of the taste-differentiated audience
Public Service broadcasting
Broadcasting in the EU
Broadcasting in France
Broadcasting in Germany
Broadcasting in Holland
Broadcasting in Italy
Broadcasting in the UK
Regulation of the media in the UK
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