Table of Contents

Transnational Culture in the Internet Age

Transnational Culture in the Internet Age

Elgar Law, Technology and Society series

Edited by Sean A. Pager and Adam Candeub

The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet’s astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities.

Chapter 8: Diminished, Enduring, and Emergent Diversity Policy Concerns in an Evolving Media Environment

Philip M. Napoli

Subjects: innovation and technology, technology and ict, law - academic, intellectual property law, international economic law, trade law, internet and technology law, politics and public policy, public policy


Philip M. Napoli 8.1 INTRODUCTION Technological and institutional changes in contemporary communications systems are forcing both policymakers and policy researchers to re-examine the role and function of diversity as a communications policy principle.1 As a recent study on the tightly related principle of media pluralism prepared for the European Commission noted, “Technological and economic changes .  .  . are affecting established media and communications sectors . . . Traditional policy approaches . . . that were developed in an earlier era are being strained by these changes and there is a growing need to develop policy approaches appropriate for the contemporary and future environment.”2 Reflected in this statement is the fact that the reduced barriers to entry to content production and distribution brought about by the Internet have led (at least superficially) to increases in available content, as well as to dramatic increases in the range of sources from which content can be obtained. Individuals and organizations of various stripes now stand alongside traditional media institutions as producers and distributors of content.3 On a superficial level, these technological developments address 1 See generally, Kari Karppinen, Rethinking Media Pluralism and Communicative Abundance, 11 Observatorio J. 151–69 (2010); Bruce M. Owen, Old Media Policy Failures, New Media Policy Challenges, John M. Olin Program in Law and Economics Working Paper No. 378 (July, 2009). 2 K.U. Leuven, Jonkoping International Business School, Central European University, & Ernst & Young Consultancy, Independent Study on Indicators for Media Pluralism in the Member States – Towards a Risk-Based Approach. Report, 9 (2009). 3 See generally, IDATE Consulting...

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