Governing Structure of Public Service Broadcasting:

A Comparative Analyses

Dr. Javad MottaghiDirector, AIBD

Internal Governing Structure

Broadcasting Act/EnvironmentBoard

– Number of Members and Terms of Appointment– Power and Roles of Board– Constitution of the Board– Conditions on Members– Membership Criteria– Removal– Remuneration

Australia: ABC

Australia :The ABC Act

The ABC Act empowers it to carry out all the functions necessary to the operation of a national broadcaster

Canada: CBC

Canada:

The CBC is a crown corporation, wholly owned by the Canadian government, and by consequence the Canadian people. This means that the federal government controls the terms and conditions of the CBC’s existence and operation through its legislative authority.

France:CSA

• France, public service broadcasting is established and regulated by the 1986 Law relating to freedom of communication (1986 Law).

• The main regulatory body, the Conseil Superior de l’Audiovisuel (CSA) is an independent statutory body, established under a 1989 Law.

• The Conseil constitutionnel (Constitutional Court) has applied Article 11 to broadcasting regulation on a number of occasions, modifying or striking out inconsistent provisions.

Japan: NHK

• Japan’s public service broadcasting organisation, the Nippon Hoso Kyokai, or NHK, traces its roots to 1926, when it was created out of three city-based radio broadcasters.

• The world’s best-funded public service broadcasting organisation, with a total expenditure in 1999 exceeding 625 billion yen or nearly US$6 billion.

• NHK currently operates as a classical public service broadcasting organisation, as established pursuant to the Broadcast Law of 1950, as amended.

South Africa: SABC

• The South African Broadcasting Corporation (SABC) has undergone a number of changes in recent years to bring it into line with the new democratic dispensation and to ensure that it serves the needs of all the citizens of South Africa.

• A completely new Broadcasting Act, the key legislation governing the SABC, was adopted in 1999 (the 1999 Act), replacing the former 1976 Act, and the changes introduced by the new law have yet to be fully implemented

UK:British Broadcasting Corporation

• UK: 1926:The British Broadcasting Corporation (BBC) was founded under a Royal Charter (Charter) and continues to enjoy the same status to this day.

• 1926 until 1954: The BBC had a monopoly on broadcasting.

• BBC is to provide broadcasting as a “public service for disseminating education, information and entertainment”.

• In 1973, local commercial radio was finally authorised

Governing Board

Number of Members and Terms of Appointment

Power and Roles of BoardConstitution of the BoardConditions on MembersMembership CriteriaRemovalRemuneration

Number of Members

Australia: 6-8 DirectorsCanada: up to 12 membersFrance:12 MembersJapan:12 MembersSouth Africa:12 members as well as CEO,

Chief Operating officer and Chief Finance officer

United Kingdom: 12 Members( or such number as may be ordered under the Royal)

Term of Appointment

Australia: 5 years /RenewableCanada: 5 years /RenewableFrance: 3 yearsJapan: 3 years /RenewableSouth Africa: Not to exceed 5 yearsUnited Kingdom: 5 years /Renewable

Powers/Roles

Australia– Ensure ABC performs efficiently– Maintain its integrity and independence – Ensure news is accurate and impartial– Ensure compliance with broadcasting

regulations

Powers/Roles

Canada: Oversights of performance but not day to day activity

France: Different Broadcasters have different relationships with their governing bodies, depending on their individual charters

Powers/Roles

Japan: Decide on management, policy, budget, financial planning and other important matters, the plan of broadcasting stations, broadcasting standards and remuneration of officers

Appoint the president and the auditors, approve the appointment, by president, of the Vice-Presidents

Powers/Roles

South Africa– Controls the affairs of SABC– Specific obligations to protect the

independence and freedom of SABC

Powers/Roles

United Kingdom– Approve clear objectives and monitor compliance

with them, ensure high standards of probity, propriety and value for money

– Set overall strategy , ensure appropriate consultation with various councils and due regard for the views of listeners, monitor the fulfillment of legal and contractual obligations, appoint a Director General and other senior members of management

Constitution

Australia: Governor general ( i.e. cabinet)Canada: Governor Council ( i.e. cabinet)France:

– One from each chamber of parliament– 4 representing state– 4 Nominated by broadcast regulator– 2 representing the workforce– The presidents are nominated by broadcast

regulator

Constitution

Japan: The Prime Minister , with the consent of both houses of the Diet

South Africa: The president on the advice of the National Assembly in a manner ensures transparency, openness, and public participation in the nominations process, after publication of a short list candidates

UK: Appointed under the Royal prerogative( in practice the prime minister)

Conditions on Members

Australia: must have experience related to broadcasting and other related matters

Canada: Must be prominent citizens from the fields of law, medicine, accounting, business and the arts

France: No formal criteria other than the appointment process

Conditions on Members

Japan : Must be capable of making fair Judgments, and collectively have wide experience and knowledge of relevant issues, including the fields of education, culture ,science and industry

Not have been sentenced to imprisonment or dismissed for cause from the public service, Be a national public servant, a staff member of any political party or have substantial interest in any broadcasting and related enterprise

Conditions on Members

South Africa : Collectively must have suitable qualifications, expertise, and experience in various broadcasting areas, be committed to fairness, freedom of expression, the objects of SABC and accountability

Must be citizen and permanent residents of South Africa, must not be determined by a court to be mentally ill,

have been convicted of a serious crime, a crime of dishonesty or an offence under the act

Conditions on Members

UK: Three governors are national governors( representing Northern Ireland, Scotland and Wales) and must be selected for their knowledge of culture, characteristics and affairs of the people and their close touch with local opinion

Membership Criteria

Australia: Members must declare any conflicts on interest with respect to specific matters and remove themselves from the debate

Canada: Must represent all regions of the country, obligation of good faith and due diligence to CBC, conflict of interest restrictions

Membership Criteria

France: Structure designed to ensure membership representative of society as a whole

Japan : At least one Governor must come each of the eight districts listed, no more than 4 Governors may belong to any political party

Membership Criteria

South Africa: Must represent broad cross-sections of the population, strict conflict of interest rules and if a conflict interest issue arises the member involved must leaveUK: None in the constituent instruments

Removal

Australia: Misbehavior, physical or mental incapacity, bankruptcy, failure to comply with obligations, absence from three consecutive meetings without leave

Canada: Only for causeFrance: No formal conditions set out in the

law, presumably the appointing body could remove

Removal

Japan:Prime Minister may dismiss if no longer satisfy the conditions of appointment or , with the consent of both Houses of the Diet, if they are unable to perform their duties, have acted contrary to the official obligations or are guilty of malfeasances which render them unfit to be governors

Removal

South Africa: may be removed for misconduct or inability to perform his or her duties, after due inquiry and upon recommendation of the board

UK: cease to be governors if resign, are terminated under the Royal prerogative, have interests which conflict with their governing duties, become bankrupt, suffer from a mental disorder or absent themselves from meetings for longer than three months without consent

Remuneration

Australia: As determined by the remuneration tribunal

Canada: As fixed by the by-laws of CBCFrance: Not set out n the governing councilJapan: Appropriate compensationSouth Africa: Not set out in the governing

legislationUK: As determined by the secretary of State,

from the funds of BBC

Administration- Structure

Running various Radio & TV channels

SPTSPT

President/ D-GPresident/ D-G

Broadcasting Council-with … members

D-DGD-DGD-DGD-DG D-DGD-DG D-DGD-DG D-DGD-DG