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Broadcast law and Electricity law is the field oflaw that pertains tobroadcasting. These laws andregulations pertain toradio stations andTV stations, and are also considered to include closely related services likecable TV andcable radio, as well assatellite TV andsatellite radio. Likewise, it also extends tobroadcast networks.
Broadcast law includes technicalparameters for these facilities, as well as content issues likecopyright,profanity, andlocalism orregionalism.
In the Philippines, broadcasting falls under the jurisdiction of theNational Telecommunications Commissionwhile non-political content regulation is under the jurisdiction of theMovie and Television Review and Classification Board.[1] Political ones are regulated by theCommission on Elections.
Under the Philippine law, broadcasting networks require a congressional franchise[2] to operate television and radio stations.[3][4]
In the US, broadcasting falls under the jurisdiction of theFederal Communications Commission.
Some of the more notable aspects of broadcast law involve:
TheRadio Act of 1927 was the first major broadcasting law in the country. One of its provisions was the equal opportunity provision, providing a foundation for the equal time rule. This provision requires radio, television stations and cable systems which originate their own programming to treat legally qualified political candidates equally in selling or giving away air time. Concerns that, without mandated equal opportunity for candidates, some broadcasters might try to manipulate elections led to its creation by legislators.[5] TheCommunications Act of 1934 amended theRadio Act of 1927 and the equal time provision is located in section 315 of theCommunications Act of 1934.
TheCommunications Act of 1934 was another hallmark moment in broadcasting law history, because it created theFederal Communications Commission (FCC) for the purpose of "regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, nationwide, and world wide wire and radio communications service ..." (In this context, the word "radio" covers both broadcast radio and television.) The FCC has the authority to "make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of theCommunications Act of 1934."[6]
In 1949, the FCC enacted a policy, referred to as the "Fairness Doctrine," for the purpose of ensuring balanced and fair coverage of all controversial issues by a broadcast station. The FCC adopted the view that station licensees were "public trustees," and, therefore, had an obligation to broadcast discussion of contrasting viewpoints on controversial issues of public importance. It was later established that stations should also actively seek out issues of importance to their community and air programming about those issues. During the 1980s, theReagan Administration pressured the FCC to eliminate thefairness doctrine.[7]
In the UK, broadcasting has been regulated by theOffice of Communications (Ofcom) since 2002.
Scheduled radio and television broadcasting services need a licence from Ofcom under the Broadcasting Act1990 or1996, and must comply with the OfcomBroadcasting Code[8] made under section 319 of theCommunications Act 2003, together with a number of other codes relating to access, electronic programme guides, advertising, and so on. TheBBC is subject to some, but not all, of the requirements of theBroadcasting Code.
On-demand television services are regulated by theOfcom, so long as they fall within the definition of regulated services in section 368A(1) of theCommunications Act 2003, and must comply with the programme standards set out in Part 4A of theCommunications Act 2003.
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