Media Regulation: Why, How and To What End?
Media Regulation: Why, How and To What End?
Media Regulation: Why, How and To What End?
10th International RAIS Conference on Social Sciences and Humanities (RAIS 2018)
ABSTRACT: In a democracy the significance of the media as a primary information source cannot be over
accentuated, but it cannot be denied on the fact that democracy requires citizens to be informed for an effective
administration and governance within the ambit of egalitarianism. Undoubtedly, commercial and technology
progress are continuously changing our perception, still both print and digital media play a vital role in opinion
building. The administration and regulatory mechanisms are sort of adopted at various levels to improve the
role of media, however the focal thrust of this paper is based on how the regulatory mechanisms are not
adequate therefore again and again being refined and reformed. In essence, it is argued in this article that the
rationales for regulation (why regulate?) and the objectives of regulation (with what end in mind?) have been
insufficiently addressed. Hence, the sophisticated regulatory mechanisms are failed to sustain the clear goals of
the mass media across the globe. With this in mind, it is both inevitable and proper that the focus of this study
of media regulation is confined to a pre-eminently comparative analysis of media regulations across the world.
KEYWORDS: Cross-media holdings, media regulation, privacy, public interest
Introduction
Media plays an important role in our lives as we experience the outer world more by print and digital
media than directly. The increasing demand of broadcast media suppressed the ‘quality’ and ‘popular’
print media to an extent and stood out as a prime medium across the globe. The recent trend of LIVE
news and reality TV have really changed the scenario of media communication for the viewers. With
this in mind, it is both inevitable and proper that the focus of a study of media regulation should be
pre-eminently on television, though, as will become apparent, even television exists in an increasingly
multimedia and cross media environment.
Television enjoyed a meteoric rise to its present position of cultural supremacy. In Britain sixty
years ago, radio sustained as the dominant transmission medium and motion pictures were
insignificant. Then TV, was managed entirely by the BBC, being viewed largely as an interesting and
slightly amusing experiment. This position soon changed dramatically, given impetus especially in
1953 when the live coverage was started by the British Broadcasting Corporation, the number of
audience increased tremendously. This LIVE coverage technology started by the BBC attracted the
genuine mass audience for the first time for television and sales of television receivers soared. The
power of the BBC both in radio and television had, however, reached its zenith, and the arrival of
commercial television in 1955 marked the end of the Corporation’s broadcasting monopoly.
than by any vision of public service values. The statutory reforms of the communications Act 2003,
also have been considered in some detail, may be thought to tell only part of the story.
While the last twenty years have seen a growing presence for new media developing via
information technology (Internet services, RSS feeds, pod-casting and the like), these have not yet
challenged the ongoing dominance of television, and indeed do not necessarily share the
characteristics associated with true ‘mass media’. The dominant influence and reach of television is
certainly not threatened as yet by such developments. Even this does not, however, indicate the full
extent of change to date for, just as news gathering and distribution, and cinema, especially in the
English language, are now global enterprises, so cross-media empires now span not only sectorial but
also national boundaries. The ability offered by satellite technology to transmit readily across long
distances, whether intentionally or in the form of overspill of transmission, often has the appearance
of rendering national boundaries irrelevant. In the European context, this inevitably suggests a ground
for the European Union to venture as an important global regulator. Yet, as we all consider later,
especially in this article, the market paradigm in which the union operates combined with the lack of a
single vision as to the extent of its constitutional powers render its regulatory role in this field more
limited and uncertain than might be expected.
188
Advances in Social Science, Education and Humanities Research, volume 211
of the media market can be treated in isolation in such a fast-changing environment; forty years ago it
was apparent to Blumler and Madge (1967) that ‘It is essential that [the] modern communication
process should be examined as a whole and not by studying certain parts in isolation’. Just as the
exclusion from the relevant provisions of the Broadcasting Act, 1990 for non-domestic satellite
broadcasters allowed Rupert Murdoch’s BskyB (Sweney and Graham 2018) to extend its overall
empire, to define the shape of the British DTH satellite broadcasting market and to influence the shape
of broadcasting as a whole, so failures in the regulation of DTT may have consequences not limited to
that particular media sector. The implications of the spread of the Carlton and Granada (Born 2002)
empires into DTT, though not necessarily problematic in itself at the time, may now seem to have
been the forerunner of the newly consolidated position in the form of ITV plc (merger between
Granada and Carlton communication) following their merger, even if the early involvement in DTT
did not prove wholly successful.
In summary, the regulatory patterns established in relation to conventional television and DTT
remained highly reactive in nature up to and including the Broadcasting Act 1996, with government
policy and laws driven not in the route of pure objectives but rather blown by the gusty winds of
change. However, this did not necessarily constitute a case for a move to lowest-common-
denominator or minimalist regulation; the position was not such as to concede defeat from a
citizenship perspective. Rather, it led authors such as Collins and Murroni (1996) and one of the
present authors (Feintuck 2004) in the direction of a single communications regulator, best able to
receive an overall idea of the media market, but, crucially, designed in such a type as to guarantee
rationality and transparency in the execution of its discretion. It is interesting to note that in the late
1990s even Oftel, the new arrival on the media regulation scene, showed signs of enthusiasm
regarding the nationalizing of regulation towards a single regulator model, though on a basis which
excluded regulation of content, an exclusion which, given the underlying objective of regulation,
would seem to risk undermining the utility of any such move.
Why regulate?
Some of the justifications for regulating have already become apparent in the previous discussion; in
particular, the threats of monopoly and of increasing commercialism should be clear. However, at the
very heart of our approach is that it seems unwise for prescriptions such as for a remodeled BBC to be
considered in the absence of establishing, or re-establishing, a coherent theoretical basis. Having
identified a number of different historical traditions in media regulation, it is now necessary to attempt
to summarize the particular justifications for regulation currently in play, all of which, in one form or
another, have already been flagged up earlier in this or the previous context. In essence, the
irregularities can be regulated under the following heads:
i. Effective communication
ii. Diversity, both political and cultural
iii. Economic justifications, and
iv. Public service
How to regulate?
If, and only if, meaningful rationales for regulatory intervention can be determined is it possible to
move on to a policy-making process which identifies objectives, and establishes techniques for
189
Advances in Social Science, Education and Humanities Research, volume 211
achieving them. It may be advisable for a degree of regulatory emphasis to be shifted to focus on
market structure, and perhaps behavioral aspects of control of delivery mechanisms, given the
significance of technological ‘gateways’ in the new, digital markets. However, when focusing on this
new area, the policy must remain vigilant of the extensive market and public service contexts and be
conversant by clearly recognizable objectives, coming out of clearly defined rationales for
intervention.
Conclusion
An acknowledgement that pluralism in ownership is not an end in itself but merely instrumental in the
furtherance of citizenship objectives might have provided a stronger anchor for regulation in the tidal
wave of change. In addition, the application of an unambiguously citizenship-oriented approach may
have also helped in the interpretation of both broadly stated assertions of public interest justifications
for regulation, and the complex, technical provisions contained in the existing laws. At the most
practical level, it can be argued that Ups and Downs in the context of the public service and public
interest agendas for the mass communication cannot be simply evaluated by reference to listening or
viewing figures. Even if viewing figures for public service television decline significantly in the face
of competition from commercial broadcasting in the multichannel context, there may be still
ultimately be sound democratic arguments for maintaining a strong PSB (Public Service
Broadcasting) presence.
While the economics and statics of broadcasting may tend to emphasize and value the
measurable, it is also necessary to measure and protect what is democratically valuable in the PSB
tradition. In essence, it seemed to some that the regulatory system was doing little more than
legitimize the outcome of market tendencies within the media, being left with more symbolic than
substantive significance. Though tinkering at the margins, the ‘system’ continued to allow high
degrees of concentration within and across different sectors of the media and demonstrated little if any
190
Advances in Social Science, Education and Humanities Research, volume 211
likelihood of establishing and/or moving towards clear public policy objectives. Because of the
market forces, it was very difficult to establish an alternative mechanism through the regulatory
system which was very reactive, therefore offering a best flimsy protection to citizenship values. As
was suggested in earlier content, it may be that a conceptual leap was needed. In this it is
acknowledged that the essential democratic role played by the media demands a move away from a
general model of ownership towards a model impending ‘stewardship,’ in which those who control
the mass communication, and especially essential facilities such as technological gateways, are placed
under responsibilities, actively enforced by regulators, to serve not only their individual or
commercial interests, but also those of all present and future generations of citizens.
References
Blumler, J. G., and Madge John. 1967. Citizenship and television. London: PEP.
Sweney, M., and Ruddick Graham. 2018. “Rupert Murdoch’s Sky bid is not in public interest, says regulator.” The
Guardian, January 23. https://www.theguardian.com/business/2018/jan/23/rupert-murdoch-sky-bid-blocked-21st-
century-fox-cma.
Born, Matt. 2002. “Carlton and Granada in revived merger talks” The Telegraph, October 12.
https://www.telegraph.co.uk/news/uknews/1409945/Carlton-and-Granada-in-revived-merger-talks.html
Collins, R. and Murroni, C. 1996. New media, new policies. Cambridge: Polity Press.
Collins, and Murroni. 1998. “New Media/New Policies: Media and Communications Strategies for the Future.” University
Glasgow, March 1. https://academic.oup.com/screen/article-abstract/39/1/93/1633053?redirectedFrom=fulltext
Feintuck, M. 2004. The public interest in regulation. Oxford: Oxford University Press.
Blumler, J. 1992. Television and the public interest: Vulnerable values in West European broadcasting. London: Sage
Hoffmann-Riem. 1996. “Regulating media.” The Licensing and Supervision of Broadcasting in Six Countries, Hamburg:
Guilford Publications.
191