Making a difference? Public service broadcasting, distinctiveness and children’s provision in Italy and Spain

This article evaluates the performance of public service broadcasters in the area of children’s television in Italy and Spain. It asks: how distinctive is the output of public service children’s channels? As core area of public service provision, children’s television represents an important testing ground for wider debates about the distinctiveness of public service broadcasting in a digital age. Public broadcasters in Southern Europe have historically been more vulnerable to market pressure than their counterparts in continental and Northern Europe, and this is believed to have impacted negatively on their ability to maintain a distinctive public service profile. After engaging with debates on distinctiveness in order to develop a framework for the analysis, the article presents the results of a two-week analysis of the TV schedules of the main children’s channels operating in the two countries. It finds evidence that in both countries the output of public service children’s channels is distinctive to a degree, but also that there are important gaps in public service provision as well as some significant differences between the public service children’s channels analysed.

A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.