Document details

Guidelines for Broadcasting Regulation

Paris; London: UNESCO;Commonwealth Broadcasting Association (CBA), 2nd revised ed. (2008), 89 pp.

Contains bibliogr.

ISBN 978-0-9561429-0-0

"Amidst the fast-changing broadcast media landscape, the present book examined many “balancing acts” which stake-holders both in government and private sector have to undertake to establish and maintain an effective and credible broadcast regulation mechanism. For example, it requires a balancing act to determine which aspects of broadcasting can be regulated to protect citizens rights but at the same time not to provide an opportunity for “powers that be” to curtail freedom. One needs to strike a balance between the independence of the regulator and the government’s own purpose to pursue public policy objectives; and as determining where the balance lies between the potentially conflicting rights of the broadcaster, society, and the individual. Another important contribution of this book is the discussion on new or emerging issues which may create some confusion in the regulatory system, such as jurisdiction issues for cable and telecommunication as carriers of broadcast programmes, issues on spectrum management; issues on broadcasting-related intellectual property rights and the role of the government in the digital switchover. Of special interest to UNESCO is the discussion on licensing community radio stations. UNESCO has always encouraged for allocating frequencies for community radios which serve the needs of marginalized groups. Policymakers, particularly legislators on the lookout for a model regulatory framework and mechanism will find the appended law outline most useful and adaptable because of its comprehensiveness despite its outline format. Meanwhile, a substantial section provides country experiences in terms of model regulatory objects." (Foreword)
"The first edition of Eve Salomon’s Guidelines for Broadcasting Regulation was widely used round the Commonwealth and beyond. It has been translated into Moldovan (for Romania) and I understand also into Mongolian. I also gather that it is widely used by regulators in Latin America. The Guidelines were used at the CBA Regulatory Workshop in Nassau in the Bahamas in January 2009 and this new edition is being used at the CBA Regulatory Workshop for the Pacific in Tonga in February 2009. This new edition has revisions to its two last chapters and a new Chapter 9 on Digital Broadcasting, as well as amendments to the chapter on Convergence to include Media Literacy. As far as I know, this is the only volume of Guidelines for Broadcast Regulation in existence." (Preface, page 4)
1 Background, 9
2 Why Regulate Boradcasting? 11
3 Setting up an Independent Regulator, 17
4 Jurisdiction Issues, 25
5 Licensing, 28
6 Ownership and Plurality, 37
7 Content Regulation, 41
8 Other Public Policy Objectives, 60
9 Digital Broadcasting, 64
10 Convergence, 76
Appendix 1 Outline Law, 81
Appendix 2 Objects of CRTC, ICASA and OFCOM, 82