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Article

For most of the 20th century, telecommunications was a matter of national governance and thus of peripheral interest to the European Union. Then from the mid- to late-1980s, the EU began to develop an intensified policy package for the telecommunications sector. Telecommunications has now grown to become one of the most prominent and extensive policy areas addressed by the EU. But what accounts for such a remarkable Europeanization of telecommunications governance? In polar contrast to its origins, telecommunications has become a key focus in neoliberal economics and policy in effecting sectoral change. This development went hand in hand with arguments around propounding the benefits of economic globalization, which sustained a move to internationalize the organization of telecommunications to the European level along neoliberal lines. However, notwithstanding the remarkable growth of the EU governance framework for telecommunications, there are nuances in the analysis of the constant resistance to the wholesale Europeanization of telecommunications policy that provide evidence of a residual tension between national- and EU-level interests. This tension has been evident in policy proposals, decision-making, and implementation at key junctures for more since the late 1980s The policy has played key roles at different times, in particular, on the national level, involving governmental, regulatory, and commercial actors. Telecommunications thus provides a classic illustration of the balance that needs to be struck in the development of communications policies in the EU between supranational and intergovernmental interests. Now part of a converging electronic communications sector, this feature of telecommunications governance is as prominent today as it was in the very early days of EU telecommunications policy development in the mid- to late-1980s.

Article

Mart Ots and Robert G. Picard

Due to its function as a watchdog or fourth estate in democratic societies and a variety of commercial challenges, policy-makers have undertaken initiatives to support the production and distribution of news. Press subsidies are one such policy initiative that particularly aims to provide support to private news producers. Paid as direct cash handouts or indirect reduced taxes and fees, they exist in some form in almost every country in the world. Subsidies are not uncontroversial, their effectiveness is unclear, and their magnitude, designs, and areas of application, differ across nations and their unique economic, cultural, and political contexts. After periods of declining political and public interest in media subsidies, the recent economic crisis of journalism, and the rising influence of various forms of click-bait, fake, native, or biased news on social media platforms, has brought state support of original journalism back on the agenda.

Article

Bill D. Herman

The volume of information on the Internet is incomprehensible and growing exponentially. With such a vast ocean of information available, search engines have become an indispensible tool for virtually all users. Yet much of what is available online is potentially objectionable, controversial, or harmful. This leaves search engines in a potentially precarious position, simultaneously wanting to maximize the usefulness of results for end users while also minimizing political, regulatory, civil, and even criminal difficulties in the jurisdictions where they operate. Conversely, the substantial logistical and legal obstacles to regulating Internet content also leave policymakers in an unenviable position, and content that the public or policymakers may well want regulated—even that which is patently illegal—can remain virtually impossible to stamp out. The policies that may affect online search are incredibly varied, including contract law, laws that affect expression and media producers more generally, copyright, fraud, privacy, and antitrust. For the most part, the law that applies was developed in and will still apply to offline contexts as well. Internet search is still an area filled with its own vexing policy questions. In many cases, these are questions of secondary liability—addressing whether the search provider is liable for search results that link to websites that are beyond their control. In other areas, though, the behavior of search providers will endure specific scrutiny. While many of these questions could be or actually are asked in countries around the world, this article focuses primarily on the legal regimes in the United States and the European Union.

Article

Sara Bannerman

Copyright is a bundle of rights granted to the creators of literary, artistic, and scientific works such as books, music, films, or computer programs. Copyright, as one of the most controversial areas of communication law and policy, has always been the subject of political contention; however, debates surrounding the subject have reached new levels of controversy since the 1990s as a result of the new formats of creative works made possible by digital media, and as a result of the new practices of authorship, creativity, consumption, collaboration, and sharing that have arisen in light of networking and social media. Technological change has not been the only driving force of change; social and political change, including changing concepts of authorship, the recognition of the rights of women and indigenous peoples, and the changing structures of international relations and international civil society, have also been reflected in copyright law. Copyright policymaking has become an increasingly internationalized affair. Forum-shifting has contributed to the proliferation of regional and international copyright policymaking forums under the rubric of stand-alone intellectual property institutions such as the World Intellectual Property Organization (WIPO), as well as under institutions dedicated more broadly to international trade negotiations. Communication scholars and others have contributed extensively to the field of copyright and intellectual property law. Communication scholars have made significant contributions in examining the cultural significance, political economy, history, and rhetoric of copyright, drawing on diverse fields that include cultural studies and critical political economy. Communications scholars’ influence in the field of copyright scholarship has been significant.

Article

Philip M. Napoli and Sarah Stonbely

The role of government policy in journalism can vary substantially across nations; as in 21st century the primary policy issues surrounding journalism have evolved as technological changes have dramatically configured—and in some cases threatened—the position of traditional journalistic institutions and given rise to new journalistic forms and organizations. In nations such as the United States, where the commercial model of journalism production has long predominated, we have seen a pronounced expansion in recent years beyond a policy focus on how to maintain sufficient competition and diversity among the organizations that produce journalism (i.e., ownership regulation) to also include consideration of possible policy approaches to preserving and protecting traditional journalism organizations in the face of a much more challenging economic environment. Thus, policymakers have considered options such as legislation allowing commercial newspapers to convert to nonprofit status, as well as engaging in more rigorous governmental assessment of the functioning of local journalism ecosystems and the ways in which news consumers’ critical information needs are being met. In this latter case, the question of what, if any, policy responses may emerge from such investigations has remained unclear and a source of significant controversy. In nations with a stronger tradition of non-commercial, publicly supported journalism (the focus here is primarily on western Europe), key 21st-century policy issues have included media freedom and pluralism, with particular emphases and mechanisms for protecting journalists and for ensuring ownership transparency and diversity. There have also been comprehensive reassessments of the structure and functioning of public service media in order to ensure that these institutions are effectively evolving in response to the changing media environment in ways that maximize their ability to serve media users’ information needs. Issues of journalism ethics and performance have found their way into the policy agenda as well. This has most notably been the case in the United Kingdom, where revelations of illegal mobile phone hacking by British tabloid journalists led to a formal government inquiry (the Leveson Inquiry) and recommendations for the creation of a new, independent governance structure with significant sanctioning and dispute arbitration authority. An important concern that is only now beginning to emerge (particularly in Europe), one that may ultimately take form as a dominant journalism policy issue, involves the question of the increasingly influential role that digital intermediaries (social media platforms, search engines, mobile applications) play in the process via which journalism reaches news consumers. Here, the emerging concern is whether some more formal and authoritative governance structures are necessary to ensure that these intermediaries have positive rather than negative effects on the flow of news and information within communities.

Article

European communications policy is defined as European level coordination of national policies by institutions such as the European Union (EU), Council of Europe (CoE), European Broadcasting Union (EBU) and European Audiovisual Observatory (EAO). The focus in this article is on European Union initiatives that are, in general, directly binding on Member States. They comprise of policies governing cross-border broadcasting (television and radio), telecommunications relating to media, content distribution (networks and subsidies), public service definitions, advertising and quotas. The focus is on current policies, with historical accounts of how they came into being. It draws on primary source material and provides secondary reading suggestions under the section Further Reading. A distinction is made between hard law, which is directly binding, and soft policy coordination, which takes place between the European Union institutions and national regulatory authorities (NRAs). The policy areas under discussion are: cross-border broadcasting (television and radio), telecommunications relating to media, distribution (networks and subsidies), public service definitions, advertising and quotas. European Union initiatives are comprised of four main components: legislation (Directives, Regulations, and Decisions), soft governance (self-regulation and other forms of European level coordination), competition law and distributive policies (the MEDIA programme and Creative Europe). Directives, regulations, decisions and competition case rulings are directly binding on member states. Soft policy coordination takes place between the European institutions and national regulatory authorities (NRAs). It is used primarily to coordinate standard-setting between NRAs and establish common EU positions on international platforms. It has also been instrumental in setting benchmarking exercises and the exchange of best practice in areas where there is no EU legal basis for legislation such as media transparency, freedom, pluralism and independence.

Article

Health and risk policymaking focuses on decisions made and actions undertaken to set standards and pass laws to promote healthcare and public health quality, while achieving global health security. Policymakers in governments and institutions deliberate for the purposes of achieving effective and efficient policies, revealing both acceptance and rejection of evidence from health and risk, prevention, and economic sciences, as well as gaps in these domains. Health and risk communicators function implicitly within the boundaries of these decisions and actions, while contributing to prevention science related to strategic messaging and information dissemination. Policymakers face barriers to their efforts residing in the sheer volume of health and risk sciences research; the lack of evidence demonstrating that policies lead to intended outcomes (often, because a policy has not been trialed/implemented); and the absence of economic analyses associated with costs of interventions proposed and undertaken. The precautionary principle (PP) based on adopting caution when evidence is absent, uncertain, or ambiguous regarding possible harm to humans or the environment may function as a guide in some situations. Advocates may draw attention to particular issues in other cases. Policies may be stalled owing to the policy context, including election cycles, legislative and institutional bureaucracies, competing agendas, and fragmented systems of healthcare. Health and risk communicators may collaborate with policymakers and work to translate evidence into useful formats to facilitate the application of evidence to policymaking decisions and actions.

Article

Tamara Shepherd

Privacy rights are controversial in communication processes and entail varying levels of disclosure of sensitive personal information. What constitutes such personal information and how it should be accessed and used by various actors in a particular communicative exchange tends to be dependent on the situation at hand. And yet, many would argue that a baseline level of privacy should be expected by individuals as part of maintaining human integrity and personal control over information disclosure. Different frameworks exist for thinking about privacy as a right, and these frameworks further suggest different mechanisms for the control of information and the protection of privacy rights in changing communication environments. For example, the main shift in communication processes from the pre-Internet era to a networked world has brought with it renewed debates over the regulation of privacy rights. How would privacy rights be evoked in the face of rapidly changing technologies for networked surveillance, biometric identification, and geolocation? And moreover, how would these rights be applied differently to distinct populations based on class, nationality, race, gender, and age? These questions form the core of what is at stake in conceptions of privacy rights in contemporary communication.

Article

Questions of media trust and credibility are widely discussed; numerous studies over the past 30 years show a decline in trust in media as well as institutions and experts. The subject has been discussed—and researched—since the period between World Wars I and II and is often returned to as new forms of technology and news consumption are developed. However, trust levels, and what people trust, differ in different countries. Part of the reason that trust in the media has received such extensive attention is the widespread view shared by communications scholars and media development practitioners that a well-functioning media is essential to democracy. But the solutions discussion is further complicated because the academic research on media trust—before and since the advent of online media—is fragmented, contradictory, and inconclusive. Further, it is not clear to what extent digital technology –and the loss of traditional signals of credibility—has confused audiences and damaged trust in media and to what extent trust in media is related to worries about globalization, job losses, and economic inequality. Nor is it clear whether trust in one journalist or outlet can be generalized. This makes it difficult to know how to rebuild trust in the media, and although there are many efforts to do so, it is not clear which will work—or whether any will.

Article

Chris Paterson

The role of foreign correspondent has long been prominent in journalism but is undergoing considerable change. While many in this role are considered elite, and have a very high profile, others practice their reporting in anonymous and sometimes precarious conditions. Prominent types of foreign correspondent are the capital correspondent, bureau chief, and conflict correspondent. Conflict correspondents can, in turn, be categorized into three main types depending on how they perceive their role: the propagandist; the recorder of history; and the moralist. The role of foreign correspondent has been the subject of a great deal of research, including analyses of news content focused on the nature of bias and story selection and framing in international reporting, and observational and interview-based studies of practitioners of the role. Research has sought to shift the focus from elite correspondents for international media organizations to the myriad local media professionals who play an increasing role in shaping international news stories; to the move toward social media as a newsgathering and news-dissemination tool; to the safety of journalists—as their work becomes increasingly imperiled around the world; and to the vital but largely hidden role of news agencies in shaping international news.

Article

There is no immediate or absolute relationship between the media and democracy in the sense that, without media, there could be no democracy. Similarly, it does not follow that with the (modern) media comes democracy. Autocracies exist wherein the media supports a political system, and likewise, democracies exist wherein the media works to undermine a political system. However, most often the media and democracy are viewed as supporting each other. This connection is the product of a long historical development, one peculiar to European (and North American) societies, involving not only institutions and practices directly linked to the media-based and democratic processes, but numerous other institutions (such as education, the political system, religion, etc.) as well. The media are not the only institutions that promote (or do not promote) democratic legitimacy. Other major institutions of such influence include education, religion, public authority, cultural institutions, and political systems, among others. From a wider societal viewpoint, the role of the media is rather reduced in influence. If, for example, an education system is based on ethnic or other forms of segregation, or if there is widespread religious intolerance, or if public authority suffers from corruption, it is obvious that the media has only so many resources to encourage systemic legitimacy. The fundamental interrelatedness of different social institutions makes it difficult, or even impossible, to study the media as a phenomenon isolated from the rest of society. For this reason, we should be careful when making comparisons between the media in different countries, even the media outlets within liberal democracies. In addition, there is no consensus as to the right balance of media and other social institutions in a democracy. Throughout the history of democracy, the relations between institutions (the political system, economy, media, and civil society) have undergone renegotiations and adjustments during times of crisis. Over the past few decades, this relationship appears to have reached a new crisis, one that continues to this day and still lacks a clear solution. In many countries, civil society–based media reform movements have been established with clear goals to further democratize media systems. One of the key arguments of these movements has centered on the contradiction between the constitutional obligations of democratic countries and the reality that, in practice, these rights do not apply equally to all. There remain major differences today between different social groups in terms of open access to and the unrestricted availability of information, the ability to utilize information according to one’s needs, having a voice represented by decision-makers, and respect for privacy and personal integrity.

Article

Digital technologies are frequently said to have converged. This claim may be made with respect to the technologies themselves or to restructuring of the media industry over time. Innovations that are associated with digitalization (representing analogue signals by binary digits) often emerge in ways that cross the boundaries of earlier industries. When this occurs, technologies may be configured in new ways and the knowledge that supports the development of services and applications becomes complex. In the media industries, the convergence phenomenon has been very rapid, and empirical evidence suggests that the (de)convergence of technologies and industries also needs to be taken into account to understand change in this area. There is a very large literature that seeks to explain why convergence and (de)convergence phenomena occur. Some of this literature looks for economic and market-based explanations on the supply side of the industry, whereas other approaches explore the cultural, social, and political demand side factors that are important in shaping innovation in the digital media sector and the often unexpected pathways that it takes. Developments in digital media are crucially important because they are becoming a cornerstone of contemporary information societies. The benefits of digital media are often heralded in terms of improved productivity, opportunities to construct multiple identities through social media, new connections between close and distant others, and a new foundation for democracy and political mobilization. The risks associated with these technologies are equally of concern in part because the spread of digital media gives rise to major challenges. Policymakers are tasked with governing these technologies and issues of privacy protection, surveillance, and commercial security as well as ensuring that the skills base is appropriate to the digital media ecology need to be addressed. The complexity of the converged landscape makes it difficult to provide straightforward answers to policy problems. Policy responses also need to be compatible with the cultural, social, political, and economic environments in different countries and regions of the world. This means that these developments must be examined from a variety of disciplinary perspectives and need to be understood in their historical context so as take both continuities and discontinuities in the media industry landscape into account.

Article

The focus of intergroup communication research in the Baltic countries is on interethnic relations. All three countries have Russian-speaking urban minorities whose process of integration with Estonian, Latvian, and Lithuanian majorities has been extensively studied. During the Soviet era when the Russian-speaking communities in the Baltic countries were formed, they enjoyed majority status and privileges. After the collapse of the Soviet Union, there was a status reversal as Russian speakers become minorities in the newly emerged national states. The integration of once monolingual Russian-speaking communities has been the major social challenge for the Baltic states, particularly for Estonia and Latvia where they constitute about 30% of the population. Besides the Russian-speaking minorities, each of the Baltic countries has also one other significant minority. In Estonia it is Võro, a linguistically closely related group to Estonians; in Latvia it is Latgalians, closely related to Latvians; and in Lithuania, it is the Polish minority. Unlike the Russian-speaking urban minorities of fairly recent origin, the other minorities are largely rural and native in their territories. The intergroup communication between the majorities and Russian-speaking minorities in the Baltic countries has often analyzed by a triadic nexus consisting of the minority, the nationalizing state, and the external homeland (Russia). In recent analyses, the European Union (through its institutions) has often been added as an additional player. The intergroup communication between the majorities and the Russian-speaking communities is strongly affected by conflicting collective memories over 20th-century history. While the titular nations see the Soviet time as occupation, the Russian speakers prefer to see the positive role of the Soviet Union in defeating Hitler and reconstructing the countries’ economy. These differences have resulted in some symbolic violence such as relocation of the Bronze Soldier monument in Estonia and the riots that it provoked. Recent annexation of Crimea by the Russian Federation and the role of the Ukrainian Russian speakers in the secessionist war in the Eastern Ukraine have raised fears that Russia is trying to use its influence over its compatriots in the Baltic countries for similar ends. At the same time, the native minorities of Võro and Latgalians are going through emancipation and have demanded more recognition. This movement is seen by some among the Estonian and Latvian majorities as attempts to weaken the national communities that are already in trouble with integrating the Russian speakers. In Lithuania, some historical disagreements exist also between the Lithuanians and Polish, since the area of their settlement around capital Vilnius used to be part of Poland before World War II. The Baltic setting is particularly interesting for intergroup communication purposes, since the three countries have several historical parallels: the Russian-speaking communities have fairly similar origin, but different size and prominence, as do the titular groups. These differences in the power balance between the majority and minority have been one of the major factors that have motivated different rhetoric by the nationalizing states, which has resulted in noticeably different outcomes in each setting.

Article

Intermediary liability is at the center of the debate over free expression, free speech, and an open Internet. The underlying policies form network regulation that governs the extent that websites, search engines, and Internet service providers that host user content are legally responsible for what their users post or upload. Levels of intermediary liability are commonly categorized as providing broad immunity, limited liability, or strict liability. In the United States, intermediaries are given broad immunity through Section 230 of the Communication Decency Act. In practice, this means that search engines cannot be held liable for the speech of individuals appearing in search results, or a news site is not responsible for what people are typing in its comment section. Immunity is important to the existence of free expression because it ensures that intermediaries do not have incentives to censor content out of fear of the law. The millions of users continuously generating content through Facebook and YouTube, for instance, would not be able to do so if those intermediaries were fearful of legal consequences due to the actions of any given user. Privacy policy online is most evidently showcased by the European Union’s Right to be Forgotten policy, which forces search engines to delist an individual’s information that is deemed harmful to reputation. Hateful and harmful speech is also regulated online through intermediary liability, although social media services often decide when and how to remove this type of content based on company policy.