Prepared for European Union Competencies in respect of Media Pluralism and Media Freedom – Policy Conference
1. Soft law instruments: a starting point or
an easy way out?
Prepared for European Union Competencies in
respect of Media Pluralism and Media Freedom –
Policy Conference
Fiesole, 29th October 2012
Federica Casarosa – European University Institute
2. Outline of the presentation
Short description of soft law
Soft law in the European context
Criteria for the selection of soft law instruments
Few suggestions
3. Soft law instruments: evanescent definition
Different definitions of soft law
Soft law concerns rules of conduct which, in principle, have no legal binding
force but which nevertheless may have practical effects (Snyder, 1994)
Soft law concerns committments which are more than policy statements
but less than law in its strict sense. They have in common, without being
binding as a matter of law, a certain proximity to the law or a certain legal
relevance (Thurer, 1990)
Three main features
Rules of conduct
No or limited binding force
But some practical effect or influence over behaviours
4. Soft law available in EU toolkit
Preparatory or informative instruments
Green papers, White papers, action programmes, etc.
Inter-institutional communications
Interpretative and decisional instruments
Interpretative communications and notices, decisional guidelines, codes and
frameworks, etc.
Formal and non-formal steering instruments
Commission and Council recommendations, commission opinions
Council decisions, declarations and conclusions, joint declarations and intr-
institutional agreements, etc.
5. Scope of soft law instruments
Depending on the objectives pursued, the instruments that can be
selected to achieve it can be different.
General objective is improving media pluralism
However, several facets can be addressed
External and internal pluralism
Political and cultural pluralism
Diversity (of output and of source)
Independence
…
Which are the target subjects?
6. Few suggestions (1)
Foster pluralism through existing institutional bodies
Role of national regulatory authorities fora
Contact Committee (art 29 AVMS)
Facilitate effective implementation of the AVMS direcive, deliver
opinions, discuss the outcomes of Commission consultations,
facilitate exchange of information on the development of regulatory
activities…
Role of European Fundamental Rights Agency
Current remit does not include media pluralism, nor more generally
freedom of expression
Difficult to extend it within the 5-year programme
7. Few suggestions (2)
Take into account the technological convergence
Increasing role for citizens/users voice
Emergence of new intermediaries
Modification of supply chain points towards propertarisation of
content
What place for citizens’ voices?
Subsidising citizen participation in public service media
How to protect and support citizens’ voices in e.g. content
aggregators?
8. Few suggestions (3)
Address attection to private regulation
Significant role for private regulation (both self- and co-
regulation) in all media sectors
Guidelines addressing key characteristics of private regulation
Regulatory independence, fair enforcement procedures,
etc.
E.g. Involving DG Connect on the blueprint of what
already done by DG SANCO for health issues in food
marketing for children