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Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions. The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law. Key Features *Identifies and examines the rationales underlying media regulation and the current challenges to them. *Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions. *Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003. *Accessible to a wide readership in media studies, journalism, broadcasting and law. Praise for the First Edition "A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission! it is well organised, and should be a useful resource for more advanced students and academics!for updating the public regulation case with vigour and clarity this book is to be welcomed." THES

Preface to the Second Edition vii
Abbreviations ix
1 Regulating the Revolution 1
1.1 Introduction and Overview 1
1.2 Communication and Power 9
1.3 Globalisation and Technological Change 20
1.4 The Revolution and the Law 30
2 The Market, Public Service and Regulation 40
2.1 The Market and Public Service 40
2.2 The BBC and the Charter Review 44
2.3 Regulation: Why, How and to What End 54
3 In Search of the Public Interest 74
3.1 The Competing Values 74
3.2 Competition Law and the Public Interest in Media
Regulation 87
3.3 The Seductive Charms of Choice 101
3.4 Resolving the Tensions between Competing
Rationales: The Current State of Play 104
3.5 Citizenship as the Public Interest? 107
3.6 The Communications Act 2003 and the ‘Public
Interest’ 111
3.7 Citizenship, the Public Interest and the Media 117
4 The Regulatory Framework Before and After the
Communications Act 2003 126
4.1 Introduction 126
4.2 The Historical Framework for Regulation of Media
Ownership 127
4.3 Newspaper Takeovers and Mergers 129
4.4 Licensing Commercial Television and Regulating
Cross-Media Holdings 135
4.5 Regulating Digital Terrestrial Television 145
4.6 The Communications Act 2003 and Ofcom’s
Early Years 153
4.7 Carlton and Granada – Towards a Unified ITV 161
4.8 Same as It Ever Was? 164
5 Institutional Design and Accountability in UK Media
Regulation 169
5.1 Introduction 169
5.2 Aspects of Accountability 170
5.3 Formal Power and Informal Influence 176
5.4 Complaints and ‘Standards’ in Broadcasting 183
5.5 The Press Complaints Commission 191
5.6 The Advertising Standards Authority 195
6 Tiers of Regulation 201
6.1 Introduction 201
6.2 The Nature of Regulation 202
6.3 The Agenda in the European Union 211
6.4 Regulation of the Media in the Nation State 235
7 Conclusions: Protecting Democratic Values 244
7.1 The Incoming Tide 244
7.2 Rising Above the Waves 257
References 280
Index 301
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