L37 - Satellite Broadcasting Regulations Flashcards
What are the three categories of satellites used for TV transmissions?
Low-powered telecommunications satellites
Direct broadcasting satellites
Medium-powered telecommunications satellites
What does the satellite broadcasting market include?
Satellite operators
TV networks
Providers of digital packages
Programs
What are the theories of programs broadcast in the 70s and nowadays?
70s:
The free flow of information VS The prior consent rule
Nowadays:
The ultra-liberal theory VS The cultural theory
What is the American doctrine? (regarding satellite broadcasts)
Free communication without government interference.
What is the ideological basis for the American doctrine? (regarding satellite broadcasts)
Free flow of information theory.
What is the legal and official justification for the American doctrine? (regarding satellite broadcasts)
Freedom of Outer Space and freedom of information.
What is the Political and secret justification of the American doctrine? (regarding satellite broadcasts)
World-wide dissemination of US ideology and goods; isolation of USSR by propaganda.
What is the Socialist doctrine? regarding satellite broadcasts)
No direct communication without prior consent of the Receiving State.
What is the ideological basis for the Socialist doctrine? (regarding satellite broadcasts)
Leninist theory of information (it is a governmental tool) - imperialism theory
What is the legal and official justification for the Socialist doctrine? (regarding satellite broadcasts)
Non-interference in internal affairs and propaganda prohibition.
What is the Political and secret justification of the Socialist doctrine? (regarding satellite broadcasts)
Avoid any contact between populations and foreign governments in order to maintain socialist dictatorship.
What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)
Free flow of information with rules aimed to ensure cultural preservation and development.
What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)
Cultural exception theory - cultural works are not commercial goods and cultural industries/institutions must be protected.
What is the legal and official justification for the Euro-Canadian doctrine? (regarding satellite broadcasts)
Freedom of information and pluralism of information.
What is the Political and secret justification of the Euro-Canadian doctrine? (regarding satellite broadcasts)
Avoid an Americanization of medias and develop strong local and regional audio-visual industries.
When and where were broadcasting plans developed by ITU?
Geneva 1977 plan & 1983 plan amended by Istanbul 2000 conference
What is the National Service Rule? (ITU)
DBS frequencies must be used for national coverage only.
What happens in the case of spillover of broadcasting? (ITU)
No protection against interferences (the receiving State can jam).
What are the ITU regulations regarding data broadcast?
National Service Rule
In case of Spillover, the receiver can jam
Protection of sovereignty over networks
What are the UN political principles regarding data broadcast?
Principles governing the use by states of artificial earth satellites for international direct television broadcasting
Prior consent rule
Non Biding text (recommendations) has no customary value
What is the Prior Consent Rule?
A Receiving country must give consent before getting direct broadcasting of data.
What is the Universal frameworks applicable to communication via satellite?
- Rules guaranteeing free communication via satellite
2. Rules protecting sovereignty
What are the rules guanranteeing free communication via satellite?
Outer space freedom
Freedom of information
What are the Rules protecting sovereignty?
Protection of cultural diversity (UNESCO Convention 20005)
Prohibition of illegal content:
- war and subversive propaganda
- advocacy of national
- rational propaganda
- Genocide
- apartheid propaganda or advocacy
- discrimination against women propaganda and advocacy
- no decency regulation but promotion of self-regulation and parental control for violent and sexual content
Give an example of a country violating Freedom Outer Space and Freedom of Information?
Iran is jamming the broadcasting of programs about Iran over the region! (it is jamming the satellite directly)
What are the European sources?
Council of Europe
General source: European Convention on Human
Rights 1950 – freedom of information
Special source : European Convention on Transborder TV 1989 amended in 1998
European Union
General source : Rome Treaty 1957 – Freedom of
services
Special source : European Directive on TV without frontiers 1989 amended in 1997 and in 2007
Freedom of information in Europe?
Free reception for all public intended programs
States can temporary suspend programs in special pre-determined cases
The Broadcaster State verifies the conformity of the content of the programs with European law
What can a European Channel do with a license from one European country?
It can broadcast all over Europe
What if the broadcasting company isn’t in Europe? (for European Broadcasting Law)
The “uplink” operator is responsible if it is European if not it is the satellite operators.
How does Europe promote its content from a regulatory point of view?
Transmission Quota
Production Quota
What is the Transmission Quota Europe uses to promote its content from a regulatory point of view?
States shall ensure that broadcasters reserve at least 50 % of their transmission time for European works.
What is the Production Quota Europe uses to promote its content from a regulatory point of view?
States shall ensure that broadcasters reserve at least 10 % of their transmission time or at least 10 % of their programming budget for European works created by independent producers.
What are the Rules harmonisation on European content?
Advertising, sponsorship and tele-shopping
Free-to-air retransmission of major sport events
Violent, pornographic programs and programs inciting to hatred
What are the consequences of the adoption of the European broadcasting legal framework?
Growth of satellite operators
Growth of transborder channels and digital platforms
Growth of European film industry and re-balancing of American Vs European TV works
