Institution-driven competition: the regulation of cross-border broadcasting in the EU

Abstract

The regulation of media markets at the national level is under severe pressure, due to technological change, the existence of open markets, and international competition. The European Union's Television Without Frontiers (1989) Directive provided a framework which facilitated regulatory competition in the media field, particularly in satellite regulation. The paper will examine evidence of 'investment flight' towards lax regulatory jurisdictions resulting in an erosion of regulatory restrictions on broadcasting at national levels, particularly those relating to content, advertising and ownership. A political backlash, prompted by fears of 'race to the bottom' scenarios, has resulted in efforts at regulatory co-operation at national and European levels. Policy makers have looked towards the European Union level for measure to counteract 'unfair' regulatory competition and provide a European framework for media regulation.