Appendix 3 - Principles for transborder satellite television broadcasting in the Asia-Pacific region
Principles for transborder satellite
television broadcasting in the Asia-Pacific region
[as endorsed by the Australian
The 3rd Meeting of the
Asia-Pacific Regulatory Roundtable in Seoul in September 1998:
- respecting the need
to be sensitive to the social, economic, political, religious, cultural, ethnic
and linguistic diversity in the region, including national interest
- recognising the
global nature of transborder satellite television broadcasting and acknowledging
that transborder broadcasting has a purpose for the public good and the
betterment of societies, offering benefits to communities through
entertainment, information and education;
- acknowledging that
broadcast regulators have an important role in facilitating responsible
transborder satellite television broadcasting, including safeguarding national
cultures and traditional values from potential adverse effects;
- recognising that
having principles for transborder satellite television broadcasting provide guidance
to broadcast regulators and certainty to incumbent and aspirant transborder
satellite television broadcasters;
- recognising that the
principles for transborder satellite television broadcasting do not limit the
capacity of countries to establish domestic laws and regulations, or to enter
into bilateral and multilateral treaties and agreements, including those
relating to the transmission or reception of transborder satellite television
- acknowledging that
the guiding law for transborder satellite television broadcasting should be
that of the transmitting country;
that transborder satellite television broadcasting in the Asia-Pacific region
should be guided by the following principles:
1. Purpose and Objective
The purpose of these principles is to
facilitate the harmonisation of regulatory arrangements concerning broadcast
material on transborder satellite television. The objective is to strengthen
regional cooperation through constructive dialogue on matters relating to
broadcast material on transborder satellite television.
2. Terms Employed
For the purposes of these principles:
The term “transborder satellite
television broadcasting” means the television signals which are transmitted
from one country into one or more countries via a broadcasting or
term “transmitting country” means any country in which the signal of
transborder satellite television broadcasting originates.
The term “receiving country” means the
country or countries where the television signals transmitted by satellite from
another country can be downlinked or received by appropriate means, but
excludes unintended and fortuitous reception.
The term “appropriate means” includes
satellite dishes and methods of restricting reception such as decoders, and
encryption and distribution mechanisms.
The term “broadcast material” covers all
material broadcast, including drama, news and current affairs, sports,
entertainment, documentaries, advertisements, sponsorships, program promotions,
and community service announcements.
3. Field of Application
These principles shall apply to all
transborder television broadcasting, whether it is transmitted from within or
outside the Asia-Pacific region via broadcasting or communications satellites.
Principle 4. Regional Cooperation
The principles for transborder satellite
television broadcasting in the Asia-Pacific region are based on the desire for
regional cooperation. Special consideration should be given to the need for
technological and human resources exchange and collaboration between developed
and developing countries in the region.
5. Free Flow of Information
Transborder satellite television
broadcasting should aim to advance the internationally recognised principles
relating to freedom of expression and the free flow of information in pursuit
of enhancing the knowledge and understanding of peoples in countries in the
region and between regions.
6. Broadcast Material
television broadcasting services should aim to promote to audiences throughtout
the Asia-Pacific region the availability of a diverse range of television
services offering entertainment, education and information; and
All material for transborder
satellite television broadcasting should meet the minimum requirements of the
country from which a broadcast is made, including requirements relating to
taste and decency and the handling of matters such as sex, violence, use of
obscene language, criminal activity and drug use.
In addition, transborder satellite
television material broadcast should also meet the following requirements:
- Program standards
to be consistent
Program content should be consistent with
the requirements of the transmitting country, including program classifications
and consumer advice on the content of material to be broadcast.
Children’s programs should pay particular
attention to their healthy physical, emotional and educational development.
News and current affairs should aim to be
accurate, fair and balanced, and respectful of the privacy of individuals.
Advertisements, including for products
such as tobacco, alcohol and medicines, should comply with the domestic rules
of the transmitting country.
7. Intellectual Property Rights
Standards relating to intellectual
property rights in the transmitting country should be observed in all material
provided for transborder satellite television broadcasting.
and receiving countries should share information on problems which arise from
transborder satellite television broadcasting in their respective countries,
and when necessary, incidents of non-compliance with these principles should be
resolved through dialogue between the concerned parties.
satellite television broadcasting transmitted into or within the region should
afford the reasonable opportunity for reply or equivalent remedies, such as the
removal of offensive material or on-air apologies.
application of these principles will be reviewed in the annual meeting of the
Regulatory Roundtable. This does not preclude broadcast regulators from discussing,
either bilaterally or multilaterally, matters covered by these principles.
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