Albany believes in the right to freedom of expression. However, balancing the right of freedom of expression with regulation has always been a delicate operation. The media is a very powerful force in society shaping peoples’ perceptions and often determining the course of events, for good or bad. In the countries where Albany has worked on media regulation – such as Bosnia and Herzegovina, Kosovo, Iraq and the UAE – it has taken a practical and effective approach to both introducing and strengthening media regulation. Albany determines the real and legal conditions under which the media operates, always mindful that while it is important to aspire to international best practice a ‘one size fits all’ approach must be avoided. The cultural, economic and political situation of each unique environment must also be taken into consideration.
Whether for broadcast or print media, answering the question of how to create good regulation is far from easy. Explaining the difference between censorship and legitimate regulation is something that Albany is very experienced in. A great deal of time and energy is devoted to discussing this difference with stakeholders long before Albany starts designing a regulatory regime. The media can also play a negative role in the reconstruction of post-conflict societies or in a democratisation process. For instance, the media may, through incitement to hatred and violence create or prolong a conflict, as happened in the Balkans. In addition, concentration of ownership and control or the activities of an inaccurate and tendentious media can also complicate reconstruction efforts. It is not just media legislation and regulation as such that is of relevance. Many related issues play a role, including for example, defamation legislation and competition rules or restrictions on the work of journalists. Rules for the use of telecommunications as a means to access and spread information can also have an impact. Albany has a unique understanding and proven experience in tackling all these issues in an effective manner, to bring about a sustainable, fair and effective regulatory environment.
Mindful of the future, Albany know that there is an ongoing revolution in the area of communications and media regulation. Many countries are moving towards the convergence of technologies, adding to the issues that governments and regulators are faced with. Albany Associates has dealt with these issues in some of the world’s most demanding settings, designing regulatory systems that successfully meet the communications challenges of the twenty-first century.