Culture, trade and cultural trade: citizens' communication rights in a global market

This thesis addresses the concepts of rights and freedoms of citizens to cultural expression and democratic information in political and economic communities. It directly engages with the problematic of defending citizens' rights to communication as a cultural right and a social right. These arguments are founded in a fear of cultural imperialism, a defence of national cultures and an advocacy of cultural diversity within a “European culture”. This author is confident that the notion of culture, and cultural objectives will be challenged repeatedly at every round of World Trade Organisation negotiations. This thesis takes the view that the annexation of audiovisual products and services is therefore a temporary solution. This thesis prefers to address broadcasting policy and audiovisual services policy from a trade and human rights perspective. It argues that an awareness of human rights in 18lh century Ireland developed firstly as a by-product of trade with America within the public sphere of market activity. Research suggests that issues of trade autonomy are key aspects of communities’ demands for citizenship and a separate nationhood. It appears that in Ireland's case, ethnic cultural claims developed later. In adopting this premise, this thesis rejects the view that citizenship demands were predominantly linked with an Irish cultural nationalism. This creed is often the rationale behind the defence of ‘cultural rights’ in relation to media and public service broadcasting. I argue that human rights demands arising from restrictive market practices are voiced in the market and trading community but take on the mantel of a defence of cultural hegemony and a call for separateness in citizenship when in actuality, the basis of their demand for rights is autonomy and independence in commercial and trading policy. This thesis examines the years 1982 - 2002 and the policy strategies of Ireland in relation to Audiovisual Services, and the EU Common Commercial policy that frames their input into multi-lateral trade rounds in the GATT / World Trade Organisation forum. This research addresses the options at Ireland’s disposal in order to protect national autonomy over its audiovisual policy, and national citizens’ rights to communication, knowledge and information. Findings demonstrate that Ireland has made little effort to restrict market access to foreign market dominance in audiovisual product beyond the EU minimum. Irish governments regularly choose free trade over the protection of national rights, inevitably argued from a cultural basis. This is because, while television might be seen as politically and democratically important, it is not as economically important as the new media industries related to information technology that are beginning to replace agriculture as the mainstay of Ireland’s economic trade. This thesis concludes that as a small Member State in the European Union, the level of sovereignty that Ireland retains over its audiovisual policy diverges from popular convictions that posit EU member states retain national autonomy in the area of EU audiovisual policy