Re: [kictanet] [Skunkworks] Are we letting the PS get away with this too?
Hi all, Let me start by thanking Grace Githaiga (GG) for inviting me to this group. Then let me introduce myself. For those who don't know me (most of you, I guess), I am an international lawyer specialising in freedom of expression and access to information. I ran the Law Programme at ARTICLE 19 for nearly 13 years, and recently started a new NGO, the Centre for Law and Democracy (www.law-democracy.org), which focuses on foundational rights for democracy (right to participate, freedom of expression, rights to assembly and association, right to information). We specialise in providing legal and policy advice in these areas. I will restrict myself to some general comments on the debate below, because I don't really know enough about the details to make more specific comments. The US has historically been very strong on regulating against abuse of market dominance (anti-trust, promoting competition), if less vigilant in protecting consumer interests. Thus, when Microsoft started to engage in questionable competitive practices, the US government did step in and contain them. Given the global nature of this particular type of product, it may be enough for a major player like the US to take them on. When the space opens up for alternatives, like Firefox, everyone can benefit. But it was difficult even for the well-resourced US government to take on Microsoft. Looking to more national-type markets, especially in mid-size to smaller countries, it is often difficult for governments to control the anti-competitive behaviour of large international players and sometimes even national players. I have seen this is rather stark relief in some very small countries (eg the Maldives). I say this essentially being a believer in the benefits of competition, but only if subject to public interest regulation. So the questions I would be asking in relation to the below (without knowing the context) is whether these developments represent a legitimate opening up of competition and whether, in case this is needed, the government has the power/political will to take on abusive practices. I look forward to debate on the media council bill, which I understand will be the main topic of this group. Is a draft available? Toby ___________________________________ Toby Mendel Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org
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toby@law-democracy.org