방송법상 시청점유율 제한제도에 관한 헌법적 고찰

초록

The Article 69-2 of the current Broadcasting Act with the title ‘restrictions on share of audience’ is providing restriction system on share of audience in broadcasting area. This system was adopted as one of media diversity policy for prevention of opinion monopoly/oligopoly and guarantee of opinion diversity in broadcasting area simultaneously with appeasement of ownership regulation of broadcasting industry through revision of the Broadcasting Act in 2009. Further at the same time this revision adopted media diversity promotion committee system. This article ① analyzed relationship between media diversity policy and restriction system on share of audience, ② arranged content and character of restriction system on share of audience, and ③ finally observed constitutionality of restriction system on share of audience. Consequently the restriction system on share of audience of the current Broadcasting Act is evaluated not unconstitutional. The main contents of this thesis are as follows. First, media diversity policies are every policy and legal system realizing media diversity composed of source diversity, content diversity, exposure diversity, as an instrumental concept for guaranteeing opinion diversity which is one of ideas of freedom of expression. Second, the restriction system on share of audience was incorporated form the German restriction system on share of audience of 1997, and restriction system on share of audience is construed as one of media diversity policies in broadcasting area. Third, the restriction system on share of audience restricts freedom of broadcasting of broadcasters, especially freedom of expression and transmission of opinion and information through broadcasting program. Fourth, the restriction system on share of audience does not infringe freedom of broadcasting of broadcasters by violating proportionality principle. Fifth, the estimation standard delegation clause of the current Broadcasting Act 69-2③ and the measure order delegation clause of the current Broadcasting Act 69-2⑤ do not violate principle of blank delegation prevention.

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