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Daithí Mac Síthigh - Medium Law

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Why should anyone care about the medium of communication today, especially when talking about media law?

In todays digital society, many emphasise convergence and seek new regulatory approaches. In Medium Law, however, the medium theory insights of Harold Innis, Marshall McLuhan and the Toronto School of Communication are drawn upon as part of an argument that differences between media, and technological definitions, continue to play a crucial role in the regulation of the media. Indeed, Mac Sthigh argues that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance. This is demonstrated through the exploration of the regulation of a variety of platforms such as films, games, video-on-demand and premium rate telephone services. Regulatory areas discussed include content regulation, copyright, tax relief for producers and developers, new online services, conflicts between regulatory systems, and freedom of expression.

This timely and topical volume will appeal to postgraduate students and postdoctoral researchers interested in fields such as Law, Policy, Regulation, Media Studies, Communications History, and Cultural Studies.

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Medium Law Why should anyone care about the medium of communication today - photo 1
Medium Law
Why should anyone care about the medium of communication today, especially when talking about media law?
In todays digital society, many emphasise on convergence and seek new regulatory approaches. In Medium Law, however, the medium theory insights of Harold Innis, Marshall McLuhan and the Toronto School of Communication are drawn upon as part of an argument that differences between media, and technological definitions, continue to play a crucial role in the regulation of the media. Indeed, Mac Sthigh argues that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance. This is demonstrated through the exploration of the regulation of a variety of platforms such as films, games, video-on-demand and premium rate telephone services. Regulatory areas discussed include content regulation, copyright, tax relief for producers and developers, new online services, conflicts between regulatory systems and freedom of expression.
This timely and topical volume will appeal to postgraduate students and postdoctoral researchers interested in fields such as Law, Policy, Regulation, Media Studies, Communications History, and Cultural Studies.
Daith Mac Sthigh is Professor of Law and Innovation at Queens University Belfast.
Routledge Studies in Law, Society and Popular Culture
www.routledge.com/Routledge-Studies-in-Law-Society-and-Popular-Culture/book-series/RSLSPC
Series Editors: Steve Greenfield and Guy Osborn
School of Law, University of Westminster, UK
1 Cricket and the Law
The Man in White is Always Right
David Fraser
2 Gigs
Jazz and the Cabaret Laws in New York City, Second Edition
Paul Chevigny
3 Readings in Law and Popular Culture
Edited by Guy Osborn and Steve Greenfield
4 Television and the Legal System
Barbara Villez
5 Voicing Dissent
American Artists and the War on Iraq
Violaine Roussel and Bleuwenn Lechaux
6 Medium Law
Daith Mac Sthigh
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2018 Daith Mac Sthigh
The right of Daith Mac Sthigh to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-67771-5 (hbk)
ISBN: 978-1-315-55938-4 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
For Blthnaid
The convergence of media law and Internet regulation has caused some to question the need for medium-specific laws: a claim firmly rebutted in this comprehensive review of medium-specific law basing itself on the insight of the Toronto School scholars Innis and McLuhan. Mac Sthighs excellent monograph provides meticulous case studies in the vagaries of medium law, essential reading for all those interested in the construction of medium-specific regulatory regimes, their evolution and their continued relevance.
Chris Marsden, Professor, Sussex Law School, University of Sussex, UK
Medium Law provides a rich and detailed overview of the tensions that exist in some of the less-charted areas of UK media law from the regulation of online radio and video games, to live relay of opera in the cinema, music apps, and video-on-demand. Mac Sthigh challenges us to reconsider the role of the medium, alongside the message, in framing our media regulation of the future. Rachael Craufurd-Smith, Reader in EC Law Director of Learning and Teaching,
University of Edinburgh, UK
This timely and highly ambitious book confronts head-on the debate on the development of technology-neutral, future-proof legislation across media platforms. By providing a careful and in-depth analysis of the laws concerning radio, film, TV, games, on-demand services and other entertainment platforms, this insightful book explains why the medium will continue to play a pivotal role in media regulation. Highly recommended.
Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law, USA
Contents
  1. i
  2. ii
  3. vi
Guide
United Kingdom: Supreme Court, House of Lords, Privy Council
Animal Defenders International v. Secretary of State for Culture, Media and Sport [2008] UKHL 15
British Amusement Catering Trades Association v. Westminster City Council [1989] AC 147
Eclipse Film Partners v. HMRC [2016] UKSC 24
Harrow LBC v. WH Smith [2001] EWHC Admin 469
Hebbert v. Purchas (18691871) LR 3 PC 605
Kay v. Metropolitan Police Commissioner [2008] UKHL 69
R (Public Law Project) v. Lord Chancellor [2016] UKSC 39
Westerton v. Liddell (1857) Moores Special Report
England and Wales
AG v. Fulham Corporation [1921] 1 Ch 440
Associated Provincial Picture Houses v. Wednesbury [1948] 1 KB 223
Barbara Rees Ltd v. Cardiff City Council [2006] EWHC 1617 (Admin) 24
Brown v. Nugent (18711872) LR 7 QB 588
Butler v. Derby City Council [2005] EWHC 2835 (Admin)
Davis v. Westminster City Council [2012] EHWC 2303 (Admin)
Ellis v. Dubowski [1921] 3 KB 621
Elphinstone v. Purchas (18691872) LR 3 A & E 66
ICSTIS v. Andronikou (liquidators of Allied Communications Ltd) [2007] EWHC 2307 (Admin)
Interfact v. Liverpool City Council (no 2) [2010] EWHC 1604 (Admin)
Keep Streets Live Campaign v. London Borough of Camden [2014] EWHC 607 (Admin)
Kent County Council v. Multi Media Marketing (Canterbury) [1995] TLR 263
London CC v. Bermondsey Bioscope [1911] 1 KB 445
Mills v. London County Council [1925] 1 KB 213
Navitaire v. EasyJet [2004] EWHC 1725 (Ch)
Norowzian v. Arks [2000] FSR 363
Nova Productions v. Mazooma Games [2006] EWHC 24 (Ch)
Nova Productions v. Mazooma Games [2007] EWCA Civ 219
Peakviewing (Interactive) v. Secretary of State for Culture, Media & Sport [2002] EWHC 1531 (Admin)
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