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New Forms of Regulation in Media Law

New Forms of Regulation in Media Law

New forms of regulation present a focus of the legal research of the Institute. It questions how changes in the area of media may be shaped legally, whether there is a need for legal regulation given the dynamic development of media and which new forms of regulation are suitable. Using guidelines, such as "regulated self-regulation", innovative solutions for current problems are being developed, e.g. regarding the protection of minors or in the field of digitalisation.

 

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Project Description

Reflections on the regulation of self- or co-regulation are not only being discussed academically and professionally with regard to the protection of minors, they may also be helpful in other areas such as data protection. In a different research project the use of public sphere in order to reach objectives – e.g. in the form of warnings, but also more complex regulation approaches – was examined and the legal boundaries defined.

The Institute is currently dealing with the question how media regulation can be improved through meaningful incentives. Broadcasting regulation in practice, but also the academic reflection has become aware of various deficits concerning the anticipation of private broadcasting services. A popular example is the discussion on private equity in media (the Institute has researched on this topic: Schulz/Kaserer/Trappel, Finanzinvestoren im Medienbereich [Financial Investors in the Media], 2008). During research it became obvious, that the main problem is due to owners being able to confront broadcasting operators with high and short-termed expectations on returns, whereas the legislator obliges operators to a certain output such as high-quality regional coverage and news offerings competitive to public-service broadcasting. Looking to Switzerland, but also to the United Kingdom reveals visual aids for systems which combine performance and incentives in order to improve the chances to reach regulation objectives.

Shifting the perspective from regulation as a process with one coordinating player towards regulation structures leads to questions of governance research. Especially for the normative frame of internet-based communication, e.g social media, this perspective seems appropriate. The institute reviewed the research status – jointly with colleagues from the University of Haifa – and is now preparing research activities in this area.

Project Information

Overview

Duration: 2002-2012

Third party

Cooperation Partner

Contact person

Prof. Dr. Wolfgang Schulz
Director (Chairperson)

Prof. Dr. Wolfgang Schulz

Leibniz-Institut für Medienforschung │ Hans-Bredow-Institut (HBI)
Rothenbaumchaussee 36
20148 Hamburg

Tel. +49 (0)40 45 02 17 0
Fax +49 (0)40 45 02 17 77

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