• KDI Journal of Economic Policy
• /
• v.33 no.4
• /
• pp.85-118
• /
• 2011

This paper uses the horizontal regulation system as the base analysis framework. The study clearly defines the regulatory goals of the followings: the horizontal cross-ownership regulations on program provider (PP) and platform provider, the vertical regulation on cross-ownership between PP and platform operator, the regulation on cross-ownership of program provider by terrestrial broadcasting company, and the regulation on cross-ownership between terrestrial broadcasting company and platform provider. Then, by analyzing the conformity between goals and criteria of regulations and the adequacy of the regulation level according to regulatory purposes, this paper examines the justifiability of each regulation and extracts improvement measures that suite regulatory purposes. This analysis finds following appropriate measures: replacing the horizontal cross-ownership regulation on PP with conduct regulations, such as designating major broadcasting programs or replacing the current criterion of cross-ownership regulation from sales to the audience market share; reshaping the horizontal cross-ownership regulation on platform provider so that system operator (SO), satellite broadcaster and Internet protocol television (IPTV) operator would be applied by the same regulation based on the number of subscribers of pay television services; and discontinuing other cross-ownership regulation. In this way, the study shows that with appropriate regulations on cross-ownership of PP, there would be no need for additional regulation on vertical integration between PP and platform operator. On the other hand, given that the regulation on terrestrial broadcasting cross-ownership of PP could be justified only by regulatory purpose of the protection of the diversity of public opinions, it would be desirable to replace the current criteria of the number of PPs with the criteria of the audience market share. Lastly, the study shows that when platform operator is targeted by the cross-ownership regulation based on the number of subscribers of pay television services, the regulation on cross-ownership between terrestrial broadcasting company and platform provider should be replaced with conduct regulations, such as designating must-offer channels and major broadcasting programs.

• International Commerce and Information Review
• /
• v.12 no.1
• /
• pp.179-202
• /
• 2010

Broadcasting services sector has been facing strong public pressure to shift gears from regulation to deregulation since mid-1990s, where a triggering role was played particularly by rapid development of IT technology and content digitization. Major agenda was how to reduce regulatory divides between more liberal telecommunication sector and less liberal broadcasting. After all, common solution package worldwide was for the latter to switch over from network-dependent(vertical) to network-independent(horizontal) regulation, and to facilitate more open and competitive transmission with content market kept protected. This is no other than decoupling content provision from broadcasting and promoting market access towards the latter. Policy experiences of US and UK show that there exists a complementary relationship between quantitative and qualitative restrictions in implementing such deregulation. While mitigating quantitative ownership regulations in broadcasting, they also sought to systematize, so-called, PIT(public interest test) as a qualitative safety device to cope with the risk of losing fundamental public values accordingly in broadcasting. Recent domestic progress in broadcasting legislation in 2009, however, seems to overlook the growing importance of PIT in the process of deregulation. Bearing this motivation in mind and taking account of the relevant WTO disciplines, this paper is to address policy issues and suggestions for PIT in Korea's broadcasting services sector.

• The Journal of the Korea Contents Association
• /
• v.20 no.2
• /
• pp.248-264
• /
• 2020

This study aims to analyze the social and legal status of Internet personal broadcasting in Korea and propose the direction of personal broadcasting regulation based on overseas regulatory laws and the media characteristics of Internet broadcasting. The influence of Internet personal broadcasting has increasing, and social and legal problems such as pornography and fake news have also growing. In the absence of legal regulations on personal broadcasting on the Internet, academia is also discussing relevant legislation and policies at a general level of analysis. In addition, the current study argues that new legislative research is needed to respond to the rapidly changing media environment and to cope with the newly introduced Internet broadcasting content and platforms. The findings suggest that freedom of expression is a significant value, yet obscene materials for minors should be thoroughly regulated, and that internet personal broadcasting should be regulated to the minimum extent through self-regulation guidelines through cooperation between councils and related agencies or businesses. The significance of the current study indicates that it proposed the practical and concrete laws for the improvement of the quality of Internet personal broadcasting content, the establishment of new broadcasting policies for fair and diverse content development, and the efficient and fair regulation of personal broadcasting content.

• The Journal of the Korea Contents Association
• /
• v.8 no.4
• /
• pp.164-172
• /
• 2008

For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

• Journal of Korea Entertainment Industry Association
• /
• v.14 no.6
• /
• pp.1-11
• /
• 2020

With the activation of OTT and VOD services, the viewing behavior is rapidly changing, but the programming regulation has not escaped the ratio regulation in the same way as in the past. Therefore, this paper aims to examine the policy validity of the current organization ratio regulation and to suggest improvement directions based on this. To this end, the policy objectives and background at the time of the introduction of the domestic organization ratio regulation were considered and compared with the current status of the broadcasting market. As a result, this study found that it is difficult to apply the logical framework of asymmetric regulation at the time of the formation ratio regulation into the current status of broadcasting market, the existing framework was established and hold in the mutual relationship of various stake holders formed based on the asymmetric regulation. It was pointed out that the typical pattern of path dependency repeating only fine adjustment of ratio was shown. Based on this, this study suggests that it needs to be divided into the regulation by the public interest and the regulation by the industrial purpose according to the purpose of regulation, and it is necessary to be limited to the direct regulation corresponding to the public interest of the viewer. Also this study proposes that it is necessary to separate the regulation from promotion policies as well as to resolute asymmetric regulation in broadcasting policies.

• Proceedings of the Technology Innovation Conference
• /
• 2006.02a
• /
• pp.248-263
• /
• 2006

The convergence in telecommunication and broadcasting is one of the most popular topics in these days. For example, the characteristic of IPTV -internet protocol television-is controversial in the extreme. In Korea the IPTV operators are mainly the telecommunication service operators. So it is natural that the IPTV services are categorized to the telecommunication services. But the Broadcasting service providers, especially the CATV providers who can serve the TPS-triple play service- like IPTV players insist that the IPTV should be regulated as a broadcasting service. This paper will analyze whether the regulation in which the IPTV is categorized to one of the broadcasting services is better than the case of telecommunication services. To examine this, the social welfare analysis is conduced and the differential oligopoly market model is used. Together with that, this paper suggests that we can improve the social welfare by the asymmetric regulation between IPTV and D-CA TV. This means that in Korea the IPTV has a weak substitution relation with the D-CA TV and the IPTV should be dealed as a new convergence service that differs from traditional broadcasting services.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.17 no.9
• /
• pp.394-400
• /
• 2016

This study reviewed critically the music regulations of broadcasting advertising and analyzed the post reviews of Korea Communications Standards Commission(KCSC) to find their problems and suggest alternatives for their improvements. As general core regulations, lyrics changes of children's song is banned except in non-commercial public advertising and lyrics changes to folk songs are permitted unless it includes the product related expressions, such as brand name; both of their arrangements are permitted. According to the items, the lyrics of the CM song of drug advertising should not include its brand name; alcoholic beverage advertising is banned if the lyrics of the CM song include product-related brand name or an expression encouraging drinking. The rationales of these regulations of restrictions or prohibitions of music in broadcasting advertising are unclear and are insufficient. Therefore, it will be necessary to improve them based on the evidence or knowledge by more valid research in the future.

• Journal of Internet Computing and Services
• /
• v.13 no.6
• /
• pp.25-32
• /
• 2012

There is a growing controversy on whether and how to regulate real-time broadcasting services carried on smartphone. Some advocates strict regulation on them but the others minimal regulation. This study aims to suggest guiding rules for how to regulate broadcasting services in smartphone. For this, the study interviewed fourteen (14) executives of broadcasting companies, content providers, policy research center and regulatory body. The analysis indicates that linear channel service in smartphone is similar in form to traditional broadcasting but they should not be regulated at this moment. The supporting reasons are 1) regulating them is technically not effective, 2) they were already regulated in their primary service platforms, 3) they don't have a significant impact on a society. Consequently, the study suggests that the service providers are categorized as value added common carriers as defined in the Telecommunication Business Act.

• Journal of Legislation Research
• /
• no.44
• /
• pp.63-101
• /
• 2013

This article firstly explores into the concepts, components, and pictures of institutional realization of competition and diversity respectively on the premise that competition and diversity comprise the primary objectives to be pursued by the broadcasting-related laws which provide the concrete measures of media policy, and argues that while the competition objective has differentiation factors, there are also particularities in the diversity value in the broadcasting-related laws as sector-specific competition laws. Then assuming that special competition rules including structural regulatory measures particularly in the broadcasting market are required in order to realize values of competition and diversity harmoniously, this article suggests the following improvement directions for regulations aimed at protection of competition and diversity in the broadcasting-related laws. The first one is with the improvement method for regulations aimed at protection of competition. Regulation on share of audience as an ex ante regulation of status and regulation on prohibited activities as an ex post regulation of conduct may play important roles in substituting the causative regulation while seeking for diversity value. For this purpose, it is needed to develop a concrete method that incorporates diversity-related factors as consideration factors in the standard for determining illegality of prohibited activities by inference to methods of determining illegality in the competition law. The second one is with the improvement method for regulations aimed at protection of diversity. This could be considered from three viewpoints that are the setting of regulatory objectives, the identification of alternative regulatory measures, and the choice of regulatory measures and levels suitable for regulatory objectives. From these viewpoints, the regulatory framework should be improved mainly with institutional measures in which diversity value is used for tools of assessment and analysis, not just remaining as mere rhetorical devices, and whether or to what extent to maintain regulations seemingly unreasonable in terms of harmonization with economic objectives such as competition should be discreetly reviewed.

• Journal of Internet Computing and Services
• /
• v.17 no.4
• /
• pp.145-159
• /
• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.