| Co-Investigator(Kenkyū-buntansha) |
YASUNISHI Fumio RIKKYO UNIV., COLLEGE OF LAW & POLITICS, ASSIST.PROFFESSOR, 法学部, 助教授 (90222356)
HASEBE Yasuo TOKYO UNIV., FACULTY OF LAW, PROFFESOR, 大学院・法学政治学研究科, 教授 (80126143)
EGUCHI Kiminori SOPHIA UNIV., FACULTY OF LAW, PROFFESOR, 法学部, 教授 (50135927)
HASHIMOTO Hiroyuki RIKKYO UNIV., COLLEGE OF LAW & POLITICS, PROFESSOR, 法学部, 教授 (80172873)
SUZUKI Hidemi HIROSHIMA.UNIV., FACULTY OF LAW, ASSIST.PROFFESSOR, 法学部, 助教授 (50247475)
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| Research Abstract |
The purpose of our research is to formulate a desirable policy and a legal institution concerning three fields i.e. telecommunication, broadcasting, and information, in the midst of technical innovation and its use, particularly amazing development and spread of digitalization and the internet.
Firstly, as to "the convergence between telecommunication and broadcasting, " telecommunication and broadcasting should be separated as such, for, regarding the typical telecommunication, the confidentiality of telecommunication is guaranteed under the current constitution due to the fact that it implies personal communication and elemental broadcasting is on the contrary considered to realize the concept, "freedom of expression"
On the other hand, as for the untypical telecommunication such as 'broadcasting' through the Internet and non-elemental broadcasting(for example, pay TV), freedom of expression should be basically emphasized and new regulation should be minimized. However, there should be some regulation on contents providers who violates public policy or good morals.
Secondly, the principle of "the unity of the program license and the transmitting license, " employed by the current legal system concerning elementary broadcasting, should be altered to "the division of the program license and the transmitting license" and then, drastic revision of the regulation on media ownership should be realized.
Thirdly, the present legal institution concerning the fee system and the business field of public broadcasting (NHK) should be basically maintained, but satellite broadcasting and the use of the internet by NHK should be allowed on the conditions that NHK will make its management more transparent and efficient, and at the same time it will try to maintain fair competition order through e.g. changing the current fee system to pay TV system.
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