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.
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.
Publications
Schulz, W.; Held, T. (2011): Regulierung durch Anreize. Optionen für eine anreizorientierte Regulierung der Leistungen privater Rundfunkveranstalter im Rundfunkstaatsvertrag [Regulation by Incentives. Options for Incentive-Based Regulation of the Services of Private Broadcasters in the Interstate Treaty of Broadcasting]. Berlin.
Held, T., Schulz, W. (eds.) (2008): Mehr Vertrauen in Inhalte. Das Potenzial von Ko- und Selbstregulierung in den digitalen Medien [More Trust in Content – the Potential for Co- and Self-Regulation]. Berlin: Vistas (Schriftenreihe Medienforschung der Landesanstalt für Medien Nordrhein-Westfalen, 59).
Schulz, W.; Held, T. (2007): Verfassungsrechtliche Grundsätze und Media Governance [Constitutional Principles and Media Governance]. In: P. Donges (eds.), Von der Medienpolitik zur Media Governance [From Media Politics to Media Governance]. Köln, pp. 85-102.
Schulz, W.; Held, T. (2006): Together they are strong? – Co-Regulatory Approaches for the Protection of Minors within the European Union. In: C. von Feilitzen, U. Carlsson (eds.), In the Service of Young People. Yearbook 2005/2006 from the International Clearinghouse on Children, Youth and Media. Göteborg.
Schulz, W. et al. (2006): Final Report: Study on Co-Regulation Measures in the Media Sector, commissioned by the European Commission (available).
Events
- Technical briefing on the final report of the study on: „Co-Regulation Measures in the Media Sector”, 6. February 2007 in Brussels.
Presentation of the draft final report of the study on: „Co-Regulation Measures in the Media Sector”, 19. January 2006 in Brussels.
Lectures
“Modular ICT Regulation in the EU – Probing a Hypothetical Regulative Framework”, lecture by S. Dreyer at the 3rd European Communications Conference (ECC/ECREA) in Hamburg on 14 October 2010.
“Oh no, that hurts! – Categorization of Sanctions Against Avatars”, lecture by S. Dreyer at the ECREA Pre-Conference “Avatars and Humans” in Hamburg on 12 October 2010.
„Co-Regulation as a Magic Wand to Guarantee Security and Safety on the Internet?”, lecture by W. Schulz at the First International Conference on Legal, Security and Privacy Issues in IT (LSPI) in Hamburg on 2 May 2006.
„Corporate Responsibility in the Internet Industry: Of Shallows & Lighthouses”, lecture by W. Schulz at the First International Conference on Legal, Security and Privacy Issues in IT (LSPI) in Hamburg on 2 May 2006.
“Governance als demokratietheoretisches Problem?” [Governance as a Problem in the Theory of Democracy], lecture by W. Schulz and T. Held at the “Institut für Publizistikwissenschaft und Medienforschung” of the University of Zurich at the joint annual symposium of the “DGPuK-Fachgruppe “Kommunikation und Politik”” and the “DVPW-Arbeitskreis “Politik und Kommunikation” on the Topic of “Von der Medienpolitik zur Media Governance?” [From Media Politics to Media Governance?] in Zurich on 17 February 2006.
"Spielerisch regeln – Virtuelle Regulierungsformen als Alternative zum Real-Life-Recht" [Regulating Playfully – Virtual Forms of Regulation as an Alternative to Real-Life-Law], lecture by S. Dreyer at the Computerspiele Camp(us) Cologne on 6 November 2008.
Contact person
Hans-Bredow-Institut
Heimhuder Straße 21
D - 20148 Hamburg
Tel. +49 (0)40 45 02 17 - 0
Fax +49 (0)40 45 02 17 - 77