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European and International Media LawLiberal Democracy, Trade, and the New Media$
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Perry Keller

Print publication date: 2011

Print ISBN-13: 9780198268550

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780198268550.001.0001

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The Media in the European Single Market

The Media in the European Single Market

(p.115) 4 The Media in the European Single Market
European and International Media Law

Perry Keller

Oxford University Press

Chapter Four sets out the European economic law framework that governs trade and investment in the media sector (excluding intellectual property rights). It explains how Europe's national media sectors were gradually brought within the European Union's rules of free movement and fair competition, including the Audiovisual Media Services Directive and the Electronic Commerce Directive. In this process, European economic law has accommodated non-market public policy goals. These include the protection of the public from harmful media content through rights of derogation that are closely linked to European human rights law. The Chapter also looks at the transition from common EU rules formulated for the highly regulated broadcast sector to new rules that address the challenges of new media services. Finally, Chapter Four looks at the application of EU competition law to the media sector, including the tension between national subsidies to public service media and the rules limiting state aid.

Keywords:   European Union, free movement, public morals, public order, audiovisual media services, electronic commerce, public service media, state aid, services of a general economic interest

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