Tham khảo tài liệu 'european broad casting law and policy part 4', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 96 JACKIE HARRISON AND LORNA WOODS it is far from clear that the operation of a less regulated or commercial media system would satisfy this element of the Article 46 jurisprudence. Unfortunately as we have seen in chapter 4 the boundaries between discriminatory and non-discriminatory rules are not clear 38 adding an extra element of uncertainty and potential incoherence in this area. The ECJ s reasoning in Mediawet opens up a number of questions about the values that the ECJ accepted needed protection and the mechanisms whereby they may be protected. The Dutch argument was based on cultural policy but in accepting this point it is not clear whether the ECJ was concerned with culture in a high-brow or popular sense or the issue of cultural diversity per se. If it were the latter what would cultural diversity mean in the context of the ECJ s jurisprudence The phrase is ambiguous and could refer either to a wide range of quality programmes where different views are represented or to a diversity of programme suppliers. The question of what constitutes cultural diversity in programming is complex relating to other questions about the public-service role of broadcasting the provision of a broad range of information and the stimulation of activity in the public sphere see chapter 2 . The ECJ did not address these issues leaving us with a very sketchy understanding of cultural diversity and cultural policy. The ECJ s judgment is open to the interpretation that what the Court means by cultural diversity in Mediawet is actually an attempt to open member states broadcasting markets up to non-national products. On this reasoning the cultural diversity argument serves internal market ends. Certainly the Commission in its TWF Green Paper39 made the same link. The reasoning in the Mediawet judgments is in many respects ambiguous. On the one hand we can see a specific reference to the cultural tasks of the system such as managing a sound library keeping film archives and managing
