Summary
Introduction. Independent regulation. Creation and Remit. Appointments and termination. Funding. Accountability. Secretariat Proposal. An independent public service broadcaster ("PSBS"). Creation and remit. Appointment and termination. Funding. Accountability. Secretariat Proposals. Annex 1. Broadcasting legislation and regulations: issues for discussion. Paper by Eve Salomon, Solicitor & Media Consultant. 1. Background. 2. Recommendation. 3. Background Discussion. 4. Democratic Purposes. 5. Cultural and Consumer Protection Reasons. 6. Economic Purposes. Annex 2.
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Extract
Guidelines for an Independent Regulatory Framework for Commonwealth Broadcasting Organisations
Executive summary 1. At the Meeting of Law Ministers from Small Jurisdictions in October 2004, Ministers discussed a paper (see Annex 1) setting out the basic principles of the regulation of broadcast services. It was decided at that Meeting to ask the Secretariat to bring forward proposals for a work programme to further develop those principles with a view to assisting the roll-out of best practice throughout the Commonwealth. 2. It was noted at that Meeting that there are several reasons for introducing regulation of broadcasting: democratic purposes, cultural and consumer protection reasons, and economic purposes. 3. Open and pluralistic broadcasting is a key component of a democratic society. The specific features of broadcasting regulation which go directly to the promotion of democracy are: having a right of appeal and a right of reply; an obligation for news to be accurate and impartial; and rules which prevent discrimination and incitement to crime, including religious or ethnic hatred. 4. It is vital for the application of these rules - as well as the full range of broadcasting regulation - to be done by a regulatory body that operates independently of political or industry influence and control. To be independent, the remit and the means of funding of the regulator should be set out in law. The appointment process must be managed in a way that avoids political interference, and individual regulators must not have any conflicts of interest which prevent them executing their duties in a clearly objective way. 5. A country's culture will affect the detail of rules that are intended to protect minors and avoid offence on grounds of taste and decency. Generally, the content of advertising is also regulated, at least to ensure it is legal, decent and true. 6. Broadcasting regulation can also have economic purposes such as the application of international trade agreements or promoting inward investment. Regulation can also be used as an incentive for domestic production sectors and to promote new technology such as digital broadcasting. 7. Although many Commonwealth states have sophisticated broadcasting legislation with dedicated, independent regulators and public service broadcasters, not all do. To further roll out best practice throughout the Commonwealth, in the support of the necessary separation of government from civil society, and in pursuance of democratic principles, Ministers are invited to take note of the guidelines below and endorse them with a view to the Secretariat assisting countries to draw up the necessary legal and regulatory infrastructures for requesting member states. Guidelines for an independent regulatory framework for commonwealth broadcasting organisations Int...
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