media regulation · media regulation dr. weng, hsiao-ling commissioner, ncc september 15, 2009, fcc...
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National Communications Commission
MEDIA REGULATION
Dr. Weng, Hsiao-Ling
Commissioner, NCC
September 15, 2009, FCC
National Communications Commission
Outline
1. Media Industry in Taiwan
2. The Structure Control of Media Market
3. System of Content Regulation
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Media Industry
in Taiwan
National Communications Commission
Media Industry in TaiwanMedia Industry in Taiwan
61Cable Television System
2
99
8
5
172
Amount
IPTV
220Satellite Broadcasting Business (Satellite
Broadcasting Program Supplier )
Satellite Broadcasting Business (Direct
Satellite Broadcasting Service Operator )
15Terrestrial Television
Terrestrial Radio
Channel
(analog digital)Type
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Institutional Regulation
Telecommunications
Act
Telecom
Broadcast
Cable Radio and
Television Act
Radio and Television
Act
Satellite Broadcasting
Act
National Communications Commission
Infrastructure
Operator
Multimedia content
service
Non-Channel content
Service
(VOD、、、、Near-VOD)
Channel content
service
Telecommunications
Law
Media
regulation
The future legal framework of communications under digital convergence
trend
Common law
Broadcasting
Lawuncertain
LinearNon-Linear
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Media Market
Management
National Communications Commission
Legal Framework of Media Ownership
in Taiwan
Radio and Television Act(Enforcement Rules of the Radio and Television Act
【Article 18 、Article 19】)1. Private individual:
((((1))))in combination with his/her spouse, lineal relatives by blood and marriage, and relatives within the second degree of consanguinity, cannot hold more than 50 percent of the shares of the business
(2)cannot hold more than 10 percent of the total shares of a newspaper or terrestrial radio/television business
2. Juridical individual : individually or in combination with related businesses, cannot hold more than 50 percent of the total shares of a newspaper or terrestrial radio/television business
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National Communications Commission
Legal Framework of Media Ownership
in TaiwanCable Radio and Television Act
� System Operator
� Programs provided by system operators and
their affiliated enterprises shall not exceed 25
percent of the usable channels.
Satellite Broadcasting Act
� The management of content
� Horizontal Merger: No Limit
� Cross-Ownership: No Limit
National Communications Commission
General Aspects and Cases Concerning the
Convergence of Media Industry in Taiwan
Terrestrial television Terrestrial television &&&&&&&& Terrestrial RadioTerrestrial Radio
Terrestrial television Terrestrial television &&&&&&&&Satellite Satellite
broadcasting program supplier broadcasting program supplier
Cable system operator Cable system operator &&&&&&&& Satellite Satellite
broadcasting program supplier broadcasting program supplier
Newspaper Newspaper &&&&&&&& Terrestrial television Terrestrial television
&&&&&&&&Satellite broadcasting program supplier Satellite broadcasting program supplier
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Terrestrial television &&&& Terrestrial Radio
A company
Terrestrial
televisionTerrestrial Radio
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Terrestrial television&&&&
Satellite broadcasting program supplier
FTV
Terrestrial TVSatellite broadcasting
program supplier
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Cable system Operator &&&&
Satellite broadcasting program supplier
B company
(MSO)
SO SO SO
Satellite broadcasting
program supplier
D Company
National Communications Commission
Newspaper &&&&Terrestrial television
&&&&Satellite broadcasting program supplier
A Company
B Company
C Newspaper
D Company
E Terrestrial
television
F Satellite broadcasting program supplier
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Content RegulationContent Regulation
National Communications Commission
Principles of Content Regulation
Respect Respect freedom of speechfreedom of speech
Ensure a fair and responsible mediaEnsure a fair and responsible media
Safeguard the rights of childrenSafeguard the rights of children
Disclose commercial informationDisclose commercial information
Establish the Mechanism of coEstablish the Mechanism of co--regulationregulation
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National Communications Commission
Respect Freedom of Speech
� Respect editor autonomy and innovation
� Relaxed regulation, except in
disobedience of law
� Subsequent punishment (not censorship)
National Communications Commission
Ensure a Fair and Responsible Media
�� NCC rules on the operations or license NCC rules on the operations or license
renewals of TV channelsrenewals of TV channels
�� Applications shall be submitted to the Applications shall be submitted to the
regulatory agency for approval to operate regulatory agency for approval to operate
broadcasting. broadcasting.
�� License issued for each channel License issued for each channel
�� Formal review Formal review
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Safeguard the Rights of ChildrenSafeguard the Rights of Children
�� Establish the classification Establish the classification
criteria/system of TV programscriteria/system of TV programs
�� Promote the Internet Content Promote the Internet Content
Rating systemRating system
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Disclose Commercial Information
� Advertisement regulation
� Advertisements and programs must be
clearly separated
� Regulate ad time on the basis of a program
� However - no definite regulations regarding
product placements
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Establish a Mechanism of Co-regulation
�� Improve selfImprove self--regulationregulation
� Internal self-regulation
Set up the mechanism of internal
accountability system
� external self-regulation
Encourage business associations to set up
self-regulation mechanisms
National Communications Commission
Establish a Mechanism of CoEstablish a Mechanism of Co--regulationregulation
�� Expand public supervisionExpand public supervision
The management of content involves a plurality of
values, such as freedom of speech and social
and industrial development – all of which
require public contribution and assistance
� Consultation Commission on Broadcasting
� Consumers appeal system on Content
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National Communications Commission
Questions
1. How does FCC deal with cases of cross-media
integration?
What are the Measures of ex ante and ex post?
2. In the era of convergence, how does FCC define the
media market, its purpose, and its principles ?
3. What are the views of FCC on the trend of the media
industry towards horizontal, vertical integration or
conglomeration?
National Communications Commission
Questions
1. Does FCC select the same standards of channel
management, or different management approach,
depending on the type of channel (satellite, cable, etc)?
2. Is there any content regulation of new media such as
IPTV and mobile content in the US?
� If so, could you please describe it?
3. How do you protect minors from viewing inappropriate
content on these new media?
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National Communications Commission
Thank You for ListeningThank You for Listening
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www.ncc.gov.twwww.ncc.gov.tw