Legal Analysis in Media Policy Research

Abstract

This chapter presents the methodological approach of legal analysis as applied to media policy research. After describing and defining the key concepts, the authors explain the individual steps of the research process: (1) formulating the problem; (2) gathering relevant (legal) materials; (3) analyzing cases, legal documents and the overall (legal) context; and (4) critically interpreting and evaluating findings. The legal analysis is illustrated through two case studies. The first is ‘New York Times Co. v. United States’ (the Pentagon Papers case), which asks whether prior restraint on publishing classified government documents leaked to the news media is justified; it concerns freedom of expression on one side and national security on the other. The second is Slovenia Broadband S.à r.l.‘s takeover of Produkcija Plus d.o.o. in Slovenia and Nova TV d.d. in Croatia. It focuses on the legal issue of whether this merger endangers legally protected aspects of media plurality, and whether it takes market strength and concentration to a dangerous extent. Both case studies are presented systematically, according to the four steps of the research process. The methodological approach is (critically) examined by elaborating its strengths and limitations.