How Would You Like Your Television: With or Without Borders and With or Without Culture--a New Approach to Media Regulation in the European Union

McDonald, Kevin M.

Journal: Fordham International Law Journal

Volume: 22

First Page: 1991

Year: 1998

Bluebook Citation: 22 FORDHAM INT'L L.J. 1991 (1998)

Author: Kevin M. Mcdonald: all 6 publications


Abstract

This Essay analyzes the effectiveness of television broadcasting regulations as a means to effectuate the promotion and protection of a pan-European culture, namely, television broadcasting regulations. First, in Part I, this Essay considers the broader background developments in the audio-visual sector that led to the passing of the Directive. Part II looks at the advantages and disadvantages of the most controversial aspect of the Directive, namely, the quota provisions. Part III critiques the Directive's effectiveness in realizing its dual goals of both protecting and promoting a pan-European culture.

Finally, Part IV compares the goals enunciated in the Federal Communications Act ("FCC Act") with those enunciated in the Directive. Both sets of goals reflect similar concerns and interests, although the United States takes a much broader approach in realizing its goals. This Essay concludes that the Community should, like the United States, take a more expansive approach to its audio-visual policy, similar to the approach reflected in the FCC Act, in order to strengthen and effectuate a more solid and unified European broadcast regulatory scheme that both protects and promotes a European culture.

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