L37 - Satellite Broadcasting Regulations

Question 1

What are the three categories of satellites used for TV transmissions?

Answer 1

Low-powered telecommunications satellites
Direct broadcasting satellites
Medium-powered telecommunications satellites

Question 2

What does the satellite broadcasting market include?

Answer 2

Satellite operators
TV networks
Providers of digital packages
Programs

Question 3

What are the theories of programs broadcast in the 70s and nowadays?

Answer 3

70s:
The free flow of information VS The prior consent rule

Nowadays:
The ultra-liberal theory VS The cultural theory

Question 4

What is the American doctrine? (regarding satellite broadcasts)

Answer 4

Free communication without government interference.

Question 5

What is the ideological basis for the American doctrine? (regarding satellite broadcasts)

Answer 5

Free flow of information theory.

Question 6

What is the legal and official justification for the American doctrine? (regarding satellite broadcasts)

Answer 6

Freedom of Outer Space and freedom of information.

Question 7

What is the Political and secret justification of the American doctrine? (regarding satellite broadcasts)

Answer 7

World-wide dissemination of US ideology and goods; isolation of USSR by propaganda.

Question 8

What is the Socialist doctrine? regarding satellite broadcasts)

Answer 8

No direct communication without prior consent of the Receiving State.

Question 9

What is the ideological basis for the Socialist doctrine? (regarding satellite broadcasts)

Answer 9

Leninist theory of information (it is a governmental tool) - imperialism theory

Question 10

What is the legal and official justification for the Socialist doctrine? (regarding satellite broadcasts)

Answer 10

Non-interference in internal affairs and propaganda prohibition.

Question 11

What is the Political and secret justification of the Socialist doctrine? (regarding satellite broadcasts)

Answer 11

Avoid any contact between populations and foreign governments in order to maintain socialist dictatorship.

Question 12

What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)

Answer 12

Free flow of information with rules aimed to ensure cultural preservation and development.

Question 13

What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)

Answer 13

Cultural exception theory - cultural works are not commercial goods and cultural industries/institutions must be protected.

Question 14

What is the legal and official justification for the Euro-Canadian doctrine? (regarding satellite broadcasts)

Answer 14

Freedom of information and pluralism of information.

Question 15

What is the Political and secret justification of the Euro-Canadian doctrine? (regarding satellite broadcasts)

Answer 15

Avoid an Americanization of medias and develop strong local and regional audio-visual industries.

Question 16

When and where were broadcasting plans developed by ITU?

Answer 16

Geneva 1977 plan & 1983 plan amended by Istanbul 2000 conference

Question 17

What is the National Service Rule? (ITU)

Answer 17

DBS frequencies must be used for national coverage only.

Question 18

What happens in the case of spillover of broadcasting? (ITU)

Answer 18

No protection against interferences (the receiving State can jam).

Question 19

What are the ITU regulations regarding data broadcast?

Answer 19

National Service Rule
In case of Spillover, the receiver can jam
Protection of sovereignty over networks

Question 20

What are the UN political principles regarding data broadcast?

Answer 20

Principles governing the use by states of artificial earth satellites for international direct television broadcasting
Prior consent rule
Non Biding text (recommendations) has no customary value

Question 21

What is the Prior Consent Rule?

Answer 21

A Receiving country must give consent before getting direct broadcasting of data.

Question 22

What is the Universal frameworks applicable to communication via satellite?

Answer 22

1. Rules guaranteeing free communication via satellite

2. Rules protecting sovereignty

Question 23

What are the rules guanranteeing free communication via satellite?

Answer 23

Outer space freedom

Freedom of information

Question 24

What are the Rules protecting sovereignty?

Answer 24

Protection of cultural diversity (UNESCO Convention 20005)
Prohibition of illegal content:
- war and subversive propaganda
- advocacy of national
- rational propaganda
- Genocide
- apartheid propaganda or advocacy
- discrimination against women propaganda and advocacy
- no decency regulation but promotion of self-regulation and parental control for violent and sexual content

Question 25

Give an example of a country violating Freedom Outer Space and Freedom of Information?

Answer 25

Iran is jamming the broadcasting of programs about Iran over the region! (it is jamming the satellite directly)

Question 26

What are the European sources?

Answer 26

Council of Europe General source: European Convention on Human Rights 1950 – freedom of information Special source : European Convention on Transborder TV 1989 amended in 1998 European Union General source : Rome Treaty 1957 – Freedom of services Special source : European Directive on TV without frontiers 1989 amended in 1997 and in 2007

Question 27

Freedom of information in Europe?

Answer 27

Free reception for all public intended programs States can temporary suspend programs in special pre-determined cases The Broadcaster State verifies the conformity of the content of the programs with European law

Question 28

What can a European Channel do with a license from one European country?

Answer 28

It can broadcast all over Europe

Question 29

What if the broadcasting company isn't in Europe? (for European Broadcasting Law)

Answer 29

The "uplink" operator is responsible if it is European if not it is the satellite operators.

Question 30

How does Europe promote its content from a regulatory point of view?

Answer 30

Transmission Quota | Production Quota

Question 31

What is the Transmission Quota Europe uses to promote its content from a regulatory point of view?

Answer 31

States shall ensure that broadcasters reserve at least 50 % of their transmission time for European works.

Question 32

What is the Production Quota Europe uses to promote its content from a regulatory point of view?

Answer 32

States shall ensure that broadcasters reserve at least 10 % of their transmission time or at least 10 % of their programming budget for European works created by independent producers.

Question 33

What are the Rules harmonisation on European content?

Answer 33

Advertising, sponsorship and tele-shopping Free-to-air retransmission of major sport events Violent, pornographic programs and programs inciting to hatred

Question 34

What are the consequences of the adoption of the European broadcasting legal framework?

Answer 34

Growth of satellite operators Growth of transborder channels and digital platforms Growth of European film industry and re-balancing of American Vs European TV works