A Comparative Study of Sino-US TV program content regulation
|School||China University of Political Science|
|Keywords||TV program content regulation TV system Rule of Law Public interest|
The television industry is the public nature of a very strong industry, at the same time has commercial properties and public properties, even in the United States so that a private ownership as the basis of commercial broadcast TV system of the country, radio and television regulatory system on than the newspapers, magazines and other flat-media to be more stringent, because the broadcast TV spectrum resources as public resources management from the beginning of the television industry is the Public commissioned mode \Content industry is the core of the TV industry, the regulation of the content of television programs, the biggest difficulty lies in how to protect freedom of expression under the premise that the program content does not harm the public interest, the public interest definition alone vagueness, the public interest expression is also very important issue in reality exist. It is for this reason, although the target in order to protect the public interest, but the contents of the system of national television programs have their own characteristics. Content regulation of television programs in the United States formed a mature mechanism, improve the law, clearly defined terms of reference of an independent government agency, the self-regulation of the industry organization, as well as supervision and the role of citizens' groups, mutual restraint, mutual cooperation between these subjects. One TV classification system as an important way to regulate the content of television programs, industry organizations authorized by the authority of law formulating TV grading standards, grading of producers to produce their own programs, the broadcast of the program on the screen marked grading logo, look, do not look at the decision by the audience, civic groups, public and government-related institutions are to supervise, once found irregularities, the Federal Communications Commission this treatment, and television organizations on processing satisfied with the results, you can also take legal action. Such a sound legal system and mature program mechanisms, on the one hand, the necessary regulation of the content of TV programs, on the other hand, makes less direct intervention of the government in the regulation and protection of the freedom of the press, in addition to, but also because of citizens' groups and the presence of the public oversight, improve the effectiveness of self-regulation mechanisms. Contrast, in China since the date of the birth of television on the establishment of a fully public television system. Compared with the United States improve legal regulation, the regulation of the content of television programs in China, the role played by the rule of law. Terms of substantive laws, only sporadic terms, and related terms and not refined, did not form a complete system; procedural justice has also been questioned. Regulation of the content of television programs, China is a large number of policy documents play a role, but making process and the implementation of the effect of the relevant policies of the State Administration of Radio, Film and Television, and are subject to a number of questions. In the final analysis, is the basis of China's TV program content regulation system problems, the lack of legitimacy and rationality. Comparison purposes in order to obtain better development by drawing the mature U.S. TV program content regulation system gave China some inspiration, on the whole, we should accelerate the establishment of the legal system, to change our policy instead of legal regulation situation; policy regulation, improve radio and television administrative departments to develop the legitimacy and legality of the policy; should play the role of plural subjects, in particular, to play the role of self-regulatory mechanism.