미국 방송법제상 공정성 원칙의 전개 연구|RISS 상세보기

다국어 초록 (Multilingual Abstract)

Fairness Doctrine has been the FCC’s policy that has demanded the broadcaster to devote a resonable percentage of time to the coverage of public issues and that his coverage of these issues must be fair in the sense that it provides an opportunity for the presentation of contrasting points of view. It has been developed by case laws and was the topic of the report ‘In the Matter of Editorializing by Broadcast Licensees’ in 1949. Here Fairness Doctrine was established as the policy of FCC.
It was codified in Communications Act § 315 in 1959. But there happened debates many times about the matter of codification. And Personal Attack Rule and Fairness in Political Campaign have been stemmed from Fairness Doctrine. It has been firmed by the cases of Red Lion Broadcasting Co. v. FCC and 1974 Fairness Report for public interest and on the base of scarcity.
But broadcasters have said that Fairness Doctrine has burdened them too heavily to bear and have criticized that it has been inclined to chill the broadcasting of the issues of public importance on the belief of the invalidity of scarcity rationale. So FCC investigated several times the validity of Fairness Doctrine and published 1985 Fairness Report. Still 1986 it has been supported by majority. But it has been changed by the cases of Syracuse Peace Council v. FCC and Telecommunications Research and Action Center v. FCC. At last FCC eliminated Fairness Doctrine in 1987. Then FCC has assumed that the increasing competition in marketplace and the relevance to First Amendment, the chilling effect of it have justified the elimination.
The Fairness and Accountability in Broadcasting Act, introduced in February 2005 by Representative Louise Slaughter, would restore the Fairness Doctrine as well as the FCC’s old “ascertainment” policy, which required broadcasters to elicit feedback from their communities about the issues that they should cover. Another House bill, the Media Ownership Reform Act proposed by Representative Maurice Hinchey, would also reinstate the Fairness Doctrine, although as just one piece of a broader effort to limit the size and influence of media conglomerates. Both of these bills are currently in committee, and ideally, that is where they will stay.
It is necessary for us to arrange and to strengthen Fairness Standard in Broadcasting review on the base of U.S. theory and experience. We should monitor and control the enforcement of Korean Communication Commission and Korea Communications Standards Commission. Because we are afraid of their’s exceeding authority as commissions of administration. If the Fairness of Broadcasting will be established, then we will expect that liberal democracy will be blossomed more than now in Korea.

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참고문헌 (Reference)

1 Fred W. Friendly, "The Good Guys, The Bad Guys and The First Amendment" Library Journal , 1976

2 Richard E. Labunski, "The First Amendment under Siege: The Politics of Broadcast Regulation" Praeger , 1981

3 T. Barton Carter, "The First Amendment and the Fourth Estate" The Foundation Press Inc. , 1991

4 Steve Rendall, "The Fairness Doctrine, How We Lost it, and Why We Need it Back, Fairness and Accuracy in Reporting (FAIR) newsletter (Extra!)" 2005

5 R. Trevor Hale, "The Fairness Doctrine in Light of Hostile Media Perception, CommLaw Conspectus" The Catholic University of America , 2011

6 Roland F. L. Hall, "The Fairness Doctrine and the First Amendment: Phoenix Rising, Mercer Law Review" Mercaer University , 1994

7 Erik Ugland, "The Fairness Doctrine Redux: Media Bias and the Rights of Broadcasters" Minnesota Journal of Law, Science & Technology , 2005

8 Robert W. Leweke, "Rules without a Home: FCC Enforcement of the Personal Attack and Political Editorial Rules" Communication Law and Policy, Peer Reviewed Journal 6 (4) , 2001

9 "Regulating Broadcast Programming" The AEI Press , 1994

10 William E. Francois, "Mass Media Law and Regulation" Iowa State University Press , 1990