Broadcasting Regulation and the Public Interest

2016 ◽  
Vol 93 (4) ◽  
pp. 946-966 ◽  
Author(s):  
Avshalom Ginosar ◽  
Or Krispil

This study addresses the potential connection between media regulation and public interests. While investigating two Israeli media regulatory authorities, the study’s findings indicate that there is a difference between an Independent Regulatory Agency (IRA) and a governmental agency regarding the place of public interests and that both institutional and substantive consideration affect the extent to which public interests are the core of media regulatory policy. The study’s design and findings enhance the trend of bringing back the public interest theory to the center of media regulatory agenda on the expense of the competitive theory, the private interest theory.

2019 ◽  
Vol 11 (2) ◽  
pp. 87-106
Author(s):  
Marcelo Cesar Guimarães

Purpose – This study aims to demonstrate that companies are not free to operate in the e-commerce field, notably with regard to geoblocking and geopricing practices, since they must duly respect constitutional economic order principles. Methodology/approach/design – The methodology of the paper is based on Mike Feintuck’s public interest theory, according to which there are values beyond those of market economics that should be preserved, often to the detriment of private interests. Furthermore, the Decolar.com case is used as an empirical case study. Findings – It has been identified that geoblocking and geopricing practices can effectively violate constitutional principles and that consumer and antitrust microsystems can suppress those conducts, shaping the performance of economic agents to the public interest. Practical implications – The results of this article indicate that consumer and competition agencies can act more actively to curb the harmful geoblocking and geopricing practices.


2019 ◽  
Author(s):  
Marumo Omotoye

This is a revised version of a conference presentation that was delivered by the author. The paper is based on a review of literature on policy capture and public interest theory.


2019 ◽  
Author(s):  
Marumo Omotoye

This is a revised version of a conference presentation that was delivered by the author. The paper is based on a review of literature on policy capture and public interest theory.


2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dewi Rosiana ◽  
Achmad Djunaidi ◽  
Indun Lestari Setyono ◽  
Wilis Srisayekti

This study aims to describe the effect of sanctions (individual sanctions, collective sanctions, and absence of sanctions) on cooperative behavior of individuals with medium trust in the context of corruption. Both collective sanctions and individual sanctions, are systemic, which means sanctioning behavior is exercised not by each individual but by the system. Cooperative behavior in this context means choosing to obey rules, to reject acts of corruption and to prioritize public interests rather than the personal interests. Conversely, corruption is an uncooperative behavior to the rules, and ignores the public interest and prioritizes personal interests. Research subjects were 62 students. The Chi-Square Analysis was used to see the association between the variables and the logistic regression model was applied to describe the structure of this association. Individual sanction is recommended as punishment to medium trust individuals to promote cooperative behavior in the context of corruption. The results showed that individuals with medium trust had more cooperative behavior.


Author(s):  
A.P. Ushakova ◽  

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.


2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.


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