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Review of Public Service Broadcasting in Hong Kong 20-22 June 2006

Prof. Dr. Albrecht Hesse, Legal Director of ARD/BR, discusses the duties and activities of public service broadcasting with new approaches and challenges. The review covers subsidy issues, protection of license-fee payers, self-imposed commitments, and scheduling autonomy. The three-tier model of regulated self-regulation is explored, emphasizing the commitment to the public over political influence. Objectives include clarifying the public service profile and promoting acceptance of public broadcasting. Success hinges on structural reform and financial stability.

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Review of Public Service Broadcasting in Hong Kong 20-22 June 2006

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  1. Review of Public Service BroadcastingHong Kong 20 – 22 June 2006 Public Service Remit A new way to define its scope Prof. Dr Albrecht HesseLegal Director, ARD/BR

  2. Discussion about the duties and activities ofpublic service broadcasting-New impetus • Europe: subsidy issues, Amsterdam Protocol, Member States must define the remit so that the funding requirements for PSBs can be checked • Protection of the licence-fee payer • Private broadcasters calling for limitations on PSBs • ARD and ZDF accused of trivial programming and convergence with commercial programming

  3. but... • Difficult to define in legal terms the exact scope and content of schedules • No account taken of the need for constant schedule development in a competitive environment • Scheduling autonomy: broadcaster makes own decision about the content of schedules • Constitutional law protects both the existence and the development of public service broadcasting and scheduling autonomy

  4. Solution: • Self-imposed commitment similar to the BBC Promises • Broadcaster knows best what content it should show • §11 RfStV came into force on 1 April 2004 • Example of regulated self-regulation

  5. Three-tier model • RfStV: states that ARD/ZDF must make a self-imposed commitment, but leaves them to decide on the content and the selection procedure • Guidelines: contain abstract programming principles which are valid for more than two years and regulate selection procedure • Self-imposed commitment contains concrete programming goals for the next two years, after which a report is made on that period

  6. Selection procedure • Collection of information on programme planning for the next two years • Intensive discussions with internal supervisory bodies to gain the greatest possible legitimacy

  7. Commitment to the general public, not to political or governmental institutions Objectives: • To make the public service profile clear: e.g. 40% information programming (increasing to 50% in prime time), expenditure on high-quality TV films, but also sport and entertainment • Promoting acceptance of public service broadcasting

  8. Outlook • Success remains to be seen, particularly regarding stabilization of public service broadcasting • Link with structural reform and an increase in the licence fee. __________

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