2003 Fiscal Year Final Research Report Summary
The Impact of IT Revolution and Legal System
| Project/Area Number |
13420007
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (B)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | RIKKYO UNIVERSITY |
|---|
Principal Investigator |
FUNADA Masayuki Rikkyo University, Faculty of Law and Politics, Professor, 法学部, 教授 (60062676)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
YASUNISHI Fumio Rikkyo University, Faculty of Law and Politics, Professor, 法学部, 教授 (90222356)
HASEBE Yasuo University of Tokyo, School of Law, Professor of Constitutional Law, 大学院・法学政治学研究科, 教授 (80126143)
EGUCHI Kiminori Keio Iniversity, Law School, Professor, 大学院・法務研究科, 教授 (50135927)
音 好宏 上智大学, 文学部新聞学科, 助教授 (60266062)
鈴木 秀美 大阪大学, 高等司法研究科, 教授 (50247475)
TOJO Yoshizumi Rikkyo University, Faculty of Law and Politics, Associate Professor of Law (70277739)
HASIMOTO Hiroyuki Rikkyo University, Faculty of Law and Politics, Professor (80172873)
|
|---|
| Project Period (FY) |
2001 – 2003
|
| Keywords | telecommunication / broadcasting / information / convergence or fusion / public interest / Internet / Freedom of expression / telephone |
|---|
| Research Abstract |
The result of our research on the theme "How the public policy and legal system concerning telecommunication,broadcasting and information in IT Revolution should be" is as follows.
Firstly,"the public interest" the key word of existing broadcastingsystem and accompanying legal system, particular to broadcasting, should be firmly maintained in the coming future. Especially "Freedom of broadcasting", which can be valued as the basic conditions for democratic society, should not be changed just because other conditions such as digitalization of broadcasting have evolved.
But we understand that there is a new task not to widen the definition of "broadcasting", since there aremany marginal services coming from "the fusion of telecommunication and broadcasting"
Secondly, broadcasting as well as telecommunication should be divided into hardware and software. And competition should occur in each field, Particularly it is required to form an environment where broadcasing software can be produced and distributed freely.
Thirdly, pertaining to the broadcasting-like services or business information supplying services on internet, it is the nainstream to protect the writing into electronic bulletin board on certain conditions as freedom of expression rather than defamation of character. The provider responsibility law is on the same line. We cannot help judging individually which we should weigh more, victim's right or "secrecy of communication"/ "freedom of expression" and its legal risk is increasing. Same thing can be said on broadcasting. Actually in recent years more and more broadcasting programs are regulated in consideration of human rights. In future we should try to establish a system with limited risks.
|
