Definition of “Media” in Regulatory Framework

Abstract

The term “media” is not explicitly defined in any media regulatory framework and judicial decisions. This is due to the complixity of the characteristics of various types of media. Each type of media is unique; hence, defining a broad meaning of “media” to indicate the person or a group of people to be regulated by law can cause enforcement problems. This research concludes that the media regulations in the studied jurisdictions i.e. the European Union, Australia and Canada are to tackle particular type of media and consequently design certain rules which are appropriate to control that specific type of media. There are definitions of the regulated media with clear issues to be regulated. The fundamental principle to regulate media is to respect freedom of expression of the media and the people. Nevertheless, if there are issues of public interest such as to protect child audience and prevent hate speech, media freedom can be legitimately limited by law. Media regulation can be diversely designed depending on the characteristics of each type of media. It can be the law as a result of state’s control, co-regulation or self-regulation. Importantly, regulators should always take into consideration the different nature of various types of media, the effects of the regulations upon the society, related technology, and social norms. Some media issues may be governed by existing laws such as criminal law. Thus, if certain issues is not sufficiently or appropriately governed by existing laws, new regulations can be necessary. Nevertheless, the purposes of regulation must be explicit and the subject of regulation must be clearly defined.