방송의 공정성 확보를 위한 제도적 개선방안에 관한 연구

Abstract

This study aims to point out problems of current deliberation system on fairness of broadcasting program, to propose a few alternatives to solve the problems, based on problem-posing about propriety and efficiency of current deliberation system on fairness of broadcasting program. The results of this study are as follows. First, this study discussed constitutional justification rationales of regulation on fairness of broadcasting program. Besides historical justification rationales, for example, spectrum scarcity, pervasiveness, power of broadcasting, public goods theory, the history of broadcasting regulation, consideration on double-sidedness of freedom of speech or press, guarantee of diversity of information and opinion, legislative discretion of legislator were presented as new constitutional justification rationales. Second, this study analyzed broadcasting program fairness thesis according to ‘dualizing of behavioral norm/control norm’, and explained meaning of broadcasting program fairness as a behavioral norm or a control norm respectively. Third, this study analyzed problems of current deliberation system on fairness of broadcasting program, concretely focusing on difficulty in establishing contents and standards of fairness of broadcasting program, politicalization of deliberation system, problems of legal sanctions and so on. Fourth, this study presented improvement plans and analyzed strengths and weaknesses of the plans, including ① a rationalization plan of current deliberation system by Korea Communications Standards Commission, ② a plan to maintain only deliberation system on fairness of election report, ③ a plan to include into press arbitration by Press Arbitration Commission, ④ a plan to reinforce self- deliberation by broadcasting self-regulation body.