AbstractsLaw & Legal Studies

Policy and regulation for third sector broadcasting: what can be learned from the Australian and Canadian experiences?

by Fernando Mendez Powell

Institution: Monash University
Department: Faculty of Law
Year: 2015
Keywords: Freedom of expression; Human rights; Community radio; Community media; Media law; Non-profit; Voluntary sector; Third sector
Record ID: 1034928
Full text PDF: http://arrow.monash.edu.au/hdl/1959.1/1152766


Third Sector Broadcasting, which is sometimes also known as community broadcasting, is a significant sector of broadcasting and is becoming more important in many parts of the world. At present, it is clear that third sector actors have become significant players in the worldwide broadcasting industry. Due to the progress of the sector, during the last decade several countries have introduced their first laws or policies recognizing, or dealing specifically, with third sector broadcasting. Unlike many other countries, Australia and Canada have long-established specific laws and policies for the sector. This thesis presents a detailed comparative analysis of the regulation of Third Sector Broadcasting in Australia and Canada, drawing on the considerable experience of these jurisdictions in dealing with third sector-specific policies and regulations. The essential goals of the thesis are to identify significant regulatory and policy issues, and to develop guidelines to inform future policy and legislative developments in relation to TSB in jurisdictions that are yet to adopt specific laws or policies for the sector, or which have only recently done so. In addressing these goals, the thesis identifies and analyses eight key issues that need to be addressed when designing a best practice policy and regulation framework for TSB. Additionally, the thesis explains how TSB can contribute to the fulfillment of internationally recognized human rights and, thus, why it is desirable for governments to support the development of the sector. The thesis also assesses the legitimacy, under international human rights law, of subjecting third sector broadcasters to restrictions or requirements over and above those that apply to other types of broadcasters.