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The Autonomous Legal Concept of Communication to the Public

The Autonomous Legal Concept of Communication to the Public
Author: Branka Marušić
Publisher: Edward Elgar Publishing
Total Pages: 257
Release: 2023-05-09
Genre: Law
ISBN: 1035302233

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The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.


Autonomous Public Bodies and the Law

Autonomous Public Bodies and the Law
Author: Stéphanie De SomeR
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2017-05-26
Genre: Law
ISBN: 1785364685

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This insightful book discusses the impact of EU law on the creation and empowerment of autonomous public bodies (APBs) at Member State level and analyzes recent attempts of European states to rationalize delegation to APBs. It examines the tensions between these trends: under what conditions can APBs be considered legitimate forms of government in the light of modern conceptions of constitutionalism, the rule of law and democracy - values that are deeply rooted in European constitutions? And to what extent do EU obligations on the independence of national regulators, data protection authorities and the like conflict with those conceptions?


European and International Media Law

European and International Media Law
Author: Perry Keller
Publisher: Oxford University Press
Total Pages: 536
Release: 2011-05-12
Genre: Law
ISBN: 0191622036

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Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.


Research Handbook on EU Media Law and Policy

Research Handbook on EU Media Law and Policy
Author: Parcu, Pier L.
Publisher: Edward Elgar Publishing
Total Pages: 480
Release: 2021-09-21
Genre: Law
ISBN: 1786439336

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This cutting-edge Research Handbook presents a comprehensive overview of the European Union’s influence on the regulation of the media sector in the digital age. It explores and compares several areas of European legislation that have an impact on the media sector, defined in a broad sense for its capacity to influence the public opinion at large.


Language and Culture in EU Law

Language and Culture in EU Law
Author: Susan Šarčević
Publisher: Routledge
Total Pages: 271
Release: 2016-03-09
Genre: Political Science
ISBN: 1317108019

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Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.


The Handbook of Communication Rights, Law, and Ethics

The Handbook of Communication Rights, Law, and Ethics
Author: Loreto Corredoira
Publisher: John Wiley & Sons
Total Pages: 336
Release: 2021-04-08
Genre: Law
ISBN: 1119719518

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Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.


Harmonising EU Competition Litigation

Harmonising EU Competition Litigation
Author: Maria Bergström
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2016-01-14
Genre: Law
ISBN: 1509902740

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This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.


Media Regulation, Public Interest and the Law

Media Regulation, Public Interest and the Law
Author: Mike Feintuck
Publisher: Edinburgh University Press
Total Pages: 320
Release: 2006-07-10
Genre: Law
ISBN: 0748627154

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Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES


Public Service Broadcasting 3.0

Public Service Broadcasting 3.0
Author: Mira Burri
Publisher: Routledge
Total Pages: 351
Release: 2015-06-05
Genre: Law
ISBN: 1317664779

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The digital media environment is characterized by an abundance and diversity of content, a multiplicity of platforms, new modes of content production, distribution and access, and changed patterns of consumer and business behaviour. This has challenged the traditional model of public service broadcasting (PSB) in diverse ways. This book explores whether and how PSB should adapt to reflect the conditions of the digital media space so that it can effectively and efficiently continue to serve its public mandate. Drawing on literature on media governance in media and communication science, public international law as well as discussions on cyberlaw, Mira Burri maps and critically analyses existing policy and scholarly debates on PSB transformation. She challenges some of conventional rationales for reform, identifies new ones, as well as exposes the limitations placed upon existing and future policy solutions by global media governance arrangements, especially in the fields of trade, copyright and Internet governance. The book goes on to advance a future-oriented model of Public Service Media, which is capable of matching an environment of technological and of governance complexity. As a work that explores how public interest objectives can be pursued efficiently and sustainably in the digital media ecology, this book will be of great interest and use to students and researchers in media law, information technology law, and broadcast media studies, as well as to policy-makers.