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Public Broadcasting Service, New Technologies and the constitutional principles

  • Abstract

Informations and abstract

Keywords: Broadcasting; Public Service; Constitution.

The paper focuses on the mission of public service broadcasting on new media platforms. Does the traditional notion of «public service» change under the influence of new technologies? And under this new notion is the programming of the Italian Public Broadcaster compatible with Constitutional law and citizens' needs? The introduction of new obligations as a result of the widening of the services provided by the public broadcaster needs to be based on the balancing of three main values: the market, technological innovation and public interest. The Communication from the Commission on the application of State aid rules to public service broadcasters has introduced a so called «ex ante test», implemented in different European countries, to evaluate (and balance) the added public value of the new services and their possible market impact. From a domestic point of view, the paper notes how the legislative proposal to reform the Italian public broadcasting system leaves these questions unanswered. The essay advocates the introduction of a «public value test» in the Italian legislation as an instrument to promote social cohesion through access to public broadcasting on new media platforms.

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