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Borderlines in Private Law

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Broadcasting Law and Fundamental Rights


ISBN13: 9780198262213
ISBN: 0198262213
Published: August 1997
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This volume examines the appropriateness of judicial intervention in broadcasting. Starting from a historical perspective it examines the changes which have occurred in the perceptions of the role of broadcasting within society, and the structure of the industry itself. Using concrete cases from Italy, France and Britain it explores challenges made through the courts to the monopoly position of broadcasters and considers the implications for freedom of expression and the future of the industry.

Subjects:
Media and Entertainment Law
Contents:
PART A - THE EARLY DEVELOPMENT OF BROADCASTING REGULATION: FIFTY YEARS IN THE POLITICAL DOMAIN.
1: The Search for a Structure: Uncertain Origins and the Rejection of the Press Model.
2: The Paradigm Established: State Control and Monopoly.
3: The Paradigm Challenged: Regulatory Options for an Expanding Market.

PART B - A NEW ACTOR ON THE SCENE? THE PARAMETERS OF JUDICIAL REGULATION CONSIDERED.
4: The Structural Framework for Judicial Intervention in the Audio-visual Domain.
5: The Constitutional Tools of the Trade.

PART C - THE JUDICIAL ROLE ESTABLISHED? A COMPARATIVE STUDY OF COURTS AND THE BROADCAST MEDIA.
6: The Legal Debate Begins: Public Monopoly and Private Ownership.
7: Pluralism and Freedom of Expression: Constitutional Imperatives for a New Broadcasting Order.
8: Theory into Practice: Judicial Guidelines for the Audio-visual Sector.
9: Conclusion: An Appraisal of Judicial Intervention in the Audio-visual Sector