广播电视法律规制的域外经验

Foreign Experience of Broadcast and Television Legal Regulation

广播电视是十分重要的行政规制领域,鉴于其受众的广泛性和产业的特殊性,为保障广播电视的自由与秩序,各国纷纷建立起法律规制体系。其共同特点为进行专门立法、设立独立规制机构、建立多层次的规制体系、坚持公共广播机构与商业广播机构的"双轨制"、在尊重言论自由基础上进行内容规制等。综合运用行政立法、行政许可、行政指导、行政处罚等规制手段,推动行业自我规制,是建立有序广播电视运营体制的重要机制。

Broadcast and television is a very important area of administrative regulation. Given the universality of the audience and the special nature of the industry, quite a fee nations have established legal regulatory system to protect the freedom and order in broadcast and television,. Their common features lie in enacting legislation, establishing independent regulatory agencies, building regulatory system with differing levels, insisting on separation of public and private broadcasts, content regulation on the basis of freedom of expression. The author states that integrated use of differing regulatory tools such as administrative rule-making, administrative licensing, administrative guidelines, administrative penalties and self-regulation is the crucial part of the regulatory system of broadcast and television.