[kictanet] [Skunkworks] Are we letting the PS get away with this too?

[toby at law-democracy.org]

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 at law-democracy.org
Tel:  +1 902 431-3688
Fax: +1 902 431-3689
www.law-democracy.org