GUIDELINES FOR BROADCASTING REGULATION
Eve Salomon is an international media consultant and particular experience in broadcasting and press regulation. She was Director of Legal Services at the UK Radio Authority and is a member of the UK’s Press Complaints Commission.
Second edition, revised and supplemented Published by the Commonwealth BroadcastingAssociation 17 Fleet Street, London EC4Y 1AA, UK www.cba.org.uk Copyright © CBA and Eve Salomon December 2008 All rights reserved ISBN: 978-0-9561429-0-0 The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of itsauthorities, or concerning the delimitation of its frontiers or boundaries. The authors are responsible for the choice and the presentation of the facts contained in this book and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organisation.
TABLE OF CONTENTS
1. 2. Background Why Regulate Broadcasting?
2.9 Democratic Purposes
2.15 2.16 2.17 2.182.19 2.20 2.21 The Right of appeal The Right to reply, and rules on fairness Obligations for news to be accurate and impartial General obligations for impartiality Rules preventing discrimination Special rules on religious broadcasting Independent regulation 2.21.1 Means of appointment 2.21.2 Remit of regulatory authority 2.21.3 Terms for termination of appointment 2.21.4 Funding 2.21.5 Conflictsof interest
2.22 Cultural and Consumer Protection Reasons 2.31 Economic Purposes
2.32 2.33 2.34 2.35 2.36
The application of international trade agreements Balancing inward investment against national promotion The support of domestic production sectors The promotion of new technology The application of competition law
Setting up an Independent Regulator
3.9 3.22 3.31 3.35 3.42Creation and remit Appointments and termination Funding Accountability Key regulatory processes
3.43 3.45 3.47 3.50 3.53 Quorums Conflicts of interest Frequency and attendance at meetings Minutes Appeals
4.1 4.3 4.9 Terrestrial Spectrum Cable Satellite Starting a licensing process Licence Conditions
5.7 5.9 5.10 5.11 5.13 Coverage area Technical specificationsLicence term Licence renewal Licence fees
5.15 5.16 5.19 5.21 5.23
Programme format conditions Compliance with legal requirements Sanctions Information requirement Amendments to licences
5.25 5.33 5.44 5.46 5.48 5.55 5.56 5.58
Pace of licensing Licensing of formats Advertising new licences Application process Licence awards Local versus national servicesTelevision and radio Digital broadcasting Ownership
6.4 6.6 6.8 6.11 6.13 Legal person Fitness and propriety Nationality Political organisations Religious organisations
Ownership and Plurality
6.25 Control 6.28 Role of the regulator
6.21 Share 6.22 Availability
7.3 Programming Protection of democratic principles
7.4 7.5 7.9Accurate news Impartial news Election guidelines
7.13 Protection of minors
7.28 Offence to human dignity/ taste and decency 7.33 Protection against harm 7.35 Protection of the Individual 7.46 7.51 7.54 7.59 7.64 Protection against crime and disorder Protection against racial or ethnic hatred Religious programmes Generally accepted standards Sanctions
7.64 7.68 7.72 7.75
7.21 Watershed 7.24Information and ratings 7.30 Context
7.35 Privacy 7.43 Right of reply
Procedure Fines Suspension Revocation
II. Advertising 7.79 Legality 7.88 Honesty 7.89 Decency 7.90 Truth 7.94 Scheduling 7.99 Sanctions III. Where programmes and advertising meet 7.104 Separation of advertising 7.105 Surreptitious advertising/product placement 7.106 Sponsorship IV. The process of content regulation...
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