Governing Structure of Public Service Broadcasting: A Comparative Analyses

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Governing Structure of Public Service
Broadcasting A Comparative Analyses

• Dr. Javad Mottaghi
• Director, AIBD

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Internal Governing Structure

• Broadcasting Act/Environment
• Board
• Number of Members and Terms of Appointment
• Power and Roles of Board
• Constitution of the Board
• Conditions on Members
• Membership Criteria
• Removal
• Remuneration

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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

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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 CBCs existence and operation through its
  legislative authority.

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FranceCSA

• 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
  lAudiovisuel (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.

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Japan NHK

• Japans 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 worlds best-funded public service
  broadcasting organisation, with a total
  expenditure in 1999 exceeding 625 billion yen or
  nearly US6 billion.
• NHK currently operates as a classical public
  service broadcasting organisation, as established
  pursuant to the Broadcast Law of 1950, as amended.

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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

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UKBritish Broadcasting Corporation

• UK 1926The 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

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Governing Board

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

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Number of Members

• Australia 6-8 Directors
• Canada up to 12 members
• France12 Members
• Japan12 Members
• South Africa12 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)

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Term of Appointment

• Australia 5 years /Renewable
• Canada 5 years /Renewable
• France 3 years
• Japan 3 years /Renewable
• South Africa Not to exceed 5 years
• United Kingdom 5 years /Renewable

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Powers/Roles

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

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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

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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

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Powers/Roles

• South Africa
• Controls the affairs of SABC
• Specific obligations to protect the independence
  and freedom of SABC

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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 leave
• UK None in the constituent instruments

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Removal

• Australia Misbehavior, physical or mental
  incapacity, bankruptcy, failure to comply with
  obligations, absence from three consecutive
  meetings without leave
• Canada Only for cause
• France No formal conditions set out in the law,
  presumably the appointing body could remove

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Removal

• JapanPrime 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

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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

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Remuneration

• Australia As determined by the remuneration
  tribunal
• Canada As fixed by the by-laws of CBC
• France Not set out n the governing council
• Japan Appropriate compensation
• South Africa Not set out in the governing
  legislation
• UK As determined by the secretary of State, from
  the funds of BBC

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Administration- Structure
Broadcasting Council- with members
SPT
President/ D-G
D-DG
D-DG
D-DG
D-DG
D-DG
Running various Radio TV channels
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Thank you