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Control of access to content has become a vital aspect of many
business models for modern broadcasting and on-line services. Using
the example of digital broadcasting, the author reveals the
resulting challenges for competition, broadcasting, and
telecommunications. "Controlling Access to Content" explores the
relationship between electronic access control, freedom of
expression and functioning competition. It scrutinizes the
interplay between law and technique, and the ways in which
broadcasting, telecommunications, and general competition law are
inevitably interconnected. European law has widely harmonised the
way conditional access is regulated in the Member States of the
European Union. The author comments in detail on the relevant rules
in European Court of Justice and the European Commission in its
function as watchdog of European competition law. The relevant
provisions in European broadcasting law, such as the right to short
reporting and the so-called list of important events, are discussed
extensively, as are the conditions that overrule the free-TV
culture that was the essence of traditional broadcasting law. The
broad and systematic screening of the existing regulatory framework
makes this book an essential resource for all those who are
concerned with the electronic control of access to content. With
its in-depth analysis and explicit conclusions, "Controlling Access
to Content" amply supplies the crucial understanding of this
complex field that policy makers, regulators, and academics
require. It investigates the implications of electronic access
control, digitalization, and convergence for broadcasting, as well
as the effects of the regulatory framework on innovation,
competition, and consumer access to content. It demonstrates
clearly at which points the chosen approach could backfire and
generate undesirable side effects, and what lessons can be learned
from the pay-TV case for other digital service sectors. Using many
examples, the author explains for lawyers, consumer and industry
representatives the main lines of the regulatory framework that
apply to access-controlled broadcasting, how their interests are
affected, and what changes the future might bring.
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