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Craufurd Smith, Rachael --- "European Community media regulation in a converging environment" [2006] ELECD 412; in Shuibhne, Nic Niamh (ed), "Regulating the Internal Market" (Edward Elgar Publishing, 2006)

Book Title: Regulating the Internal Market

Editor(s): Shuibhne, Nic Niamh

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420338

Section: Chapter 5

Section Title: European Community media regulation in a converging environment

Author(s): Craufurd Smith, Rachael

Extract:

5. European Community media
regulation in a converging
environment
Rachael Craufurd Smith1

INTRODUCTION: REFLECTING ON REGULATION
This chapter explores the changing nature of internal market regulation
from the perspective of the audiovisual sector and, more particularly, tele-
vision broadcasting. It does this by examining how the Community initially
sought to balance the respective interests of industry, consumers and
Member States in the 1989 Television Without Frontiers Directive (the
TWF Directive)2 through a combination of harmonisation and mutual
recognition provisions. This balance has now been brought into question by
the current review of the TWF Directive, a process which highlights a
number of important trends in Community rule-making. Though some of
these developments are arguably subject specific, many are of interest well
beyond the audiovisual sector and consequently find reflection in other
contributions to this volume.
There are three main reasons why the TWF Directive is now being
reviewed. First, there is a need to clarify and rationalise certain of the existing
rules. The pace and evolution of Community law in this area has been driven
principally by technological developments, though the internally fragmented
nature of the Community institutions, in particular the European Commission,
has also had an influence. Over time there has consequently built up a
complex, overlapping and potentially confusing range of instruments. This is
particularly apparent in the advertising field, with sector-specific measures for

1 This chapter was written while a Jean Monnet Fellow at the Robert Schuman
Centre for Advanced Studies, European University Institute, ...