The government is pushing a plan to establish an independent body to handle administrative matters related to broadcasting and communications. This idea was explained in the Democratic Party of Japan's 57-page policy booklet during the Lower House election campaign. Titled "Index 2009," it was much thicker and more detailed than the party's election manifesto.
The party says in the booklet that a broadcasting and communications commission, or what it calls a Japanese version of the U.S. Federal Communications Commission, should be created to resolve the current contradiction in which state authorities supervise the very broadcast stations whose role is to keep watch on state power. It also says the new body would dispel the state's arbitrary intervention in broadcasting.
At present, the Communications and Internal Affairs Ministry has the power to issue, renew or revoke licenses of broadcasting companies. And there have been cases in which the government, using thinly veiled threats of revoking broadcast licenses, applied pressure behind the scenes on broadcasting firms.
In view of this, the DPJ-led government's plan appears headed in the right direction. But the plan lacks details and some people have expressed concern that the creation of the proposed independent body would, instead, strengthen control over broadcasting. The government should work out a concrete blueprint of the new body soon so that problems in the plan, if any, become clear and resolvable through public discussion. The government hopes to submit a related bill to the Diet in 2011 after a blue-ribbon committee discusses it for about a year.
For a short time during the postwar period, Japan had an independent body that handled administrative matters related to broadcasting. Its purpose was to avoid the wartime mistake of allowing radio to be used as the mouthpiece of Japan's militarism. The Radio-Wave Regulatory Commission was established in 1952, but it was abolished and taken over two years later by the Posts and Telecommunications Ministry — the predecessor to the Communications and Internal Affairs Ministry — for the sake of preventing the dispersion of administrative power.
The ministry can order the suspension of programs or revoke broadcast licenses if broadcasting firms violate the Broadcast Law, which requires that they maintain political impartiality and not subvert public order and morals. Since suspension of programs and revocation of broadcasting licenses can infringe on the constitutionally guaranteed freedom of speech and other forms of expression, the ministry so far has not exercised this power.
Some people in the broadcasting industry fear that if an independent broadcast and communications commission is established, the possibility exists that it will set down rules on details such as violent scenes and sex-related expressions in programs, thus leading to stronger control over broadcasting.
Currently, the Broadcasting Ethics and Program Improvement Organization (BPO), a nonprofit, nongovernment organization set up by NHK and private broadcasting firms, examines false news reports and human rights violations by broadcast organizations and makes necessary recommendations to them. At this point, what the relationship between the new body and the BPO would be is not clear.
Communications and Internal Affairs senior vice minister Masamitsu Naito said he worries that there may be cases that the BPO cannot handle promptly — such as when a person complains of damage or a human rights violation due to a program broadcast. He favors giving the new body some sort of power to handle such a case.
On the other hand, Mr. Kazuhiro Haraguchi, chief of Mr. Naito's ministry, said it is important to ensure freedom of speech, broadcasting and reporting through the creation of the new commission. He added that the new body's function would be to remain on the lookout to prevent the ministry, which handles regulations for radio and TV waves, from intervening in program content. The communications and internal affairs minister also said he is not thinking of giving the new body powers — similar to those of the U.S. FCC — to examine program content. This suggests that the new body would not give instructions to broadcasting firms.
As for how people would be selected to serve on the new body as commissioners, Mr. Haraguchi said discussions are needed on whether they should be selected by a public vote or be appointed by the prime minister.
The statements by Mr. Naito and Mr. Haraguchi show that the government has not yet come up with a concrete idea of the basic nature and function of the planned new body. The government should carefully flesh out its plan and put it forward for thorough public review. The bottom line should be the protection and promotion of freedom of expression.
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