Broadcasting, Voice, and Accountability A

Participatory development and government accountability depend in part on the existence of media that provide broad access to information from varied sources and that equip and encourage people to raise and debate issues and develop public opinion. Conducive policies, laws, and regulations are essential for media to develop that are independent and widely accessible and that enable the expression of diverse perspectives and sources of information. Broadcasting, Voice, and Accountability presents a framework to inform analysis of existing policies and support the development of a vigorous media sector, with a particular emphasis on broadcasting. It focuses on broadcasting because that is the medium with the greatest potential to reach and involve society at large, including the most disadvantaged and illiterate segments of society in developing countries. Information on good practices in broadcasting policy is in demand in countries of every region-particularly in countries that are opening their economies, democratizing, and decentralizing public service delivery.

Introduction	p. 1
Governance, Broadcasting, and Development	p. 5
Governance, Development, and Media	p. 6
In the Public Interest	p. 6
Media and Governance	p. 9
Media beyond Governance	p. 15
Key Features of Communication and Media	p. 19
The Wider Environment	p. 23
Normative Underpinnings and an Emerging International Consensus	p. 26
Broadcasting Sectors and Types	p. 30
A Focus on Broadcasting	p. 30
Basic Broadcasting Types	p. 35
Opening the Range of Broadcasting Types	p. 43
Regional Broadcasting Characteristics and Trends	p. 48
The Media Environment Regionally	p. 48
Region by Region	p. 51
Conclusion: An Emerging Paradigm	p. 68
The Enabling Environment for Media	p. 75
Overview	p. 76
Guarantees of Freedom of Expression	p. 78
Good Practice Checklist	p. 78
Introduction	p. 78
Guarantees of Freedom of Expression	p. 80
Guarantees of Freedom of the Press/Media	p. 82
Direct Applicability of International Law	p. 84
Enabling Access to Information	p. 87
Good Practice Checklist	p. 87
Introduction	p. 88
Constitutional Guarantees of Access to Information	p. 91
Principle of Maximum Disclosure	p. 92
Proactive or Routine Disclosure	p. 94
Narrow Regime of Exceptions	p. 96
Good Process Guarantees	p. 99
Right to Independent Review of Refusals to Grant Access	p. 101
Protection for Whistle-blowers	p. 103
Promotional Measures	p. 104
Use and Misuse of Defamation Law	p. 107
Good Practice Checklist	p. 107
Introduction	p. 108
Who May Sue	p. 109
Criminal Defamation	p. 111
Proof of Truth	p. 113
No Special Protection for Public Officials	p. 114
Opinions	p. 116
Defense of Reasonable Publication	p. 118
Redress	p. 121
Content Rules and Limits to Free Speech	p. 123
Good Practice Checklist	p. 123
Introduction	p. 123
Constitutionally Authorized Limitations on the Right to Freedom of Expression	p. 124
General Principles of Content Restrictions	p. 126
National Security/Public Order	p. 127
Hate Speech	p. 129
Obscenity	p. 131
Protection of the Administration of Justice	p. 133
False News	p. 136
Political Expression/Elections	p. 138
Regulation of Journalists	p. 141
Good Practice Checklist	p. 141
Introduction	p. 141
Absence of Licensing and/or Registration Requirements	p. 143
Self-Regulation	p. 145
Protection of Sources	p. 146
Right of Correction/Reply	p. 150
Promoting Plural and Independent Broadcasting	p. 153
Overview	p. 154
Regulation and the Government Role	p. 156
Good Practice Checklist	p. 156
Introduction	p. 157
Threats to Independence	p. 158
An Independent Regulatory Body	p. 160
Powers and Duties	p. 162
Appointment of Members	p. 164
Transparency and Consultation	p. 166
Public Accountability	p. 168
Funding Arrangements	p. 169
Regulating Broadcast Content and Distribution	p. 171
Good Practice Checklist	p. 171
Introduction	p. 172
Positive Content Rules	p. 173
Content Restrictions and Codes of Conduct	p. 177
Sanctions	p. 179
Spectrum Planning for Broadcast Services	p. 182
Must-Carry Rules	p. 185
Public Access Channels	p. 186
Public Service Broadcasting	p. 189
Good Practice Checklist	p. 189
Introduction	p. 190
Status and Independence	p. 193
Duties and Responsibilities	p. 194
Governance	p. 197
Membership of the Governing Board	p. 199
Director General	p. 201
Funding	p. 203
Community Nonprofit Broadcasting	p. 206
Good Practice Checklist	p. 206
Introduction	p. 207
Recognition and Differentiation	p. 209
Definition and Characteristics	p. 212
Licensing Process	p. 215
License Terms and Conditions	p. 217
Funding and Sustainability	p. 220
Public Funding	p. 222
Commercial Private Sector Broadcasting	p. 227
Good Practice Checklist	p. 227
Introduction	p. 228
Regulation	p. 230
Licensing Process	p. 232
Rules on Concentration of Ownership	p. 234
Rules on Foreign Ownership	p. 235
Public Service Requirements	p. 236
Public Grants, Subsidies, and Advertising	p. 238
Epilogue: Information Needs and Development Options	p. 240
The Research Agenda	p. 240
Options for Development Assistance	p. 244
Convergences: Fostering Accountability, Engaged Societies, and Collective Leadership	p. 259
Key Policy Reforms	p. 262
Bibliographical Annex	p. 267
Index	p. 381
About the Authors	p. 401
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Broadcasting, Voice, and Accountability A Public Interest Approach to Policy, Law, and Regulation

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