Governing Structure of Public Service Broadcasting: a comparative Analyses Dr. Javad Mottaghi icon

Governing Structure of Public Service Broadcasting: a comparative Analyses Dr. Javad Mottaghi



НазваниеGoverning Structure of Public Service Broadcasting: a comparative Analyses Dr. Javad Mottaghi
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Governing Structure of Public Service Broadcasting: A Comparative Analyses

  • Dr. Javad Mottaghi

  • Director, AIBD


Internal Governing Structure

  • Broadcasting Act/Environment

  • Board

    • Number of Members and Terms of Appointment
    • Power and Roles of Board
    • Constitution of the Board
    • Conditions on Members
    • Membership Criteria
    • Removal
    • Remuneration


Australia: ABC

  • Australia :The ABC Act

  • The ABC Act empowers it to carry out all the functions necessary to the operation of a national broadcaster



Canada: CBC

  • Canada:

  • The CBC is a crown corporation, wholly owned by the Canadian government, and by consequence the Canadian people. This means that the federal government controls the terms and conditions of the CBC’s existence and operation through its legislative authority.



France:CSA

      • France, public service broadcasting is established and regulated by the 1986 Law relating to freedom of communication (1986 Law).
      • The main regulatory body, the Conseil Superior de l’Audiovisuel (CSA) is an independent statutory body, established under a 1989 Law.
      • The Conseil constitutionnel (Constitutional Court) has applied Article 11 to broadcasting regulation on a number of occasions, modifying or striking out inconsistent provisions.


Japan: NHK

      • Japan’s public service broadcasting organisation, the Nippon Hoso Kyokai, or NHK, traces its roots to 1926, when it was created out of three city-based radio broadcasters.
      • The world’s best-funded public service broadcasting organisation, with a total expenditure in 1999 exceeding 625 billion yen or nearly US$6 billion.
      • NHK currently operates as a classical public service broadcasting organisation, as established pursuant to the Broadcast Law of 1950, as amended.


South Africa: SABC

      • The South African Broadcasting Corporation (SABC) has undergone a number of changes in recent years to bring it into line with the new democratic dispensation and to ensure that it serves the needs of all the citizens of South Africa.
      • A completely new Broadcasting Act, the key legislation governing the SABC, was adopted in 1999 (the 1999 Act), replacing the former 1976 Act, and the changes introduced by the new law have yet to be fully implemented


UK:British Broadcasting Corporation

      • UK: 1926:The British Broadcasting Corporation (BBC) was founded under a Royal Charter (Charter) and continues to enjoy the same status to this day.
      • 1926 until 1954: The BBC had a monopoly on broadcasting.
      • BBC is to provide broadcasting as a “public service for disseminating education, information and entertainment”.
      • In 1973, local commercial radio was finally authorised


Governing Board

  • Number of Members and Terms of Appointment

  • Power and Roles of Board

  • Constitution of the Board

  • Conditions on Members

  • Membership Criteria

  • Removal

  • Remuneration



Number of Members

  • Australia: 6-8 Directors

  • Canada: up to 12 members

  • France:12 Members

  • Japan:12 Members

  • South Africa:12 members as well as CEO, Chief Operating officer and Chief Finance officer

  • United Kingdom: 12 Members( or such number as may be ordered under the Royal)



Term of Appointment

  • Australia: 5 years /Renewable

  • Canada: 5 years /Renewable

  • France: 3 years

  • Japan: 3 years /Renewable

  • South Africa: Not to exceed 5 years

  • United Kingdom: 5 years /Renewable



Powers/Roles

  • Australia

    • Ensure ABC performs efficiently
    • Maintain its integrity and independence
    • Ensure news is accurate and impartial
    • Ensure compliance with broadcasting regulations


Powers/Roles

  • Canada: Oversights of performance but not day to day activity

  • France: Different Broadcasters have different relationships with their governing bodies, depending on their individual charters



Powers/Roles

  • Japan: Decide on management, policy, budget, financial planning and other important matters, the plan of broadcasting stations, broadcasting standards and remuneration of officers

  • Appoint the president and the auditors, approve the appointment, by president, of the Vice-Presidents



Powers/Roles

  • South Africa

    • Controls the affairs of SABC
    • Specific obligations to protect the independence and freedom of SABC


Powers/Roles

    • United Kingdom
    • Approve clear objectives and monitor compliance with them, ensure high standards of probity, propriety and value for money
    • Set overall strategy , ensure appropriate consultation with various councils and due regard for the views of listeners, monitor the fulfillment of legal and contractual obligations, appoint a Director General and other senior members of management


Constitution

  • Australia: Governor general ( i.e. cabinet)

  • Canada: Governor Council ( i.e. cabinet)

  • France:

    • One from each chamber of parliament
    • 4 representing state
    • 4 Nominated by broadcast regulator
    • 2 representing the workforce
    • The presidents are nominated by broadcast regulator


Constitution

  • Japan: The Prime Minister , with the consent of both houses of the Diet

  • South Africa: The president on the advice of the National Assembly in a manner ensures transparency, openness, and public participation in the nominations process, after publication of a short list candidates

  • UK: Appointed under the Royal prerogative( in practice the prime minister)



Conditions on Members

  • Australia: must have experience related to broadcasting and other related matters

  • Canada: Must be prominent citizens from the fields of law, medicine, accounting, business and the arts

  • France: No formal criteria other than the appointment process



Conditions on Members

  • Japan : Must be capable of making fair Judgments, and collectively have wide experience and knowledge of relevant issues, including the fields of education, culture ,science and industry

  • Not have been sentenced to imprisonment or dismissed for cause from the public service, Be a national public servant, a staff member of any political party or have substantial interest in any broadcasting and related enterprise



Conditions on Members

  • South Africa : Collectively must have suitable qualifications, expertise, and experience in various broadcasting areas, be committed to fairness, freedom of expression, the objects of SABC and accountability

  • Must be citizen and permanent residents of South Africa, must not be determined by a court to be mentally ill,

  • have been convicted of a serious crime, a crime of dishonesty or an offence under the act



Conditions on Members

  • UK: Three governors are national governors( representing Northern Ireland, Scotland and Wales) and must be selected for their knowledge of culture, characteristics and affairs of the people and their close touch with local opinion



Membership Criteria

  • Australia: Members must declare any conflicts on interest with respect to specific matters and remove themselves from the debate

  • Canada: Must represent all regions of the country, obligation of good faith and due diligence to CBC, conflict of interest restrictions



Membership Criteria

  • France: Structure designed to ensure membership representative of society as a whole

  • Japan : At least one Governor must come each of the eight districts listed, no more than 4 Governors may belong to any political party



Membership Criteria

  • South Africa: Must represent broad cross-sections of the population, strict conflict of interest rules and if a conflict interest issue arises the member involved must leave

    • UK: None in the constituent instruments


Removal

  • Australia: Misbehavior, physical or mental incapacity, bankruptcy, failure to comply with obligations, absence from three consecutive meetings without leave

  • Canada: Only for cause

  • France: No formal conditions set out in the law, presumably the appointing body could remove



Removal

  • Japan:Prime Minister may dismiss if no longer satisfy the conditions of appointment or , with the consent of both Houses of the Diet, if they are unable to perform their duties, have acted contrary to the official obligations or are guilty of malfeasances which render them unfit to be governors



Removal

  • South Africa: may be removed for misconduct or inability to perform his or her duties, after due inquiry and upon recommendation of the board

  • UK: cease to be governors if resign, are terminated under the Royal prerogative, have interests which conflict with their governing duties, become bankrupt, suffer from a mental disorder or absent themselves from meetings for longer than three months without consent



Remuneration

  • Australia: As determined by the remuneration tribunal

  • Canada: As fixed by the by-laws of CBC

  • France: Not set out n the governing council

  • Japan: Appropriate compensation

  • South Africa: Not set out in the governing legislation

  • UK: As determined by the secretary of State, from the funds of BBC



Administration- Structure







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