Does democracy prevent

media overregulation?
seemo press freedom conference, 23 sept. 2014, bucharest
Comanescu
CONTENT ON DEMAND, CONSULTING.
2
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 1: THE Positive News law
Gheorghe Funar Ioan Ghie
2008: Televisions are to broadcast
positive and negative news in
equal proportions.
Among others: a provision stipu-
lated psychiatric controls for journa-
lists every three years.
The media criticized the law.
Most of the voices in the public
(commentators on blogs etc.) argued
that the amount of blood, crime etc.
on TV is much too high and some-
thing should be done to decrease it.
3
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 1: THE Positive News law
Gheorghe Funar Ioan Ghie
What
was the
outcome
?
4
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 1: THE Positive News law
Gheorghe Funar Ioan Ghie
The law was voted by both cham-
bers of the Parliament.
However, fortunately, the law was
declared unconstitutional by the Con-
stitutional Court.
5
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 2: monitoring the internet
Lia Vasilescu Carmen Moldovan
2010: several women MPs had the
idea to discourage/ban bad language
and profanity online.
The idea of an authority supposed
to monitor all the conversations on
social networks, blogs, newspapers
forums was promoted.
At a certain point, the monitoring
was to be done by CNA, the Romani-
an Ofcom.
6
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 2: monitoring the internet
Lia Vasilescu Carmen Moldovan
What
was the
outcome
?
7
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 2: monitoring the internet
Lia Vasilescu Carmen Moldovan
The Romanian Ofcom was terrifed
by the idea, it said publicly it doesnt
even have the resources to monitor
TV
A public debate followed: although
totally unpractical, the idea had its
supporters.
8
Comanescu
CONTENT ON DEMAND, CONSULTING.
the issue
Can EU democracies avoid
overregulation and defcient regulations
simply by being EU democracies?
9
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 4: hungary
Victor Orban
2010: a law that threatens fnes on
media that engages in unbalanced
reporting
The entire media (incl. print & on-
line) is regulated and monitored by
the Media Council
2013: another law, limiting access
to public information, was passed
2014: a 40% tax on advertising
Various actual consequences of all
the laws
The public is somewhat satisfed.
10
Comanescu
CONTENT ON DEMAND, CONSULTING.
case study 3: napoleons france
Marat
1800: Napoleon restricted the
num ber of published newspapers
from 73 to 13.
The public opinion applauded
- French were fed-up with Marat,
Desmoulins and others harangues.
Desmoulins Bonaparte
11
Comanescu
CONTENT ON DEMAND, CONSULTING.
Conclusion
Democracy doesnt prevent overregulation
in itself
Public opinion may approve defcient laws
and legislation in excess.
12
Comanescu
CONTENT ON DEMAND, CONSULTING.
thank you
www.comanescu.ro
iulian.comanescu@comanescu.ro