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Jens Cavallin

IAMCR Mexico July 2009



Media concentration - a drama of expectations in human rights

Old principles and the trinity of old threats


This is a crude pre-print. Foot-notes are at the foot!



The UN Declaration of Human Rights (Art 19) as well as regional legal instruments

such as the European Convention of Human Rights in its Article 10 lay down the

freedom of expression and information as a human right.

Threats against this human right might, historically and in our present time, come

from basically three sides, or social sectors:

1) states and their tyrants, (“the public”1)

2) private operators, market controllers (the private)m,

3) organised interests (the civil society - legal or illegal) .

These three social sectors also are also reproduced in three categories of actors –

individual or collective – discerned in an analysis of interplay between participants in

any kind of social processes, such as production, consumption, and communication.

Looking at processes of deployment of power in cultural production, from a

perspective of action might mean at least two things.

First: it reserves a margin of freedom for human action, distinguishing it from mere

“behaviour” or “mechanic” movements (instincts).

Second: it also introduces a possibility to look at these processes “from outside” –

exploiting the metaphors of theatre or scenic action, employed by Erving Goffman

and many others after him.

Although this perspective is also to some extent always a perspective “von oben” –

seemingly from a “neutral” observer – that is, in a certain degree slightly

contradictory, since obviously the observer, viz. the scholar, is also acting within a

cultural production field, scientific research, it is rewarding from a particular point of

view. This is the obligation to refrain somewhat from the moralistic attitude so often

surrounding judgements on media ownership, regulations on cultural production etc.

This moralism is often also accompanied by a cynical attitude towards the exercise of

power in democratic societies – an attitude which should, to my mind, be reserved for

non-democratic structures.

The heading of this paper should thus be understood in a spirit of a cultural approach

rather than a spirit of cynical or moralistic condemnation.

Basically, however, the vantage point of observation proposed here is the perspective

of threats invalidating the exercise of the human right of freedom of expression and

information. This is a matter of degrees, mostly, but sometimes a matter of

“qualitative” difference: the right of information and freedom of expression might be

ever so beautifully inscribed in constitutional law, ordinary law, and abound in

political rhetoric but nevertheless nonexistent. Actually, nobody who takes care in

1 A quotation mark is required, to prevent the impression that all state authority is public authority – res

publica is, after all, the ”cause of the people”, thus not the interest of a tyrant who has the power over

a state…

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being informed or performing a rudimentary analysis of this basic human right could

pretend to be ignorant of the real life in this respect.

Several international organisations, governmental and non-governmental, have

established continuous monitoring mechanisms in order to monitor the degrees or

existence of the real exercise of this right. The recently completed report to the

European Union on the establishment of indicators of media concentration is built

upon the perspective of risk, which is another way of looking at threats2.

Mind and power

In political life, notably political debates, there is a “loop” of the human right of

freedom of expression and power interplay: in order to exercise power it is necessary

to be informed, but those who are deprived of power (dis-empowered) retain their

position as a basis (subjects) for the powerful. After all, to have power means: to be

able to decide over other, preferably human, beings. Even a tyrant is powerless

without his subjects. Having power means also to act, that is, to impose one’s “will”

on the environment. There are limit cases, obviously, since also a cat has power over

a mouse, but the system of studying human beings and collectivities presupposes that

action, responsibility, resistance and power are valid concepts, indeed crucial to the

understanding of the difference between human societies (culture) and “nature” in

general.

The rule of law involves a plurality of partners: even if both law-making and lawbreaking

are generally defined in relation to the public sector, they require, by

definition, several actors, coming from diverse sectors of society – here subsumed

under the main categories of public, private, and civil society.

It is an inter-play, in that legislators, law-makers – whether tyrants or civilised

politicians – are dependent on other actors in the social field.

This paper, focussing on their dependence on media actors, seeks to inquire into the

aspect of how media controllers control legislation on media.

One extreme, and fascinating, example of the interplay between a tyrant and the

media is the outbreak of the Second World War. Hitler, whose aggression had no

moral or rational justification, still found it necessary, and profitable, to announce his

attack on Poland in a radio speech, even inventing some moral justifications for his

aggression, as if someone controlled or supervised his action. It might be a matter of

scholarly interest to understand whether this drive towards faked justification had a

background in the theoretical legal discourse on sovereignty and its bases, developed

by the legal theorist Carl Schmitt, who was one of Hitler’s faithful supporters, but

who has in recent times aroused renewed interest because of his radical investigations

2 I have myself in other texts proposed this approach on several occasions – inspired by the programme

launched by the London School of Economics and Political Science, but also by more general risk

studies, such as those presented in the debates on nuclear power, by e.g. Isaac Levy, within a

framework of game theory and probability calculus. The perspective dominates much of ethical debates

in analytical philosophy.

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into the theories of the foundations of law and power, focussed 3on the notion of

sovereignty. Japan’s attack at Pearl Harbour was not, to my knowledge, preceded by

this kind of “justification in media”.

This extreme and terrible background is even more brightly illuminated by the

common saying that Stalin’s constitution of 1936 is one of the most democratic and

beautifully constructed legal pieces of work in constitutional history, save for the right

to nominate candidates for the Supreme Soviet, reserved to a few

organisations….(Article 141) .

Even the bloodiest tyrants of the modern world thus seem, astonishingly, to take

recourse to proclaiming beautiful or at least rational and comprehensive expressions

for their terror. This is not, it seems, an exception – especially if one includes

religious “higher order justifications” of cruel actions – rather it is, historically and

still today, common practice. Paradoxically, despite the hypocrisy and cynicism in

these proclamations, this practice implies a corroboration of what is rightly termed

“idealism”, as for example pronounced in the preamble to the constitution of the

United Nations Educational, Scientific and Cultural Organisation (Unesco):

This branch of the UN system is precisely entrusted with “matters of the mind” or

“cultural production” in a wide sense. Whatever the notion of “mind” stands for in

English, it marks the distinction from a domain where only physical and “material”

(just as ambiguous as “mental” or “spiritual”, or “ideal”) relations and objects are

taken into account. This highly complex philosophical distinction is decisive for the

wide application of the notion of “culture” in later social theory, for example by

Bourdieu, extending this notion to philosophy, art, judicial systems, scholarly

research, and the media. Ernst Cassirer, (1924, 1945) in many ways a predecessor to

some of Bourdieu’s thoughts, also included language and myth/religion in his notion

of culture. These notions are still narrower, however, than many other notions, such as

“anthropological” notions – catalogued by Kroeber and Kluckhohn (1952) into

roughly 160 diverse senses….

The notion of power is a notion extending from a rather physical use to social theory,

and psychology – reaching back to Aristotle’s dichotomy between energy and force or

reality/actuality and potentiality (ενεργεια and δυναμισ), as an ontological

dichotomy linked to the distinction between form and matter, matter representing in

some sense the possibility. The complexity of this matrix of distinctions, further

elaborated by Scholastic philosophy is reflected in the complexity and richness of the

notion of power in Western social theory (for a good overview cf. Lukes 19xx), and

treated by many philosophers and political theorists, among those Hannah Arendt

may be singled out as one of the more prominent ones.

Now, whatever it is, power is a systemic notion – it takes two, at least, to exercise

power… And power is, by definition, not action, but the system in which action takes

place. Power is, (tautologically!) potential.

3 Schmitt has been studied by many recent philosophers and theorists, e g Derrida, Agamben etc. It is

rather common to draw a line between Schmitt’s radicalism and complicity in the Nazi terror on one

hand and Nietzsche’s ”nihilism” as to the origin of morality on the other – though this association is

completely anachronistic and in itself a result of a conscious fraud by Nietzsche’s sister.

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Law and power

Now, law in the normative sense (not the descriptive “natural-law”- sense) is also the

expression of power relations – in a complex way: law does not “tell the truth of

power relations” directly, as Stalin’s constitution teaches us. But still, law expresses

such relations. Law “prescribes” – though prescription also presupposes description

and expression – as is well demonstrated by theories of “speech acts”, first formulated

by Adolf Reinach (“Sprechakte”) in the beginning of the last century (1913), then by

Karl Bühler (1934) in his “Organon theory of language” and Ludwig Wittgenstein

(1952) and finally by those who have, in the Anglo-Saxon world, commonly been

given credit for these theories, J L Austin and John Searle (1969).

The complexity and ‘complicity’ of legislative processes

Wittgenstein is known for his analogy between language and games – figuring the

systemic nature of language – and its nature of being embedded in human life-forms,

and symbol systems of other kinds, and as noted already suggested by the

phenomenological philosopher of law Adolf Reinach before the First World War.

This analogy has been, ad nauseam, exploited in the most diverse contexts, in

colloquial language, cultural debates and philosophical discourse. It is also – not too

often observed – the crucial concept opening up, 30 years ago, for the powerful

current of theoretical thought in many disciplines, labelled ‘post-modernism’ by Jean-

FranНois Lyotard in his La condition post-moderne (1979). The label of postmodernism

actually marks a stream of thought which might already appear as outdated,

being itself the topic of historical celebrations - fashions come and pass.

Now, language viewed as a game, paralleled by social or cultural ‘discourse’, (or in

Ludwik Fleck’s terms already in 1937: ‘style of thought” Denkstil) prevailing in a

certain society or subculture, provides a ground for a systematic study and analysis of

the diversity in societies. This diversity might be “agonistic”, that is, to use Lyotard’s

term, involving irreconcilable but still co-existing styles of thought, or “antagonistic”,

that is, leading to inevitable conflict and ultimately the defeat of one of the competing

styles of thought.

Viewing law-making in this both slightly cultural and philosophically ‘perspectivist’

light, permits both a modest and a universalistic approach. It is modest in the sense of

observing the possibility and aspirations of validity of diverse, mutually nontranslatable

systems of law and philosophies of law. But it is also universalistic in the

sense of rejecting this pluralism as leading to the necessary conclusion of inertia or

indifference of relativism in establishing common understandings and validity of

values. In fact the negotiation between diverse systems of values is no less a hard fact

of life than the establishment of rates of exchange of different currencies – albeit

more complex. On an international macro-level we live through such processes

organised since nearly a century around, for example, international organisations or

scholarly exchange, and equally on innumerable micro-levels from families and

upwards in all social groups and institutions, political forums and assemblies, parties,

governments etc. negotiations are constantly being performed.

Seeing the process of making law as a process of negotiation between diverse

aspirations, or formulated values, by groups, interests or political layers, brings us

closer to the style of language chosen for describing some Scandinavian

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(predominantly Swedish) experiences in the field of (mostly constitutional) legislation

on human rights.

Regulating freedom of expression has long centred around the long battles over the

issue whether and to what extent commercial principles of a free market economy

and/or the right of citizens to enjoy a diverse political structure of information and

debate should be balanced in explicit law. “Law” ranges in this context from

professional rules, ethical regulations on accountability, over local bye-laws and

ordinary law up to the constitutional level, anchored in international declarations (e.g.

the UN Declaration) and binding conventions such as the UN covenants on Social and

Economic rights, the European Convention on Human Rights etc.

The process of legislation on human rights, notably dealing with the “ideal” world of

cultural production itself, is a particularly complex game of power. Immaterial

products are not possible to lock into definite places, and, consequently possible to

disseminate and reproduce, in many places and many minds. This quality of

immaterial objects illustrates the character of a drama of regulating freedom of

expression. The drama might have deadly consequences, for sure, in some situations

and countries, and more playful, even ironic or comical effects in other places and

countries. You might be tempted to laugh (or cry, such as in the case of the Stalin

Constitution of 1936 – whose article 125 secures freedom of speech and of the press)

in reading some constitutional texts on human rights, notably in the field of freedom

of information and expression.

Viewing this field as a game or a drama might sound like a blasphemy to those

engaged – even at the expense of their lives - in the processes of writing bills of law,

fighting against censorship, or enforcing the rule of law against capricious, corrupt or

malevolent rulers. Nevertheless it represents the structure of a special kind of

interplay on several levels, in the cultural production sector between rulers and the

ruled, viz. the regulators of the conditions of production and the producers of cultural

products.

It is an interplay – not only in the usual sense of the need of legislators in a

democratic structure to secure re-election by not challenging too much their voters,

but in a more complex or multi-layered manner, also illustrating the theoretical

ambitions of both systems theory, semiotic theory, and discourse analysis, to

emphasize the multiplicity of levels of expression. The “said” and the “un-said” (in

Foucauldian terms), that is, what is taken for granted and what is explicitly stated, are

dependent on each other, just like, on a basic level, the use of any language

presupposes the vocabulary, grammar, and semantics of that very language. Saying is

just one motion in a language already existing as an immaterial artefact.

Law‐making is saying, prescriptive saying

It may be a pleasant thought for law-makers, jurisprudence theorists and lawpractitioners

(lawyers) that the legal world is a kind of closed universe or discourse –

not dependent on or even related to the social environment, moral convictions or

cultural structures. Some theorists have even developed this thought into a

comprehensive philosophy of law, or, ideology, viz. “legal positivism” (Hans Kelsen).

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The weakness of such a position is demonstrated by the case of law-making in the

field of cultural production, notably the media. But it was also, more radically,

challenged by the above-mentioned (notorious Nazi, but today increasingly studied)

political theorist Carl Schmitt with his analysis of political sovereignty and the

foundations of political power (he termed his own study “Political Theology”). Lawmaking

presupposes power over law, and this power is what is usually termed

sovereignty: the situation preceding regulation, most importantly laying down the

forms of ruling themselves, that is constitution (written or un-written).

Law-making in the field of cultural production is law-making on the process of lawmaking

itself, both in the sense of law-making being regarded as one category of

cultural production4 and in the sense that law-making is part of a social process

involving exchange of expressions, debate etc. It is a normative ‘loop’ in the sense of

regulating how the processes leading up to making new laws on how to make laws are

to be constituted. In the particular case of media, this might be viewed as a kind of

“drama of expectations” since the the media are always involved in the law-making

processes of public opinion in genuinely democratic pluralist states, but also mostly,

though controlled by authoritarian interests, in undemocratic states. Hitler’s radio

speech in 1939 has been noted, although not being a case of changing media

legislation, supplying an extreme example of a political will to ‘justify’ even a

monstrosity, by way of using the media.

The drama might be, schematically, described as a complex game involving Ruler and

Media, staged as follows:

”you (Media) know that I can legislate, but I (Ruler) am dependent on what

you say about me, therefore I have to listen to you and formulate myself so as

to be integrated in your way of speaking… “

It has, however, also been outlined by the father of Liberal market economic theory as

follows:

………“The proposal of any new law or regulation which comes from

[merchants], ought always to be listened to with great precaution, and ought

never to be adopted till after having been long and carefully examined, not

only with the most scrupulous, but with the most suspicious attention. It comes

from an order of men, whose interest is never exactly the same with that of the

public, who have generally an interest to deceive and even to oppress the

public, and who accordingly have, upon many occasions, both deceived and

oppressed it.”

Adam Smith, The Wealth of Nations, Book I, 1776 (final sentences).

In the public sphere Media controllers have interests in not being controlled by states

(Rulers), i.e. maximal freedom from interventions and restrictions. Rulers have

4 This perspective is rather easy to adopt for ”primitive” societies, notably those without written

languages. Literate societies tend to ignore the link between cultural production and law-making, or

production of norms in general, included, quite properly, in the spheres of cultural production by

Bourdieu. Martin Luther’s dictum Sola Scriptura (the Scripture alone) expresses this kind of essential

oblivion of the nature of law-making in literate societies – as a contestation of the Catholic recognition

of oral tradition and the Sacred Office as its bearer...

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interests in being backed up by Media, and thus avoiding conflicts, but also trying to

gear media structures (including regulations) so as to avoid too much exposure to

media criticism. In a genuinely democratic structure the last aspiration is of course

close to null, but most democratic rulers also aspire, in some way or another, to

control the ways public administration could be attacked or undermined (as the

aspiration is preferably expressed by Rulers).5

The general public is dependent on Media for their information, that is, the general

public elects (if democracy!) Rulers – who are dependent on Media for re-election.

The drama may involve many categories on both sides. Both public, private and civil

society organisations (professional groups, parties, churches, other religious groups,

trusts) control parts of media, but are also dependent on media.

Cultural production in other spheres (arts, science, education) is also dependent on

media. Control over media thus gives control of many other forms of cultural

production – as suggested by the approach suggested by Bourdieu in e.g. “On

Television” (1996) .

In reflecting upon the context of law-making depicted as a “drama” the roles of

actors, the metaphor, despite its banality, is thus particularly pertinent.

Actors (individual or collective) in all three sectors – the delimitations of which are

possible to contest, as all categorisations in the sciences6 – have accordingly to be

considered in approaching the conditions and predicaments (the stage) of the drama of

expectation suggested. Clearly the “civil society” sector could not be restricted only to

the legal organisations – account has to be taken to both criminal, corrupt and just

ordinary informal social structures, influencing the process of law-making.

New questions around new media structures

It is probably necessary – although in detail it will not be attempted here - to draw up

a kind of matrix in matching the three social sectors with the incursion of “new media

technology” so as to present a structure taking its diverse impacts on the diverse

sectors of society into account. In various, rather complex, manners new media

technology intervenes in the drama of expectations between Media and Ruler.

Questions might be formulated along the following themes, for example:

1. Internet: do new structures in media liberate the ordinary user from, or , on

the contrary, give more power to old controllers? (C. Edwin Baker). Is

”Hacking Capitalism” (SЪderberg) an illusion? What about the replacement of

”Surveillance (Foucault) – by sous-veillance” by way of new media?

2. Scientific publications: in what way does the traditional system of cultural

capital in the academia (peer review, reputation, university status) – both

linked to state (financing most research and education), and private publishing

5 An excellent overview of such mechanisms in Post-Communist Europe is provided in Andrei Richter

(xxx) –for a continuous polemical satirical monitoring of such efforts Le Canard EnchЙinО in France

offers the most powerful example, every week, for every President of the French Republic…

6 (Foucault! 1966!) Gramsci’s inclusion of business life in the civil society sector illustrates this

ambiguity of broad-line categorisations – The Market is thus not unambiguously part of the Private!

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enterprise – change when venture capital takes control over editing companies

on one hand. On the other hand: Is Open Access a challenge or just a fringe?

The protection of immaterial property – is it a cover for undue restrictions to

freedom of expression and scholarly creativity or a promotion?

3. Entertainment industry: does downloading of music/film inaugurate a new gift

economy or is it a marginal phenomenon, upholding for the old media

conglomerates continued control of markets? Entertainment industry – being

increasingly intertwined with ”serious” media (news, current affairs, political

opinion forums) - does it acquire (Bourdieu) control over media, arts,

education and scholarly publications?

4. How is ”the real pluralism of free information” related to control of markets,

that is, the reality of human rights vs. the formal lip-service in this new media

structure? If no market pluralism of companies or of economically

independent editorial units prevail, is there freedom in the true sense?

A national drama of expectation – a case story

In 1766 the Swedish parliament (Riksdagen) adopted the first regulation in the world

on the freedom of expression. This law lasted only six years, when the king made a

coup d’Оtat and completely eliminated in February1789, four months before the start

of the French constitutional assembly (June 20), marking the start of the Revolution.

The king was murdered in 1992 and his unhappy son deposed – after losing half his

kingdom – in 1809, when constitutional rule was re-established and with it a law on

the freedom of expression, though with reserves. Also the moribund Polish nobility

republic adopted a constitutional law on the freedom of expression in 1791.

Thus not only the English Bill of Rights and proposals of philosophers of the

Enlightenment, but also constitutional regulations were established before the French

Revolution and the US First Amendment adopted in 1789 and ratified in 1791.

Recognition of the idea of freedom of expression, and of the press, has since then

become an integrated standard element in all constitutional (real or faked) and/or

democratic governance. This idea remains not only the basis for discussions on the

functions of media in society, and of the interplay between public affairs and media

structure but also for democracy as a whole, and, as expressed in the solemn preamble

to Unesco’s constitution, ideas constitute the bulwark of peace as such.

‘Since wars begin in the minds of men, it is in the minds of men

that the defences of peace must be constructed’.

From that fundamental interplay between cultural production and power – public and

private – stems the nervous tension governing public relations to media production.

This tension could be termed a “drama of expectations” , using an expression once

suggested by the German media scholar Gerd Kopper7.


7 I have not, unfortunately, been able to locate this expression in Kopper’s written production, only in a

lecture held at Göteborg, Sweden in 1994

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It goes without saying that the drama of expectations between partners in cultural

production and law-makers is differently staged under different social and political

conditions. Hallin and Mancini (200xx) have suggested a widely used classificatory

scheme of political structures as a background to diverse media set-ups and working

conditions. Sweden is classified as a structure of “democratic corporatist”

organisation. Whether this is still adequate – or whether the classification hits the

most important factors – might be discussed, but the very circumstance of the

diversity of conditions remains, of course, to be taken into account whenever attempts

at generalisations, or suggestions of models, analogues etc. are brought forward.

Market conditions, political and technological structures have provided the

framework for both regulation and political predicaments in democratic,

undemocratic, constitutional and unconstitutional governance ever since the

beginning of communication as an element in the exercise of power. No politician,

whether a tyrant or an elected representative, is independent of communication

structure, and in modern societies reproduced communication content structure, even

in very small communities in isolated areas. Finally, there is no better defence for an

“idealist” position in political theory – to say that the “superstructure” of cultural

production determines the “basis” of economic, technical and “material” conditions

(conditions of production) in terms of relations of power, rather than the opposite….

The following short story of the drama of expectation in my own country – centred on

the issue of concentration of media ownership – might illustrate how a country,

adopting the oldest constitutional law on freedom of expression in the world, has

lived through this drama in a rather recent period. The story has parallels in the other

Scandinavian countries, though sometimes surprising differences appear.

Most of the Swedish “history of the mind” after 1766 is a story of growing freedom of

expression, and a growing pluralism of the press, first Liberal opposition press

(against the King), then also newspapers owned by the Labour movement and other

political forces. A rich flora of daily and other newspapers was evolving, in private

ownership, or owned by organisations, such as political parties, trade unions, business

trusts etc. Transactions between owners, mergers, closures were natural ingredients to

this story where increasingly market conditions – such as new production technology,

advertising income, subscriptions and other sales – determined the positions of

newspapers. Local and national business connections and traditions were, of course,

also strong ingredients for success.

The burgeoning growth of the press, in Sweden as in other countries, was however

not a continuous process. Just as in the other (few) countries with unhampered media

liberty, technical developments - from the rotation press opening up for the

production of millions of copies of newspapers until the digitization of the media

landscape in the last 15 years, imposed new conditions, beside economic and political

constraints.

War-time scarcity – for example rationing of newsprint as well as political repression

or mobilisation – also played a decisive role for structural changes – or immobility.

Post-war economic prosperity had a deep impact on media structure, and on the

interplay between democratic politics and the media. New varieties of the tensions

pertaining, within a sound structural conflict of interests between public authorities

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and political opinion-moulders appear. Besides technological innovations like

television and cyberspace, market mechanisms, primarily competition on the

advertising market, provoked drastic restructuration of the press, in its turn leading to

drastic changes in the pluralism of ideological positions represented in the press

ownership. This is what is commonly called media concentration.

A depiction of the post-war expectation drama of freedom of the press and other

media, in Sweden as well as other democratic countries, is therefore, for good

reasons, focussed on this process. Naturally, the concentration of power over cultural

production is a central ingredient in any oppressive political system as well – which in

many cases is reflected in showpieces of fake regulation.

Ownership or control of media companies or production is not always the explicit

subject or main topic of regulation in the regulatory processes on freedom of

expression in democracies during the period after WW II. Still the struggle over

control of cultural production in the media sector – and hence of the space of political

opinion - is the background of major transformations, or events, which feature the

drama of expectations in the area of freedom of the media. The examples below are

taken from a brief summary of events in a European rather well-to-do country with a

small population (Sweden grew from 6 to 9 million people), but nevertheless have

analogues in most liberal democracies of varying sizes and shapes during the same

period. They might, to a surprising degree perhaps, be taken as useful experiences for

how to deal with parallel problems in open societies. It should be taken into account

that Sweden had a series of Social Democratic prime ministers, leading minority or

coalition cabinets from 1932 to 1976 (with one short interval in 1936).

The story could be summarized in the following series of events.

1. 1949. New constitutional law on freedom of the press in 1949, a late

successor of the 1766 regulation. Rejection of anti-trust regulation for the

press.

2. 1952. End of wartime rationing of newsprint. Unrestricted

competition of advertising triggers the agony of weaker daily newspapers.

Between 1950 and 2006 the number of dailies published at least five days

a week is halved, but many of the remaining dailies are versions of other

papers. The number of independent owners of dailies is reduced to about

fifteen, nearly all of them Liberal- or Conservative-affiliated.

3. 1956-1957. Television is launched.

4. 1965. First scheme of press subsidies, via the political parties, is

launched.

5. 1968. Government commission publishes report on the competition

situation of the daily press.

6. 1972. Press subsidy system is made permanent, following proposals

by a new Press commission. Small changes in the structure of the daily

press after that.

7. 1974. Commission on Media Concentration is appointed, after the

purchase by the largest national media group Bonnier of the biggest film

production studio. The report of the commission, suggesting restrictions on

media ownership concentration (1980) is rejected by the new (Centre11

Right) Cabinet.

8. 1979. Community radio is permitted, thereby breaking the monopoly

of public broadcasting.

9. 1988. Satellite television to Sweden is launched from London (TV3,

operated by Stenbeck group). Rapid extension cable networks in urban

areas.

10. 1989. Council of Europe convention on trans-frontier television and

European Community directive on Television without frontiers regulate TV

landscape in Europe, paving the way for commercial television, and new

owners of media. (Convention signed but never ratified by Sweden.)

11. 1989. Commission on television policy.

12. 1991. Defeated Labour cabinet agrees with new Centre-Right cabinet

to license first new terrestrial commercial national TV channel to a

consortium of several private owners (among those Stenbeck), as well as

civil society interests. The new channel (TV4) immediately tops audience

figures.

13. 1992. “A-pressen”, the concern of Labour press group, founded

in1947, goes bankrupt, though most existing titles survive. Nordic study

group on media mergers and ownership concentration.

14. 1993. Public service broadcasting – hitherto formally owned by

social organisations and the press – though license-fee financed, is

nationalised, ownership being transferred to state trusts.

15. 1993. Private commercial radio is authorised, following an

agreement between the government (Centre-Right) and the populist “New

Democracy” party. Licences are auctioned. Newspapers are blocked from

radio ownership (direct) and local production is prescribed.

16. 1994. “Press commission -94” is given new remit on media

concentration, following suggestions by i.a. one of the Government

coalition parties.

17. September 1994. New Social Democratic Cabinet appoints the “Council

for media pluralism”, an expert group, succeeding “Press Commission -

94”. The Council’s remit is to follow media development and, if needed,

suggest new regulation on media ownership. It publishes a number of

reports but no proposal for regulation.

18. 1995. Internet break-through.

19. Winter 1997. Bonnier group takes over TV4 profiting from a legal

incongruence.8

20. Autumn 1998. Council for Media Pluralism replaced by a new,

parliamentary, commission.

21. March 1999. Report of this commission – suggests a general clause

8 The licence conditions of TV4, forestalling substantial changes of ownership of the channel, was not

covered by statutory law – and when this was remedied, the Government did not judge it possible to

intervene against the owner of the biggest TV channel. Elections were approaching…

12

against concentration of media ownership, including constitutional

changes. Liberals and Conservatives in the commission disagreed, and

later the Center party joined these parties, breaking its traditional support

of Social Democratic media policy. No proposal for a bill to parliament

was tabled after this break.

22. 2000. Newspapers are allowed to own commercial radio and auctions

are abolished. Concentration of ownership results, gradually, in a duopoly

of two chains, transmitting very little local material.

23. 2000. The only remaining major Labour morning daily “Arbetet”

goes bankrupt, despite ca 10 million € of annual subsidies.

24. 2005. The Center party sells its newspaper group, provoking a wave

of ownership concentration, resulting in regional press groups controlling

nearly all titles in the country.

25. Ca 2005. Internet, bloggers, web-papers, point towards an anarchic

media landscape, despite continuity of control by major media groups of

nearly all traditional media.

26. 2006. New Press commission: only minor changes in existing policies

suggested.

27. 2007. Liberal party leader – in the new Centre-Right government

alliance – suggests suppression of press subsidies.

28. 2007. Cinema theatre group Sandrew/Astoria/Triangelfilm

bankrupted, leaving a monopoly for the Bonnier group.

29. Jan 2008. Special press subsidies to “metropolitan dailies” proposed to

be cancelled, after interventions from the Bonnier group to the European

Commission.

30. August 2008. After strong public debates the proposal is withdrawn.

31. June 2008. Bonniers takes over Canal + in Sweden.

32. June 2008. Law authorizing military intelligence to follow Internet traffic

is adopted, following major debates on freedom of information.

33. April 2009. EU IPRED directive restricting downloading of

immaterial property rights protected material implemented, after heavy

political debates, also leading to a new political party entering the

European Parliament in June.

34. June 16, 2009. Norwegian company Schibsted takes over the majority of

shares of Aftonbladet, the only national Social Democratic daily, with the

largest circulation in Sweden. Schibsted already in 1998 took over Svenska

Dagbladet (national leading “moderate” daily).

***

This series of events on the level of government administration and in media business

life might seem trivial. And most of these events have parallels in other countries

following rules of representative democracy. Some particularities of media structures

– such as a rather extensive press subsidy system, strong public broadcasting and

13

relatively weak commercial sound radio, might be specific – but are there other

conclusions to be drawn, on a more general basis, justifying the depiction of the

process of media regulation as a “drama of expectations”?

First of all it is difficult to discern how the legal procedures, commissions etc. reflect

the actual political “drama of expectations”, since the drama, by definition, takes

place underneath the surface. Expectations are, by definition, often not explicit, but

“inherent” in the attitudes, structures, discourses unspoken. In order to document and

making manifest the character and “content” of the drama, detailed analysis and

interpretation is required. This is by no means an impossible task – it is perhaps best

performed in the more literary or biographical material from, for example, people

working in leading positions in politics and the media. Important compilations and

documentation are also sometimes presented in scholarly histories of the press and

other media.

Such analyses give indications, or glimpses, but seldom comprehensive stories, of

lively, not to say sometimes brutal, conflicts of interests. The conflicts involve actors

on the commercial media side, different political interests requiring media support, in

elections and between elections and of course also professional cultural producers,

such as editors and journalists. For each step in the Swedish case story from 1949 it is

possible to describe how these actors have confronted each other, operating behind

the scene, in proposing new regulation, opposing changes, forming coalitions to

counter operations by adverse interests. Government ministers, and many parliament

politicians, have been involved in media business affairs, directly as editors,

journalists or by family or friendship relations. In a country with a small population

and a rather narrow circle of dominant organized interests as well as civil service

professionals, and cultural professionals, this has sometimes taken the form of almost

a piece of a commedia dell’arte play.

The most recent case of the press subsidy system disputes might be illustrative in its

complexity in this respect. Only some rather openly discussed details are provided.

Take your seat and try to follow!

• The drama might be given a starting point in “scene 25” above: the sale of the

Centre party daily press. The sale, in 2005, gave rise to a wave of ownership

concentration in the daily press, hitherto unknown in Swedish press history –

leaving a structure of ownership radically reduced, and predisposition of still

more reductions.

• The party – earlier a coalition partner of Social Democrats but now part of the

“Alliance” of right-of the centre parties in the cabinet – became one of the

richest parties in Europe, since the sale price was, according to some

economists (Melesko) far above the expected economic profitability level.

• Since the Social Democratic – heavily subsidised Arbetet was closed in 2000

(“scene 23”) – the only “metropolitan” levels of subsidy (ca 10 mill €) were

given to the Centre party affiliated (but not party-owned) SkМnska Dagbladet

in MalmЪ, and Svenska Dagbladet (national, Stockholm-based, “Moderate” –

i.e. Liberal-Conservative) .

• Now, this situation was difficult to support for the Bonnier group, controlling

the dominant dailies both in MalmЪ and Stockholm. Subsidies were

considered to distort the market – much more so than the traditional

14

advertising strong domination by the Bonnier dailies. In SkМnska Dagbladet

however the former Secretary General of the Social Democratic party was a

regular contributor in the editorial columns… The “metropolitan” status of

this paper is highly doubtful, since its offices in MalmЪ might be regarded as a

more formal localisation, its main sales being in another, actually more rural

part of southern Sweden…

• And in Svenska Dagbladet the husband of the Secretary of State of the

Ministry of Culture (and media), responsible for subsidies policies was on the

Executive Council.

• During the discussions following the Bonnier appeal to the European

Commission the wife of the Prime Minister (Moderate) took a seat on the

same board.

• So: the then Liberal party leader, Minister for Education announced a will to

abandon the subsidy system – the Liberal party is very strong in the press, and

the Bonnier family closely affiliated to Liberal interests. (Scene 27)

• In the same cabinet the Minister for Culture (Moderate), receiving the

complaints to the European Commission, involving the Ministry in “informal

talks” with the Commission, announced a will to suppress the “metropolitan”

subsidy scheme, hitting strongly the newspaper which normally supports her

own party in its editorial policies. (Scene 29)

• After a while this appeared as an impossibility, since it would leave Bonniers

nearly monopolists on both the scenes of the capital and the third biggest city

MalmЪ.

• (The second biggest city GЪteborg, since the fall of Arbetet, already has a

monopoly in its sector, and has, after buying some of the Centre party papers,

expanded to a nation-wide chain of newspapers, controlling about 35 dailies.)

• The Minister of Culture (the wife of a former Moderate party leader),

announced that the “metropolitan” subsidy level would continue to exist,

pending further discussions with the European Commission. (Scene 30)

The scenes indicated above also contain the new ingredient of increased international

operations of media owners, which have lead to rather brutal clashes betweens some

major operators. Norwegian prime media group Schibsted and their Swedish

competitor Bonnier thus competed over Svenska Dagbladet, the only Conservative

national daily in Sweden, as well as the Finnish commercial media group Alma Media

– and TV4.

Even in Scandinavian states, where transparency of ownership is relatively high, the

moves of media operators may thus appear as Renaissance court intrigues. More

seriously, notwithstanding the “normality” of such dramas in a democratic structure –

and recognizing conflicting interests as a basis for representative administration in a

pluralist context – the apparent unavoidability of the process of media ownership

monopolisation in a pluralist market economy challenges the very foundation of

political democracy.

The interdependence of cultural, social and economic capital on one hand, and the

political power spheres on the other, on constitutional and “ordinary” legal levels,

illustrate, sometimes on the verge of ridicule, theses such as those proposed by

Bourdieu. The conclusion which seems unavoidable is the following:



15

If public, representative and legitimate, power-holders are not in actual practice

capable to halt – or even actively oppose interventions to do so – mechanisms

excluding a diversity of political interests from being expressed in cultural

production, a fundament for democratic governance seems to be shaken. And this is

due to the very mechanisms of a free market economy. Instead of being – as in the

European metropoles of the 19th C – a motor for the democratic exchange of views in

a pluralist society, market mechanisms risk to suffocate freedom of opinion.

The metaphor of a drama of expectation in this light may take on grim shade, being

transferred from a sphere of “distantiated9” irony to everyday practice of democratic

rule.

The details of the Swedish case story may look like a rather innocent prelude,

compared to the heavy direct involvement of leading politicians on the European

scene with media power. Examples are already clearly perceived in the worries over

the “media tycoons” in the beginning of the 1990s debated both in the Council of

Europe and the European Commission, examples, which I have followed from a

personal horizon of involvement. Since then one of these “tycoons” has been – and is

today – the prime minister of his country (Berlusconi), one head of state has during

his entire political career been involved in very close personal and intimate friendly

relations with media owners (Sarkozy), and a third leading European politician (Blair)

has been deeply politically dependent for electoral success on another of the

“tycoons” of the 1990s, viz. Rupert Murdoch. This grimness may even acquire an

appalling shade if this is, as it seems, an adaptation of media legislation and policies

to the wishes of dominant media owners or controllers far beyond the normality of

ordinary legitimate conflicts of interests in a democratic society. For a democratic

society is, let us never forget that, founded upon the respect for human rights, one of

which is freedom of speech and information. And if human rights are involved in a

drama of expectations of the nature indicated here, there seems to be ground for

serious worry.

Actually, the process at stake does seem, even in countries with a solid democratic

tradition, approach the situation depicted by one of the compatriots of Berlusconi,

Giorgio Agamben – himself drawing upon one of the most brilliant and illusion-free

scholars in political theory, Carl Schmitt (a fervent supporter of the Nazi regime in

Germany!) – as a situation of permanent “state of exception”.

This perspective of an interplay between wealthy merchants and legislators was

actually already, as reminded above, foreseen by the father of the systematic study of

wealth, himself no doubt an advocate of freedom of the mind and expression. If three

eminent theorists - of such different convictions as Communism, Nazism and

Liberalism - point to the same worries, should we not listen?


9 to employ a term proposed by Bertolt Brecht in drama theory



16

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