Models of Television Broadcasting Regulations in the USA Cover Image

Modeli pravne regulative televizijskog emitovanja u Sjedinjenim Američkim Državama
Models of Television Broadcasting Regulations in the USA

Author(s): Miroslav Colić
Subject(s): Law, Constitution, Jurisprudence, Media studies, Politics and law
Published by: Institut za uporedno pravo
Keywords: TV broadcasting; legislation; deregulation; public interests; corporative interests;

Summary/Abstract: This paper is concerned with analysis of implementation of legislative regulation on broadcasting system of the United States of America, with special reference to the process which has put frequency spectre, with the aid of legal regulations, more and more in the service of commercial interests and not any other public property with a different concept. Hypothesis that the state legislation in the USA promotes and spreads only some interests and not those of all citizens is proved by the comparative analysis of the originally and recently adopted legal acts. The Communications Act of 1934 (which established public, not private property on radio waves) and the Public Broadcasting Act of 1967 (which stimulates the production of non-commercial programme, especially for children, and PBC, Public Broadcasting Corporation, is being established), defined television as a medium in the service of public interest and in the function of development of American democracy, while recently adopted legislative regulations (as the Telecommunications Act of 1996 and regulations of the Federal Communications Commission from 2003, as well as their latest initiatives), according to media scientists and researchers presented in this paper, turn the television into an instrument of establishing ruling of commercial interests. Throughout the American history, in almost every walk of life, primary definitions of common goods have been remodelled and, by adopting certain legal measures, gradually reduced to protection of certain interests (politics and capital), not common interests of all the citizens of America. The key moment for understanding this developing paradigm was when the Declaration of Independence text (1776), which refers to the rights of all people to “life, liberty and the pursuit of happiness” at the 1789 USA Constitution has been changed in the way that the phrase on the right to “pursuit of happiness” has been altered into the right to “property”. The US system institutions have been working for decades on carrying out in practice, through legislative measures, the ideology of bringing down the term of happiness to acquiring and protection of private property, that is to teleology of property. Reassessment of legislative measures which channel the action is crucial.

  • Issue Year: 2009
  • Issue No: 3
  • Page Range: 297-335
  • Page Count: 39
  • Language: Serbian