Media Law

I

Introduction

Media Law, forms of legal regulation over the media of mass communication.

Laws relating to regulation of printed media, in the United Kingdom and virtually all other liberal democracies, operate within established norms of freedom of the press. This article deals exclusively with broadcasting law. Broadcasting law is characterized by detailed statutory regulation, which marks it apart from the relatively free press in respect of the nature and degree of external interference.

Regulation in broadcasting has been justified by reference to the limited numbers of frequencies available. Theoretically, the press is not limited in this way. Nevertheless, the development of fibre-optic cable systems and satellite broadcasting has revolutionized broadcasting, while the newspaper market is, in practice, controlled by a limited elite of press magnates.

In 1954 the Independent Broadcasting Authority (IBA) was established in the United Kingdom with statutory duties to ensure commercial programmes were balanced and in good taste. The British Broadcasting Corporation (BBC) accepted similar voluntary restrictions through a detailed set of guidelines. The 1980s saw the establishment of a Broadcasting Standards Council (BSC) in the United Kingdom to monitor sex and violence on television and a new regulatory body to oversee cable-television operators.

In 1990 important new reforms were introduced in the Broadcasting Act 1990, aimed at encouraging deregulation of the media in favour of a competitive market. Ironically, in the attempt to ensure the quality of the new market, controls are arguably tighter than ever before.

II

Independent Television Commission

Under the Broadcasting Act the IBA was replaced by the Independent Television Commission (ITC). The ITC acts as a regulatory body over the licensing of commercial television. The body has a general duty to ensure that a wide range of television programme services are available throughout the United Kingdom. Licences are allocated on the basis of the highest bidder unless a lower-bidding applicant promises a substantially better service. Applications for licences must be published with an invitation for public comment on applicants. Bidders must be nationals of the European Union, and national newspaper owners are not allowed more than a 20 per cent share in a licence holder. The ITC must be sure that an applicant is a fit and proper person to hold a licence. Once a licence is granted it will last for ten years, but can be reduced or revoked if the licence holder fails to comply with licensing obligations. The ITC also has powers to require a correction or apology, prevent rebroadcasting, or order a fine.

The ITC has an obligation to ensure that programming does not offend good taste or decency and that programmes satisfy a requirement of due accuracy and impartiality. The ITC is charged with providing guidance and is required to do all it can to secure that licensed television complies with the statutory provisions.

III

The Requirement of Balance

The BBC and independent broadcasters are required to ensure that news is communicated with due accuracy and impartiality, and that matters of political or industrial controversy are treated with due impartiality. Due impartiality does not require absolute neutrality on an issue. Partisan views are permitted, but opposed views should be given sufficient prominence for any bias to be balanced in a programme or over a series of programmes. In particular, if a programme is presented as depicting a personal view it is less likely to fall foul of the standards set. The courts have also been vigilant to ensure that different political parties are given broadcasting time and that one side is not dominating the media, especially at times of election. The ITC also has responsibilities with respect to regulation of cable and satellite television and can award cable franchises to the highest cash bidder.

IV

The British Broadcasting Corporation (BBC)

Although the BBC is regulated largely through licence, the licensing provisions mirror considerably the regulatory provisions in respect of the ITC. The BBC is subject to the statutory jurisdiction of the British Standards Council and has an undertaking under its licence to comply with the provisions relating to good taste and decency as well as the requirement of due accuracy and impartiality.