UK Media Regulations: Fit for Purpose?

Lead Research Organisation: University of East Anglia
Department Name: Law

Abstract

In order to establish if UK media regulations are fit for purpose, my research will first examine the principal rationales for regulation. If regulation is there to 'protect' the readers, viewers and listeners (referred to herein as 'audience'), is it effective? Given the multitude of media platforms and different regulatory requirements for these platforms, can this be done effectively whilst still protecting freedom of expression and the audience's right to receive information and ideas without interference by a public authority? It will compare UK media regulations across broadcast (including aspects of audio visual media on the internet), press and political advertising to establish the similarities and differences of the regulatory rules to find inconsistencies. In addition it will examine the influence that media providers' in-house editorial policies have and if these go above and beyond regulatory requirements. This paper will discuss scholarly theories of free speech to examine how regulation might both protect the rationales of free speech whilst still adhering to the principles of protecting the audience. It will include empirical research with media professionals; writers, performers, decision makers and regulators. This will explore their attitudes to statutory regulation, self-regulation and in-house editorial policy and discuss how this might affect editorial decisions. It will seek to establish if these attitudes could lead to a chilling effect on content producers. The interviewees will be asked about their interpretation and implementation of their in-house editorial policies and approach to freedom of expression rights when considering censorship decisions. They will also be asked if commercial factors and 'brand protection' come into play when they censor content. This should illustrate how much the interests of the writer and audience are taken into account when editorial decisions are made. Censorship and a chilling effect could negatively impact on the audience's right to receive information and thus their ability to effectively participate in democracy. The research should help illustrate if the current regulatory framework and editorial policy across platforms is contradictory and if (mis)interpretation of the guidelines and in-house editorial policy might lead to a more restrictive broadcasting environment than is necessary to comply with regulations. Ethical approval will be sought. The interviews will be recorded and a manuscript provided for interviewees to sign off before inclusion within the body of work. Consent forms will be signed by all interviewees. A democracy needs an informed electorate in order to properly function. The various media outlets are there to 'educate, inform and entertain'. If the media distort the facts and misinform their readers/audience, should they not be held accountable? If editorially responsible individuals restrict content within news and entertainment programming subjectively or due to commercial pressures, then are they not failing in their duty to protect the audience's right to receive information? Would this not also have the effect of restricting informed public debate and the public's ability to truly participate in democracy?
Given the recent referendum, new press regulatory bodies and a current proposal to rethink audio visual regulation across the European Union, this research is topical and timely. This proposed research will seek to establish if there are 'cracks' in the regulatory system which could have a detrimental effect on the audience's rights and suggest, if necessary, how these 'cracks' might be filled.

Publications

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Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/P00072X/1 01/10/2017 30/09/2027
1948844 Studentship ES/P00072X/1 25/09/2017 30/11/2021 Jennifer Young
 
Description I have worked on a project with a small team from the University of East Anglia on a Student Project with the Centre for Governance and Human Rights at Cambridge (CGHR) and the European Centre for Non-Profit Law (ECNL) to inform the work of the UN Human Rights Committee in drafting General Comment 37 on the right of peaceful assembly (Article 21 ICCPR). I also attended an expert workshop on this right.
First Year Of Impact 2020
Sector Government, Democracy and Justice
Impact Types Policy & public services

 
Description Expert Workshop on the Right of Peaceful Assembly Online 
Organisation European Center for Not For ProfitLaw
Country Netherlands 
Sector Charity/Non Profit 
PI Contribution I worked with a small team of researchers to produce a 'Research Pack' which took a broad review of materials relevant to the Right of Peaceful Assembly online. This work was done with a view to informing the work of the United Nations Human Rights Committee in drafting General Comment 37 on the right of peaceful assembly (Article 21 ICCPR).
Collaborator Contribution We (members of the UEA Law School), along with the Centre of Governance and Human rights from Cambridge University and the European Center fo Not-For-Profit Law, presented our work at a two day expert workshop to the UN Special Rapporteur and others from the Human Rights Committee.
Impact Law Psychology Digital Humanities
Start Year 2019
 
Description Expert Workshop on the Right of Peaceful Assembly Online 
Organisation University of Cambridge
Country United Kingdom 
Sector Academic/University 
PI Contribution I worked with a small team of researchers to produce a 'Research Pack' which took a broad review of materials relevant to the Right of Peaceful Assembly online. This work was done with a view to informing the work of the United Nations Human Rights Committee in drafting General Comment 37 on the right of peaceful assembly (Article 21 ICCPR).
Collaborator Contribution We (members of the UEA Law School), along with the Centre of Governance and Human rights from Cambridge University and the European Center fo Not-For-Profit Law, presented our work at a two day expert workshop to the UN Special Rapporteur and others from the Human Rights Committee.
Impact Law Psychology Digital Humanities
Start Year 2019