Reader in EC Law

Director of Learning and Teaching

MA (Oxon), LLM (Cantab), PhD (EUI)
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Biography

Dr. Rachael Craufurd Smith is a Senior Lecturer at the University of Edinburgh, specialising in media, the regulation of culture and European Union law. In 2003/4 she was a Jean Monnet Fellow at the European University Institute, Florence. She is a qualified solicitor and has worked both in the International and Policy and Planning Departments of the BBC, focussing on the impact of European Community Law on the public broadcasting sector. Rachael also worked as a trainee in the Internal Market DG of the European Commission and was a Fellow for a number of years at Trinity, Corpus Christi and St. John's Colleges and a University Lecturer at the University of Oxford.

She has written widely on media law and currently heads the University of Edinburgh team working on the EU funded Mediadem project, which seeks to promote free and independent media. Rachael was a co-founding editor of The Journal of Media Law, launched by Hart Publishing in 2009.

Courses Taught

EU Regulation of Culture and the Mass Media (Honours) (Course Organiser)

Media Law (Honours) (Course Organiser)

PhD Supervisees

Tobias Bednarz  'Collective Management of Copyright in Music for Online Uses: The Implications of the Cultural Functions of Collecting Societies for a Multi-territorial Licensing Model'

Humberto Carrasco  'Regulation as a mechanism to encourage competition in the area of telecommunications in Chile '

Nazli Ismail Nawang  'Weblog (Blog) and Freedom of Expression: A Case Study in Malaysia'

Wenlong Li  'Big data and data protection: A comparative perspective'

You-Hung Lin  'The Constitutionality and Legality of Forced Access of Telecommunications Networks; A Comparative Study of the EU and Taiwan'

Books

Rachael Craufurd Smith, Eric Barendt, Jason Bosland, Lesley Hitchens Media Law: Text, Cases and Materials (Pearson, 2014)
Abstract: Offers insightful discussion of the fundamental principles of media law, along with critical commentary on the leading cases, statutory materials and policy papers vital to the study of this dynamic and evolving field.

Rachael Craufurd Smith Broadcasting Law and Fundamental Rights (Oxford University Press, 1997)
Abstract: Considers the role that constitutional guarantees of free speech can play in shaping media regulation, with particular reference to the UK, Italy and France.

Edited Books

Rachael Craufurd Smith Culture and European Union Law (Oxford University Press, 2004)
Abstract: This book explores the relationship between European Union law, culture, and identity. Community trade and competition rules have certainly affected many mundane, though highly formative, aspects of our day-to-day lives: when we shop, what we drink, even which football matches we watch on television. But Community law is not merely a vehicle for challenging established national rules which have a cultural dimension: Article 151 of the EC Treaty, which came into force in 1993, empowers the Community to 'contribute to the flowering of the cultures of the Member States', whilst at the same time bringing the 'common cultural heritage to the fore'. This book explores some of the challenges facing the European Union in developing convincing and coherent policies in the cultural domain. These challenges stem not only from the Union's fragmented institutional structure and Member State sensitivities but also from the uncertainty which surrounds the very meaning of the term 'culture' itself. The wide-ranging contributions illustrate how cultural issues can be seen to permeate all aspects of European Union law, by focussing on areas as diverse as international trade and aid, education, sport, language use, and the mass media.

Journal Articles

Gillian Black, Rachael Craufurd Smith, Smita Kheria, Gerard Porter 'Scotland the Brand - Marketing the Myth?' (2015) Scottish Affairs 47-77

Rachael Craufurd Smith, Damian Tambini 'Measuring Media Plurality in the United Kingdom: Policy Choices and Regulatory Challenges' (2012) Journal of Media Law 35-63
Abstract: Critically examines the media public interest tests in the Enterprise Act 2002 in the light of the proposed News Corporation/BSkyB merger and explores different methods of measuring 'media pluralism'.

Rachael Craufurd Smith 'Az audiovizuális médiaszolgáltatásokra vonatkozó szabályozói hatáskör meghatározása az Európai Unióban' (2012) In Medias Res 15-361
Abstract: Explores the operation of the jurisdictional rules in the Audiovisual Media Services Directive and in particular the 'evasion' principle in article 4. A translation into Hungarian of the 2011/3 Journal of Media Law article: 'Determining Regulatory Competence for Audiovisual media Services in the European Union'.

Rachael Craufurd Smith 'Determining Regulatory Competence for Audiovisual Media Services in the European Union' (2011) Journal of Media Law 3 263-85

Rachael Craufurd Smith 'Reflections on the Icelandic Modern Media Initiative: A Template for Modern Media Law Reform?' (2010) Journal of Media Law 2 199-211
Abstract: This article examines the origins of the Icelandic Modern Media Initiative, why the initiative is considered 'modern' and its potential influence on media law reform in other countries.

Rachael Craufurd Smith 'Media Ownership and the Public Interest: The Case of Virgin Media, British Sky Broadcasting and its ITV Shares' (2009) The Journal of Media Law 1 21-37

Rachael Craufurd Smith 'State Aid for the Audiovisual Sector Under European Community Law' (2008) Cambridge Yearbook of European Law

Rachael Craufurd Smith 'Balancing Culture and Competition: State Support For Film and Television In European Community Law' (2008) Cambridge Yearbook of European Legal Studies 10 35-66

Rachael Craufurd Smith ''Media Convergence and the Regulation of Audiovisual Content: Is the European Community's Audiovisual Media Services Directive Fit for Purpose?' (2007) Current Legal Problems 238-277

Rachael Craufurd Smith 'From Heritage Conservation to European Identity: Article 151 EC and the Multi-faceted Nature of Community Cultural Policy' (2007) European Law Review 1 48-69
Abstract: This article considers Community action in the cultural field and the growing emphasis on cultural policy as a tool to promote European citizenship and European integration.

Rachael Craufurd Smith 'The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Building a New World Information and Communication Order?' (2007) International Journal of Communication 24-55

Rachael Craufurd Smith 'Bridging the Linear/Non-Linear Divide: the European Commission's Proposal for an Audiovisual Media Services Directive' (2006) European Current Law xi-xv (Focus Article)

Rachael Craufurd Smith 'Public Service Broadcasting in the European Union: No Longer Simply a Matter of Domestic Concern' (2005) Hong Kong Media Digest httpwwwrthkorghkmediadigest20050

Rachael Craufurd Smith 'Rethinking European Union Competence in the Field of Media Ownership: The Internal Market, Fundamental Rights and European Citizenship' (2004) European Law Review 29 652-73

Rachael Craufurd Smith 'European Community Audiovisual Policy and Review of the Television Without Frontiers Directive' (2003) European Current Law xi-xvi (Focus Article)

Rachael Craufurd Smith, Boettcher, Bianca 'Football and Fundamental Rights: Regulating Access to Major Sporting Events on Television' (2002) European Public Law 8 107-33
Abstract: An evaluation of European Community and UK listed event legislation

Rachael Craufurd Smith 'State Support for Public Service Broadcasting: The Position Under European Community Law' (2001) Legal Issues of Economic Integration volume 28 page3
Abstract: Considers the impact of Community state aid rules on the funding of public service broadcasting in Member States

Rachael Craufurd Smith 'The Establishment of Companies in European Community Law: Choice of Law or Abuse of Rights?' (1999) European Current Law ppxi-xv

Rachael Craufurd Smith 'Sex and Violence in the Internal Market: The Impact of European Community Law on Television Programme Standards' (1998) Contemporary Issues in Law vol 3 pp 135-153
Abstract: Considers the impact of the child protection provisions in the EU Television Without Frontiers Directive on the broadcasting regimes of EU Member States

Rachael Craufurd Smith 'Getting the Measure of Public Services: Community Competition Rules and Public Service Broadcasting' (1997) Yearbook of Media and Entertainment Law pp 147-175
Abstract: Considers the impact of European Community Law on the regulation of public service broadcasting in the Member States, with special reference to competition law.

Rachael Craufurd Smith 'Pluralism and Freedom of Expression: Constitutional Imperatives for a New Broadcast Order' (1996) Yearbook of Media and Entertainment Law pp 21-44

Rachael Craufurd Smith 'Do Human Rights Require Private Broadcasting? The Case of Informationsverein Lentia and Others v Austria' (1995) Maastricht Journal of European and Comparative Law 63
Abstract: Assesses the impact of Article 10(1)(3) of the ECHR on domestic broadcasting systems. The article also considers the continuing legitimacy of public broadcasting monopolies in the light of the European Court of Human Rights case law.

Chapters

Rachael Craufurd Smith 'EU Media Law: Cultural Policy or Business as Usual?' in Valentina Vadi and Bruno de Witte (eds) Culture and International Economic Law (Routledge, 2015) 208-228

Rachael Craufurd Smith 'The Cultural Logic of Economic Integration' in Evangelia Psychogiopoulou (eds) Cultural Governance and the European Union: Protecting and Promoting Cultural Diversity in Europe (Palgrave Macmillan, 2015) 7-24

Rachael Craufurd Smith 'Article 167 and the European Union's Competence in the Cultural Field: At the Service of a European Cultural Identity or to Promote National Cultural Policies?' in Celine Romainville (eds) European Law and Cultural Policies (Peter Lang, 2015) 59-82

Rachael Craufurd Smith 'Bright Line Versus Responsive Regulation: Some Thoughts from the United Kingdom' in Miklos Sukosd, Robert Picard and Peggy Valcke (eds) Media Pluralism and Diversity: Concepts Risks and Global Trends (Palgrave Macmillan, 2015) 310-324

Rachael Craufurd Smith 'Article 22: Cultural, Religious and Linguistic Diversity' in Steve Peers, Tamara hervey, Jeff kenner, Angela Ward (eds) The EU Charter of Fundamental Rights, A Commentary (Hart Publishing, 2014) 605-631
Abstract: Considers the potential influence of Article 22 on the development of EU law and its relationship to other international treaties applicable in the cultural field.

Rachael Craufurd Smith, Yolande Stolte 'Media Policy in the United Kingdom: Trust and Distrust in a Converging Media Environment' in (eds) Understanding Media Policies: A European Perspective (Palgrave Macmillan, 2012) 230-246
Abstract: Explores whether the media in the UK are able to perform and are actually performing those functions that feed into and enhance the democratic process.

Rachael Craufurd Smith 'The Evolution of Cultural Policy in the European Union' in Paul Craig, Grainne de Burca (eds) The Evolution of EU Law (Oxford, 2011) 869-894
Abstract: Examines EU engagement with culture and the culture industries. The paper considers both the relevance of EU internal market and competition law for the field and the development of a distinct EU policy focusing on cultural diversity and cultural exchange.

Rachael Craufurd Smith 'Media Convergence and the Regulation of Audiovisual Content: Is the Audiovisual Media Services Directive Fit For Purpose?' in Thomas Gibbons (eds) Free Speech in the New Media (Ashgate, 2009) 489-528

Rachael Craufurd Smith 'European Broadcasting Regulation' in Peter Cane, Joanne Conaghan (eds) The New Oxford Companion to Law (Oxford University Press, 2008) 411-413

Rachael Craufurd Smith 'European Community Media Regulation in a Converging Environment'.' in Niamh Nic Shuibhne Regulating the Internal Market (Edward Elgar Publishing, 2006) 105-143

Rachael Craufurd Smith ''Preserving and Promoting Media Pluralism and Diversity in Europe: The Role of the European Union'' in Brogi, E., Vodinelic, V. and Gajin, S. (eds.) (eds) Developing a Harmonized Information and Communication Law in Europe (Centre for Advanced Legal Studies Belgrade, 2005) 89-116

Rachael Craufurd Smith 'Remedies for Breaches of EC Law in National Courts: Legal Variation and Selection' in Paul Craig and Grainne de Burca (eds) The Evolution of EU Law (Oxford University Press, 1999) pp. 287-320
Abstract: Considers the gradual evolution of remedies for breach of EC law by the ECJ and the impact of Community law on domestic remedial rules

Notes and Reviews

Rachael Craufurd Smith 'Review of Perry Keller, European and International Media Law: Liberal Democracy, Trade and the New Media (OUP 2011) 495pp, ISBN 978-0198268550' (2011) Journal of Media Law 2 354-58

Rachael Craufurd Smith 'Review of 'Political Symbolism and European Integration' by Tobias Theiler' (2006) Common Market Law Review 1757-1758

Rachael Craufurd Smith 'Review of 'The European Union and the Regulation of Media Markets' by Alison Harcourt' (2005) European Law Review 905-910

Rachael Craufurd Smith 'Note dall'Europa - L'Unione Europea e la Liberta di Informazione: Il Caso dei Media in Italia' (2004) Quaderni Costituzionali Vol 24 no 3 632-635

Working Papers

Rachael Craufurd Smith 'European Policy Brief 1. European Media Policies Revisitied: Valuing and Reclaiming Free and Independent Media in Contemporary Democratic Societies.' (2011) [Download]
Abstract: This initial Mediadem policy brief explores the legal, economic, political and professional factors that can constrain editorial and journalistic freedom. It then identifies three lines of policy action apt to support the maintenance and development of independent media in the future.

Rachael Craufurd Smith, Yolande Stolte 'The European Union and Media Ownership Transparency: The Scope for Regulatory Intervention' (2010) [Download]
Abstract: The challenge in relation to a media transparency proposal is to establish a convincing legal and factual basis for European intervention. As an initial contribution to this debate, the present report considers, firstly, the existing regulatory framework at both the Council of Europe and the EU levels and, secondly, whether the EU has competence to propose a measure in this field. The report identifies two main legislative bases for action: the Internal Market and Citizenship. In relation to both of these heads it will be necessary to establish that action is required at the EU, as opposed to Member State, level. In relation to the Internal Market head, it will be necessary to show that there are concrete barriers to the realisation of the Internal Market, which legislation of this type would address. The authors also consider the role that the Agency for Fundamental Rights could play in collating information and stimulating debate on media transparency. They conclude by making several recommendations for further research and possible courses of action that may help to put this issue on the political agenda and, ultimately, lead to an improvement in media transparency across Europe.

Rachael Craufurd Smith, Dia Anagnostou (ELIAMEP), Evangelia Psychogiopoulou (ELIAMEP), 'The formation and implementation of national media policies in Europe and their relationship to democratic society, media freedom and independence: A theoretical and Analytical Framework for the MEDIADEM project' (2010) [Download]
Abstract: The paper conceptualises media policy in an increasingly converged and integrated media environment, and discusses its relationship to democracy, as well as its nature, scope, making and implementation. The report further explores the concept of media freedom and independence, which is identified as a distinct area for the study of media policy, and examines present practice and potential of regulation in the field.

Rachael Craufurd Smith, Yolande Stolte, 'Media Policies and Regulatory Practices in a Selected set of European Countries, the EU and the Council of Europe: the Case of the UK' (2010) [Download]
Abstract: This report, part of a larger study into 14 European countries, the EU and the Council of Europe, discusses the media landscape in the UK, explores the main regulatory instruments used to govern the media, and assesses the implications of the policies conducted for democratic politics.

Rachael Craufurd Smith ''Old Wine in New Bottles? From the 'Country of Origin Principle' to 'Freedom to Provide Services' in the European Community Directive on Services in the Internal Market', Mitchell Working Paper Series, 6/2007 1-24 (University of Edinburgh, 2007) [Download]
Abstract: This article considers the fate of the 'country of origin principle' in the Commission's 2004 proposal for a services directive. It argues that although all references to this principle were removed from the final version of the Services Directive, it lives on under a new name 'freedom to provide services'. The European Parliament was ultimately not prepared to amend this aspect of the Commission's proposal in the radical way that Evelyne Gebhardt, rapporteur for the Committee on the Internal Market and Consumer Protection, advocated. Instead, the concerns voiced by the European Parliament over the deregulatory forces potentially unleashed by operation of the country of origin principle were addressed through the wholesale exclusion of a range of sectors and activities from the scope of the Directive. Questions regarding the legality of the particular form of negative integration created by the Services Directive remain: in particular, the suitability of Article 47.2 EC as a legal base for the Directive and the compatibility of the 'freedom to provide services' principle with Articles 12 and 50.2 of the EC Treaty.