THE CONCEPT OF ADMINISTRATIVE AND LEGAL MECHANISM FOR SUPERVISION AND CONTROL IN THE MEDIA SECTOR

Abstract

The article examines the concept of the administrative and legal mechanism of supervision and control in the media sphere. It does so in the context of the media law reform that followed the adoption of the Law of Ukraine «On Media» of 13 December 2022 No. 2849-IX. The author argues that this reform changed the nature of state influence on media relations. Regulation by the technology of information distribution gave way to a single law. That law covers audiovisual, print and online media, audiovisual service providers and video-sharing platform providers. The study is methodologically grounded in the instrumental approach to the category of «mechanism». The doctrinal distinction between the concepts of «control» and «supervision» is analysed, along with their synonymous use in the Law of Ukraine «On Media». The paired construction «supervision and control» is shown to reflect the hybrid nature of the media regulator’s competence. The relations between the National Council of Television and Radio Broadcasting of Ukraine and media entities are supervisory in nature. At the same time, the regulator holds regulatory powers that are characteristic of control. The author proposes a definition of the administrative and legal mechanism of supervision and control in the media sphere. The normative subsystem of the mechanism is described. It comprises constitutional, legislative, subordinate and international legal levels. Particular emphasis is placed on the case law of the European Court of Human Rights as a source of law. The institutional subsystem is also outlined. Besides the National Council, it includes the Antimonopoly Committee of Ukraine, the communications services regulator, the central executive authority in the information sphere, the Central Election Commission and co-regulatory bodies. Special attention is paid to the co-regulation model as a novelty of media law. This model involves the media community in developing rules and in defining the limits of the regulator’s jurisdiction.