Soul-searching - Cultivating European Identity through State aid to the big and small screens

Abstract

Freedom of expression, including media freedom and pluralism, are at the
core of the democratic processes. Media pluralism requires transparency,
freedom and diversity in Europe’s media landscape. The broad perception
and definition of the terms are based upon the willingness to charge media
freedom and pluralism with expectations of very significant and sometimes
even unachievable social and political outcomes.

The legal basis for the EU’s jurisdiction over media policy stems from
articles within the TFEU making it possible to construct policies for various
media and communication technology sectors and provide direction on basic
features regarding media policy. Cultural policy process, issues and debates
are increasingly taking place at a supranational level. This is a necessity
arising from the complex nature of media goods and services, which can be
defined neither solely as cultural goods nor simply as economic goods.

The international dimension of audiovisual policy impacts what happens at
EU level and in the Member States. This thesis looks at the changing role
and nature of cultural and media policies, together with corresponding
regulatory issues in the technologically advanced, liberalised and privatised
audiovisual markets in the EU. The background is a discourse, in which
culture is integrated in a broader policy agenda dealing with innovation,
economic competitiveness and the fostering of a European cohesion policy.
Therefore, the thesis looks beyond national cultural policies and focuses on
the agenda-setting dynamics at Union level.

The Audiovisual sectors is a considerate component of the EU economy in
terms of wealth creation and employment. Approximately 3 % of the
Union's GDP comes from the sectors, which employs approximately 6
million people. Audiovisual industries also play an important cultural role
and has been at the heart of the debate about national cultures and the
impact of the expansion of the Union on the sovereignty of the Member
States, especially in the television industry, where the EU is a central agent
of change.

The growth of the EU’s mandate in cultural industries, and subsequent
alignment of these industries with Internal Market principles, such as in the
audiovisual sector, has not been unproblematic, since historically these
industries have been the regulatory responsibility of the Member States. The
Treaty rules on State aid control acknowledge the specificities of culture and
the economic activities related to it. It is generally accepted that aid is
important to sustain European audiovisual production, preserve the Unions
cultural heritage and satisfy the Member States’ public service remit.

The audiovisual industries change rapidly. The pressure on national and EU
governmental bodies to lessen regulatory control on private undertakings
and to reduce or cut new initiatives of the public sector is increasing with
every year. This thesis examines the EU’s and subsequently, the European
Commission’s approach concerning the appraisal of Member States’ aid
schemes targeting cultural industries, in particular broadcast audiovisual
media, film and television, as this is one of the most challenging policy
domains the Union has entered.

The thesis investigates the balancing exercise the Union undertakes to
address the question of subsidiarity in cultural matters, while weighing the
objective of promoting culture against the safeguarding of a free and
competitive market. The work considers which effects the enforcement of
Internal Market rules have on Member States’ cultural policies, giving
special attention to the field of public service television, which continue to
rely on public funding, though the monopolies were abolished.

Popular Abstract

Freedom of expression, including media freedom and pluralism, are at the
core of the democratic processes. Media pluralism requires transparency,
freedom and diversity in Europe’s media landscape. The broad perception
and definition of the terms are based upon the willingness to charge media
freedom and pluralism with expectations of very significant and sometimes
even unachievable social and political outcomes.

The legal basis for the EU’s jurisdiction over media policy stems from
articles within the TFEU making it possible to construct policies for various
media and communication technology sectors and provide direction on basic
features regarding media policy. Cultural policy process, issues and debates
are increasingly taking place at a supranational level. This is a necessity
arising from the complex nature of media goods and services, which can be
defined neither solely as cultural goods nor simply as economic goods.

The international dimension of audiovisual policy impacts what happens at
EU level and in the Member States. This thesis looks at the changing role
and nature of cultural and media policies, together with corresponding
regulatory issues in the technologically advanced, liberalised and privatised
audiovisual markets in the EU. The background is a discourse, in which
culture is integrated in a broader policy agenda dealing with innovation,
economic competitiveness and the fostering of a European cohesion policy.
Therefore, the thesis looks beyond national cultural policies and focuses on
the agenda-setting dynamics at Union level.

The Audiovisual sectors is a considerate component of the EU economy in
terms of wealth creation and employment. Approximately 3 % of the
Union's GDP comes from the sectors, which employs approximately 6
million people. Audiovisual industries also play an important cultural role
and has been at the heart of the debate about national cultures and the
impact of the expansion of the Union on the sovereignty of the Member
States, especially in the television industry, where the EU is a central agent
of change.

The growth of the EU’s mandate in cultural industries, and subsequent
alignment of these industries with Internal Market principles, such as in the
audiovisual sector, has not been unproblematic, since historically these
industries have been the regulatory responsibility of the Member States. The
Treaty rules on State aid control acknowledge the specificities of culture and
the economic activities related to it. It is generally accepted that aid is
important to sustain European audiovisual production, preserve the Unions
cultural heritage and satisfy the Member States’ public service remit.

The audiovisual industries change rapidly. The pressure on national and EU
governmental bodies to lessen regulatory control on private undertakings
and to reduce or cut new initiatives of the public sector is increasing with
every year. This thesis examines the EU’s and subsequently, the European
Commission’s approach concerning the appraisal of Member States’ aid
schemes targeting cultural industries, in particular broadcast audiovisual
media, film and television, as this is one of the most challenging policy
domains the Union has entered.

The thesis investigates the balancing exercise the Union undertakes to
address the question of subsidiarity in cultural matters, while weighing the
objective of promoting culture against the safeguarding of a free and
competitive market. The work considers which effects the enforcement of
Internal Market rules have on Member States’ cultural policies, giving
special attention to the field of public service television, which continue to
rely on public funding, though the monopolies were abolished.

• author: Hansson, Sarah
• supervisor: Henrik Norinder
• organization: Department of Law
• alternative title: Soul-searching - Cultivating European Identity through State aid to the big and small screens
• course: JURM02 20161
• year: 2016
• type: H2 - Master's Degree (Two Years)
• subject: Law and Political Science
• keywords: EU law
• language: English
• id: 8873866
• date added to LUP: 2016-09-21 15:37:26
• date last changed: 2016-09-21 15:37:26