Littérature scientifique sur le sujet « Mass media – Law and legislation – European Union countries »

Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.

The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.

The growing economic inequality around the world is recognized as a global problem of mankind. At the same time, the key tool for reducing inequality and ensuring the achievement of sustainable development goals is the taxation system given its distributive function. That is why this paper puts forward and proves a scientific hypothesis according to which direct taxation has a significant impact on economic inequality, with its scale and sphere depending on the level of economic development and the specific architecture of the tax system adopted in a particular country. The study relies on data from 28 European Union countries, including the United Kingdom, whose tax systems are not identical but harmonized in accordance with European Union directives, the same as the legislation in other economic sectors. Accordingly, it can be concluded that similar institutional characteristics are present. We have used the method of two-stage cluster analysis, which is meant for identifying the natural splitting of the mass of data into groups, then carried out regression analysis and built some models. The contribution of the study is revealing a number of important regularities that are significant for characterizing the dependence of income inequality on direct taxation as well as formulation recommendations for improving the tax policies of European Union countries, with the potential of policy implications. The results obtained can play a significant role in the development and further harmonization of tax systems and resolving the global problem of increased inequality within and between countries.

Summary Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.

The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

The diversity of media means not only a variety of content and multiplicity of media owners, but also a variety of types of media. Together with the traditional models of public service and private commercial broadcasting, the community media emerged as the “third level” of media development, which contributed to strengthening the freedom of speech. This article examines the organizational and legal aspects of formation of local public audiovisual media in Ukraine, their compliance with the standards and principles of media legislation of European countries, and provides the examples of development of local public broadcasting in the world practice. In addition, the international standards for community broadcasting, on which legislative and regulatory bodies rely, are analyzed. The objective of the study is to analyze, to systematize and to generalize the basic legislative norms for formation of audiovisual media communities in Ukraine as a separate media institution along with public, commercial broadcasting and broadcasting abroad. The bibliographic method was used to study and to analyze the legislative documents. With the help of the systemic method, the community broadcasting as an integral system mass media was considered. The comparative method was used to compare the legislative regulation of activities of media communities, recommended by the Council of Europe and represented in the legislation of Ukraine. The article outlines the main provisions of the draft Law of Ukraine “On Media” No. 2693-d. Comparing the Ukrainian legislative initiatives with the European experience, the suggestions and proposals for improving the financing system and the program policy of community broadcasting in Ukraine are presented.

Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.

An analysis of European standards and main trends in the field of legal regulation of forensic DNA analysis has been carried out. It has been established that the general European legislation defines recommendations on the general principles of using DNA analysis within the framework of the criminal justice system, establishes the obligation of each state to create and maintain a national DNA database, exchange information based on DNA databases, take measures to protect personal data, store DNA profiles of persons convicted of sexual offenses against children, to accredit forensic laboratories to ensure the proper quality of molecular genetic research. Taking into account the experience of European countries, it can be seen that a comprehensive approach to the improvement of domestic legislation, namely the implementation of the law on the national DNA database, the introduction of amendments and additions to the current Code of Criminal Procedure of Ukraine, other laws and departmental regulations regarding the use of DNA analysis in criminal proceedings, is a necessary prerequisite for bringing this area of law enforcement to a new qualitative level. Together with the adoption of the Law of Ukraine “On the State Registration of Human Genomic Information”, it is necessary to introduce changes and additions to the Code of Criminal Procedure of Ukraine in order to harmonize the provisions of these normative legal acts, which primarily concern the improvement of the procedure for obtaining samples for molecular genetic research. It has been substantiated that the experience of Germany and the Netherlands regarding the legal regulation of mass DNA testing at the stage of pre-trial investigation of serious and especially serious crimes can be useful for Ukraine. Taking into account the rapid development of forensic DNA analysis technologies and the introduction of the latest methods, which are characterized by a much greater degree of interference in the personal and family life of a person, compared to traditional methods of STR profiling, there is a need for a legislative definition of the permissible limits of forensic DNA research within the framework of criminal proceedings in Ukraine.

The article analyzes the current state of the mass media of the Republic of Bulgaria and the changes that have taken place in this area during the period of preparation and membership of the state in the European Union. The author emphasizes that in the process of European integration, the media played a key role, reflecting all social processes, the impact of European integration on the social and political life of the country in particular. The democratization of the society has contributed to a major transformation of the media system and methods of its management. The state was able to synchronize its media legislation with European norms and standards, which has created a positive dynamics of development in the media market, especially in the segment of TV and radio broadcasting. The process of Bulgaria’s preparation and accession to the EU has had a positive impact on the country’s media policy and media law. Currently, the main priority of Bulgaria’s foreign policy is the process of European integration and the media play a direct role in it. Joining the EU has allowed Bulgaria to achieve greater internal stability; use opportunities for the development of democratic institutions, including the media system. The Republic of Bulgaria has not yet reached the standards of the European information policy in the field of ethnic issues, but after joining the EU there are tangible positive changes in the improvement of this sphere. Commercial media have appeared in Bulgaria, which dissociated themselves from the state, changed their profile, looking for their audience. Due to the concentration of media ownership and increased investment in the media market of Bulgaria, the competition between commercial media has grown and there is now a tendency to commercialize media content. This has led to the spreading of a hybrid model of the press and its tautological audiovisual production. “Classical” censorship gave way to property censorship, which significantly limited the variety of media content and formats. A significant drawback at the level of the media system is the weak regulatory support for the transition to digital distribution of information.

Defence date: 5 November 2015
Examining Board: Professor Giorgio Monti, Supervisor-European University Institute; Doctor Rachael Craufurd-Smith, University of Edinburg; Professor Michal Gal, University of Haifa; Professor Peggy Valcke, Katholieke Universiteit Leuven.
Received the The Institute of Competition Law 2016 Concurrences PhD Award.
EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.

Defence date: 27 May 2015
Examining Board: Professor Bruno de Witte (European University Institute, Supervisor); Professor Loïc Azoulai (European University Institute); Doctor Rachael Craufurd Smith (University of Edinburgh); Professor Roberto Mastroianni (Università di Napoli).
This thesis explores the legal and institutional settings that contribute to the creation of general preconditions for the freedom of expression and, primarily, genuine pluralism to prosper throughout the European audiovisual media space. Taking into account the intense legislative and judicial activity on audiovisual media matters in the European Union (EU) and bearing in mind the developments brought about by new digital communications and technological convergence, the analysis focuses on the institutional forms and modes of governance for the media that are apt to foster an effective and consistent supranational approach to the fundamental objective of media pluralism and the values it involves, considering notably the role and functioning of Independent Administrative Authorities (IAAs) for the media. To this end, the three Parts into which the Thesis is divided deal with, respectively: the notion of media pluralism and its employment in EU law, highlighting the limits of classical hard-law based approaches (Part I); an examination of the institutional features as well as the operation of three national IAAs for the media – namely, the French Conseil Supérieur de l'Audiovisuel (CSA), the UK Office of Communications (Ofcom) and the Italian Autorità per le Garanzie nelle Comunicazioni (AGCom) – selected as case studies to illustrate the role of these bodies in securing media pluralism (Part II); the investigation of EU action in setting the necessary institutional preconditions and some specific related requirements to guarantee attainment of this objective, also looking in some detail at the legislative developments that have occurred in comparable sectors, such as data protection legislation, equality law and electronic communication regulation, before considering the arrangements in place at the supranational level, as well as the incipient ones in the governance of audiovisual media (Part III).

Defence date: 17 May 2005
Examining board: Prof. Bruno De Witte (Supervisor, European University Institute) ; Prof. Rachael Craufurd Smith, University of Edinburgh ; Prof. Roberto Mastroianni, Università Federico II di Napoli ; Prof. Hans Ullrich, European University Institute
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.