Keyword: Media law

Dealing with Opinion Power in the Platform World: Why We Really Have to Rethink Media Concentration Law external link

Seipp, T., Helberger, N., Vreese, C.H. de & Ausloos, J.
Digital Journalism, 2023

Abstract

The platformised news environment affects audiences, challenges the news media’s role, and transforms the media ecosystem. Digital platform companies influence opinion formation and hence wield “opinion power,” a normatively and constitutionally rooted notion that captures the core of media power in democracy and substantiates why that power must be distributed. Media concentration law is the traditional tool to prevent predominant opinion power from emerging but is, in its current form, not applicable to the platform context. We demonstrate how the nature of opinion power is changing and shifting from news media to platforms and distinguish three levels of opinion power: (1) the individual citizen, (2) the institutional newsroom and (3) the media ecosystem. The reconceptualization at the three levels provides a framework to develop future (non-)regulatory responses that address (1) the shifting influence over individual news consumption and exposure, (2) the changing power dynamics within automated, datafied and platform-dependent newsrooms, and (3) the systemic power of platforms and structural dependencies in the media ecosystem. We demonstrate that as the nature of opinion power is changing, so must the tools of control.

Media law, news, Platforms

Bibtex

Article{nokey, title = {Dealing with Opinion Power in the Platform World: Why We Really Have to Rethink Media Concentration Law}, author = {Seipp, T. and Helberger, N. and Vreese, C.H. de and Ausloos, J.}, url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2022.2161924}, doi = {https://doi.org/10.1080/21670811.2022.2161924}, year = {2023}, date = {2023-01-03}, journal = {Digital Journalism}, abstract = {The platformised news environment affects audiences, challenges the news media’s role, and transforms the media ecosystem. Digital platform companies influence opinion formation and hence wield “opinion power,” a normatively and constitutionally rooted notion that captures the core of media power in democracy and substantiates why that power must be distributed. Media concentration law is the traditional tool to prevent predominant opinion power from emerging but is, in its current form, not applicable to the platform context. We demonstrate how the nature of opinion power is changing and shifting from news media to platforms and distinguish three levels of opinion power: (1) the individual citizen, (2) the institutional newsroom and (3) the media ecosystem. The reconceptualization at the three levels provides a framework to develop future (non-)regulatory responses that address (1) the shifting influence over individual news consumption and exposure, (2) the changing power dynamics within automated, datafied and platform-dependent newsrooms, and (3) the systemic power of platforms and structural dependencies in the media ecosystem. We demonstrate that as the nature of opinion power is changing, so must the tools of control.}, keywords = {Media law, news, Platforms}, }

Study on media plurality and diversity online external link

Parcu, P.L., Brogi, E., Verza, S, Irion, K., Fahy, R., Idiz, D. R, Meiring, A., Seipp, T. & Poort, J.
2022

Abstract

The Study on Media Plurality and Diversity Online investigates the value of safeguarding media pluralism and diversity online, focusing on (i) the prominence and discoverability of general interest content and services, and on (ii) market plurality and the concentration of economic resources. With a focus on Europe, the project is funded by a tender from the European Commission to produce a study on Media Plurality and Diversity Online and involves four partner universities: CMPF (EUI); CiTiP (Centre for Information Technology and Intellectual Property) of KU Leuven; the Institute for Information Law of the University of Amsterdam (IViR/UvA); imec-SMIT-Vrije Universiteit Brussel. The purpose of the assignment was to describe, analyse and evaluate the existing regulatory and business practices in the two areas mentioned above, and finally to elaborate some policy recommendations. Data were collected from the database of the Media Pluralism Monitor (CMPF) and through desk research, online consultations and interviews with stakeholders. The contractor was able to call on a network of national experts across the Member States to support this work.

diversity, Media law, media plurality

Bibtex

Report{nokey, title = {Study on media plurality and diversity online}, author = {Parcu, P.L. and Brogi, E. and Verza, S and Irion, K. and Fahy, R. and Idiz, D. R and Meiring, A. and Seipp, T. and Poort, J.}, url = {https://data.europa.eu/doi/10.2759/529019}, doi = {https://doi.org/10.2759/529019}, year = {2022}, date = {2022-09-16}, abstract = {The Study on Media Plurality and Diversity Online investigates the value of safeguarding media pluralism and diversity online, focusing on (i) the prominence and discoverability of general interest content and services, and on (ii) market plurality and the concentration of economic resources. With a focus on Europe, the project is funded by a tender from the European Commission to produce a study on Media Plurality and Diversity Online and involves four partner universities: CMPF (EUI); CiTiP (Centre for Information Technology and Intellectual Property) of KU Leuven; the Institute for Information Law of the University of Amsterdam (IViR/UvA); imec-SMIT-Vrije Universiteit Brussel. The purpose of the assignment was to describe, analyse and evaluate the existing regulatory and business practices in the two areas mentioned above, and finally to elaborate some policy recommendations. Data were collected from the database of the Media Pluralism Monitor (CMPF) and through desk research, online consultations and interviews with stakeholders. The contractor was able to call on a network of national experts across the Member States to support this work.}, keywords = {diversity, Media law, media plurality}, }

Safety of journalists and the fighting of corruption in the EU external link

McGonagle, T., Fahy, R., Bouchè, G., Rucz, M., Stapel, S., Seel, M. & Sangen, A, van der
2020

Abstract

Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them. This report was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs.

corruptie, frontpage, Journalistiek, Media law, veiligheid

Bibtex

Report{McGonagle2020f, title = {Safety of journalists and the fighting of corruption in the EU}, author = {McGonagle, T. and Fahy, R. and Bouchè, G. and Rucz, M. and Stapel, S. and Seel, M. and Sangen, A, van der}, url = {https://www.europarl.europa.eu/RegData/etudes/STUD/2020/655187/IPOL_STU(2020)655187_EN.pdf}, year = {0730}, date = {2020-07-30}, abstract = {Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them. This report was requested by the European Parliament\'s Committee on Civil Liberties, Justice and Home Affairs.}, keywords = {corruptie, frontpage, Journalistiek, Media law, veiligheid}, }

The post-editorial control era: how EU media law matches platforms’ organisational control with cooperative responsibility external link

Drunen, M. van
Journal of Media Law, vol. 12, num: 2, pp: 166-190, 2020

Abstract

This paper argues the AVMSD attaches cooperative responsibility to platforms’ organisational control. Firstly, it explores how the new concept of organisational control differs from the editorial control that has traditionally been central to media law, in particular concerning the greater involvement of other stakeholders active on platforms. Secondly, it analyses the measures the AVMSD requires platforms to take with regard to content on their service in light of their organisational control. Finally, it shows how the AVMSD not only requires platforms to assume responsibility for actions under their direct control, but also to enable users and uploaders to exercise their inherent influence differently. The AVMSD consequently moves away from centralised, and towards cooperative responsibility for platforms. The paper concludes by evaluating the choices the AVMSD makes (and fails to make) in the operationalisation of this new responsibility model.

AVMS Directive, digital platforms, frontpage, Journalistiek, Media law, redactie

Bibtex

Article{Drunen2020, title = {The post-editorial control era: how EU media law matches platforms’ organisational control with cooperative responsibility}, author = {Drunen, M. van}, url = {https://www.tandfonline.com/doi/full/10.1080/17577632.2020.1796067}, doi = {https://doi.org/https://doi.org/10.1080/17577632.2020.1796067}, year = {0728}, date = {2020-07-28}, journal = {Journal of Media Law}, volume = {12}, number = {2}, pages = {166-190}, abstract = {This paper argues the AVMSD attaches cooperative responsibility to platforms’ organisational control. Firstly, it explores how the new concept of organisational control differs from the editorial control that has traditionally been central to media law, in particular concerning the greater involvement of other stakeholders active on platforms. Secondly, it analyses the measures the AVMSD requires platforms to take with regard to content on their service in light of their organisational control. Finally, it shows how the AVMSD not only requires platforms to assume responsibility for actions under their direct control, but also to enable users and uploaders to exercise their inherent influence differently. The AVMSD consequently moves away from centralised, and towards cooperative responsibility for platforms. The paper concludes by evaluating the choices the AVMSD makes (and fails to make) in the operationalisation of this new responsibility model.}, keywords = {AVMS Directive, digital platforms, frontpage, Journalistiek, Media law, redactie}, }

Implications of AI-driven tools in the media for freedom of expression external link

Helberger, N., Eskens, S., Drunen, M. van, Bastian, M. & Möller, J.
2020

Abstract

Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."

Artificial intelligence, Freedom of expression, frontpage, Media law

Bibtex

Report{Helberger2020, title = {Implications of AI-driven tools in the media for freedom of expression}, author = {Helberger, N. and Eskens, S. and Drunen, M. van and Bastian, M. and Möller, J.}, url = {https://www.ivir.nl/publicaties/download/AI-and-Freedom-of-Expression.pdf}, year = {0305}, date = {2020-03-05}, abstract = {Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."}, keywords = {Artificial intelligence, Freedom of expression, frontpage, Media law}, }

Preview: Elections and media in digital times external link

McGonagle, T., Bednarski, M., Coutinho, M.F. & Zimin, A.
2019

Abstract

The increasing digitalization of societies has led to unprecedented opportunities to seek, receive and impart political information and ideas, which are the lifeblood of elections. The internet has made it easier for politicians, political parties and the electorate to communicate with each other more directly and more quickly than at any point in history. The accuracy of information can be checked and corrected faster, more thoroughly and by a greater number of actors than ever before. But there are also growing concerns about the effects on public debate arising from misuse of digital technologies and fragmentation in the communications environment. Political micro-targeting of individual voters is driven by aggregated personal data, which is not always obtained in lawful ways. Little effort is required to generate disinformation and for it to go viral. New digitally-enabled tactics in political funding, campaigning and advertising, often lacking in transparency, reduce the transparency of information during elections. Meanwhile journalists, whose output can empower the electorate, are under increasing attack.

frontpage, Media law, verkiezingen

Bibtex

Report{McGonagle2019d, title = {Preview: Elections and media in digital times}, author = {McGonagle, T. and Bednarski, M. and Coutinho, M.F. and Zimin, A.}, url = {https://www.ivir.nl/publicaties/download/in_focus_world_trends_report_2019_brochure.pdf}, year = {0503}, date = {2019-05-03}, abstract = {The increasing digitalization of societies has led to unprecedented opportunities to seek, receive and impart political information and ideas, which are the lifeblood of elections. The internet has made it easier for politicians, political parties and the electorate to communicate with each other more directly and more quickly than at any point in history. The accuracy of information can be checked and corrected faster, more thoroughly and by a greater number of actors than ever before. But there are also growing concerns about the effects on public debate arising from misuse of digital technologies and fragmentation in the communications environment. Political micro-targeting of individual voters is driven by aggregated personal data, which is not always obtained in lawful ways. Little effort is required to generate disinformation and for it to go viral. New digitally-enabled tactics in political funding, campaigning and advertising, often lacking in transparency, reduce the transparency of information during elections. Meanwhile journalists, whose output can empower the electorate, are under increasing attack.}, keywords = {frontpage, Media law, verkiezingen}, }

‘Fake news’ and online disinformation: Case study – Belgium external link

Coche, E.
2018

Abstract

This case study provides an overview of the ‘fake news’ phenomenon in Belgium. In light of the 2018 Reuters Report, it starts by sketching the present media landscape in Belgium. It then enquires whether Belgians are concerned about ‘fake news’; what their level of trust is in the media; which media sources are favoured by them, and what their level of media literacy is. After analysing these facts and figures, the emergence of ‘fake news’, through foreign political events, is discussed. Different examples of Belgian ‘fake news’ are then presented, which range from ‘hoaxes’ to misleading and inaccurate news articles stemming from qualified journalists. By means of these examples, the ambiguities of the term ‘fake news’, as an umbrella term to cover a wide variety of content, are explained. Given the vagueness of the term, it is submitted that ‘disinformation’ is a more appropriate term to use. Having regard to the possible impact of this type of ‘news’ on democracy, this case study strives to shed light on Belgian politicians and their relation with ‘fake news’. By means of examples, the author argues that they increasingly use the term ‘fake news’ to discredit news media. Moreover, they tend to by-pass traditional media, through their social media accounts, thereby contributing to the emergence of ‘fake news’. The lack of editorial oversight on social media allows for false messages to be spread. In order to propose measures to counter ‘fake news’ in Belgium, the case study provides an overview of different responses that have already been put in place. Besides responses at the EU level (including the Council of Europe), the overview includes governmental responses, news media responses, civil society responses and responses stemming from collaborations with IT companies. Taking account of these measures, various recommendations are proposed in the Conclusion. It is argued that both short and long-term actions should be developed. Having regard to the forthcoming Belgian elections, the former would be necessary and should, inter alia, aim to enhance the transparency of social media platforms. Regarding the latter, it is argued that media literacy measures should be further built upon.

België, case study, disinformation, Fake news, Journalism, Media law

Bibtex

Article{Coche2018e, title = {‘Fake news’ and online disinformation: Case study – Belgium}, author = {Coche, E.}, url = {https://www.ivir.nl/publicaties/download/Case-study-Fake-News-Belgium.pdf}, year = {0719}, date = {2018-07-19}, abstract = {This case study provides an overview of the ‘fake news’ phenomenon in Belgium. In light of the 2018 Reuters Report, it starts by sketching the present media landscape in Belgium. It then enquires whether Belgians are concerned about ‘fake news’; what their level of trust is in the media; which media sources are favoured by them, and what their level of media literacy is. After analysing these facts and figures, the emergence of ‘fake news’, through foreign political events, is discussed. Different examples of Belgian ‘fake news’ are then presented, which range from ‘hoaxes’ to misleading and inaccurate news articles stemming from qualified journalists. By means of these examples, the ambiguities of the term ‘fake news’, as an umbrella term to cover a wide variety of content, are explained. Given the vagueness of the term, it is submitted that ‘disinformation’ is a more appropriate term to use. Having regard to the possible impact of this type of ‘news’ on democracy, this case study strives to shed light on Belgian politicians and their relation with ‘fake news’. By means of examples, the author argues that they increasingly use the term ‘fake news’ to discredit news media. Moreover, they tend to by-pass traditional media, through their social media accounts, thereby contributing to the emergence of ‘fake news’. The lack of editorial oversight on social media allows for false messages to be spread. In order to propose measures to counter ‘fake news’ in Belgium, the case study provides an overview of different responses that have already been put in place. Besides responses at the EU level (including the Council of Europe), the overview includes governmental responses, news media responses, civil society responses and responses stemming from collaborations with IT companies. Taking account of these measures, various recommendations are proposed in the Conclusion. It is argued that both short and long-term actions should be developed. Having regard to the forthcoming Belgian elections, the former would be necessary and should, inter alia, aim to enhance the transparency of social media platforms. Regarding the latter, it is argued that media literacy measures should be further built upon.}, keywords = {België, case study, disinformation, Fake news, Journalism, Media law}, }

Open Journalism: The Road Travelled and the Road Ahead external link

McGonagle, T., Fahy, R., Kostić, B., Klus, M., Plaizier, C. & Hanhart, M.
2018

frontpage, Journalism, Media law

Bibtex

Report{McGonagle2018c, title = {Open Journalism: The Road Travelled and the Road Ahead}, author = {McGonagle, T. and Fahy, R. and Kostić, B. and Klus, M. and Plaizier, C. and Hanhart, M.}, url = {https://www.osce.org/representative-on-freedom-of-media/384432?download=true}, year = {0622}, date = {2018-06-22}, keywords = {frontpage, Journalism, Media law}, }

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.
0517

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

Bibtex

Book{McGonagle2018, title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights}, author = {McGonagle, T. and Voorhoof, D.}, url = {https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181}, year = {0517}, date = {2018-05-17}, abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.}, keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law}, }