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Review Essays of Academic, Professional & Technical Books in the Humanities & Sciences
Media Law
European Media Law by Oliver Castendyk, Egbert Dommering, and Alexander Scheuer (Kluwer Law International) The commentary interprets the law whenever possible article by article, section by section, and concept by concept, with reference to relevant case law and legal literature as issues arise. Illustrating their reasoning throughout with practical examples, the authors also take account of anticipated developments and future reforms that are likely to have an impact on the existing legislation. All texts are structured in paragraphs that are consecutively numbered to enable easy cross-referencing.
Because national audiovisual media law must be interpreted in the light of primary and secondary European law, the commentary is vital for the interpretation not only of European media law but of national media regulation as well.
In its analysis not only of the legal texts themselves, but also of the interrelation between the different laws and regulations, this book will be welcomed by legal practitioners, the media industry, lobbying groups, lawmakers, regulatory authorities, and broadcasters, as well as media service providers and academics.
The project of which this book is the result was supported by the Institute of European Media Law, the Erich Pommer Institut for Media Law and Media Economics, and the Institute for Information Law of the Law Faculty of the University of Amsterdam.
This book is a collection of and commentary on important European legislation on the media in the field of broadcasting and other audiovisual media services. It covers Primary European Union law relevant for that sector (Articles 4355, 81, 82, including the Merger Regulation, 86, 87, 151 EC) and the major directives as part of Secondary European Union legislation (the Television without Frontiers Directive, the Audiovisual Media Services Directive, the e-Commerce Directive, the Directive on Comparative and Misleading Advertising, the Directive on Unfair Commercial Practices, the Framework, the Access, the Authorization and the Universal Services Directives, and the Satellite and Cable Directive). As the fundamental yardstick for any kind of media regulation, we included a section on Article 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms.
The book is organized as a commentary. The idea of a commentary on statutory law is not common in all EU Member States and beyond; thus it shall be explained: a commentary seeks to analyse a statute — article by article, section by section and concept by concept. It combines the interpretation of the legal texts, relevant court decisions and legal literature, illustrated by practical examples.
A commentary on European Media Law can be useful for several reasons: (1) It can assist the national legislator with observing Primary European law and with transposing the Directives into national law, for example the AVMSD, which has to be implemented by the end of 2009; (2) The national law has to be interpreted in the light of Primary and Secondary European law; (3) It can help to understand European law in its complexity by not only analysing the legal texts, but also taking account of the interrelation between the different laws and regulations.
This book shall be a comprehensive collection of comments on the most relevant European law regarding the media in the fields of broadcasting and other audiovisual media services. It covers Primary European Community law relevant for that sector (Articles 43-55, 81, 82, 86, 87, 151 EC), the major directives as part of Secondary European Community law (the Television without Frontiers Directive, the Audiovisual Media Services Directive, the e-Commerce Directive, the Directive on Comparative and Misleading Advertising, the Directive on Unfair Commercial Practices, the Access Directive, the Framework Directive, the Authorization Directive, the Universal Service Directive and the CabSat Directive); Article 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms and (partly) the European Convention on Transfrontier Television of the Council of Europe.
The book is organized as a commentary providing theoretical analysis of the legal texts by means of reference to relevant court decisions and relevant legal literature, illustrated by practical examples. As the audiovisual media sector is rapidly changing the book takes account of, and provides comment on, anticipated developments and future reforms that are likely to have an impact on the existing legislation.
The book is divided into three titles; the first contains this user's guide, the list of abbreviations and the list of short titles for repeatedly cited documents.
The second and main title includes the actual commentary and starts with the General Introduction. In this title, the commentary has three parts: part I deals with Primary European law, i.e. Human Rights, Freedom to Provide Services, Competition law, Culture; part II contains the comments on TWFD and AVMSD, the core regulatory framework for the media in Europe; and part III provides analysis on other Secondary European legislation relevant for the media.
In this title, the individual comments are largely structured in the following way: They start with a general chapter (A) on purpose, background and definitions relevant for the article or the directive(s) commented on and include comments on the compatibility with Primary European law and the interrelationship with other laws and regulations. The second chapter (B) of the comments contains the detailed legal analysis of the respective text.
Some comments (e.g. on competition law, the freedom to provide services, Article 151 EC and on the other directives relevant for the media) are first and foremost intended to provide a general introduction to the subject area. Nevertheless, such outlines are accompanied by detailed comments on media specific issues.
As many articles of the AVMSD assemble or are amended versions of articles of the TWFD the reader will be largely referred to the relevant comments on the TWFD articles: no specific comment is made, if the new AVMSD article is an exact copy of its predecessor in the TWFD and where there is no specific background history. In contrast, if a TWFD article has been amended the changes are clarified and commented on; moreover, any new articles and parts thereof are covered in detail.
The third title of the book entails the appendices, which include a list of most relevant case-law (references to judgements of the European Court of Justice (ECJ) and the Court of First Instance (CFI), the decisions by the European Commision, the EFTA Court and the European Court of Human Rights (ECtHR)); the texts of the TWFD, as amended, and of the AVMSD; the list of participating institutes, editors and authors; and the index.
This book will provide resource for legal practitioners, the media industry, lobbying groups, lawmakers, regulatory authorities, broadcasters as well as media service providers, universities (academic research and education) and all other interested readers.
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