The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law

In the rise of authoritarian trends in Hungary and in Poland, public broadcasters play a crucial role in supporting the political forces in power. There are many examples which show how public broadcasters influence public opinion by selective coverage and distorted remit. While the problem of media...

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Main Author: Małgorzata Kozak
Format: Article
Language:English
Published: Cambridge University Press 2024-02-01
Series:German Law Journal
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S2071832223001001/type/journal_article
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author Małgorzata Kozak
author_facet Małgorzata Kozak
author_sort Małgorzata Kozak
collection DOAJ
description In the rise of authoritarian trends in Hungary and in Poland, public broadcasters play a crucial role in supporting the political forces in power. There are many examples which show how public broadcasters influence public opinion by selective coverage and distorted remit. While the problem of media plurality is often commented upon from the perspective of fundamental rights or the rule of law, another relevant perspective is that of internal market and economic law. The article analyses how can one make sure that the use of public funds to support State media does not lead to the distortion of citizens’ rights to be informed. The article argues that the current EU State Aid framework allows the balance of Member States’ prerogatives in respect to media freedom and content with the risk of EU-imposed censure. The article analyses the place of media pluralism in EU law and demonstrates that media pluralism has been integrated within the internal market framework, including an analysis of recent amendments to the Audiovisual Media Services Directive. Then, it focuses on the relationship between media pluralism, public service broadcasting and EU State aid law.
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spelling doaj.art-0b83e78a03e241b7835aff14c58a40952024-04-23T10:45:09ZengCambridge University PressGerman Law Journal2071-83222024-02-012511112710.1017/glj.2023.100The Media Pluralism Principle, The Financing of Public Broadcasters, and EU LawMałgorzata Kozak0https://orcid.org/0000-0001-8161-0529School of Law, Faculty of Law, Economics and Governance, University of Utrecht, Utrecht, NetherlandsIn the rise of authoritarian trends in Hungary and in Poland, public broadcasters play a crucial role in supporting the political forces in power. There are many examples which show how public broadcasters influence public opinion by selective coverage and distorted remit. While the problem of media plurality is often commented upon from the perspective of fundamental rights or the rule of law, another relevant perspective is that of internal market and economic law. The article analyses how can one make sure that the use of public funds to support State media does not lead to the distortion of citizens’ rights to be informed. The article argues that the current EU State Aid framework allows the balance of Member States’ prerogatives in respect to media freedom and content with the risk of EU-imposed censure. The article analyses the place of media pluralism in EU law and demonstrates that media pluralism has been integrated within the internal market framework, including an analysis of recent amendments to the Audiovisual Media Services Directive. Then, it focuses on the relationship between media pluralism, public service broadcasting and EU State aid law.https://www.cambridge.org/core/product/identifier/S2071832223001001/type/journal_articlemedia pluralismState Aidrule of law crisispublic broadcastersfreedom of expression
spellingShingle Małgorzata Kozak
The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
German Law Journal
media pluralism
State Aid
rule of law crisis
public broadcasters
freedom of expression
title The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
title_full The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
title_fullStr The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
title_full_unstemmed The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
title_short The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law
title_sort media pluralism principle the financing of public broadcasters and eu law
topic media pluralism
State Aid
rule of law crisis
public broadcasters
freedom of expression
url https://www.cambridge.org/core/product/identifier/S2071832223001001/type/journal_article
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AT małgorzatakozak mediapluralismprinciplethefinancingofpublicbroadcastersandeulaw