The Regulation of Freedom of Expression in TV Broadcasting

DOI: 10.5176/2301-3710_JMComm16.54

Authors: Miloš Mistrík

Abstract: Freedom of expression is constitutionally guaranteed and it has a long and rich history. The media should be a forum, a mobilising agent encouraging citizens to learn about politics and public affairs. If we want to make sure that the forum guarantees freedom of expression and functions properly, a certain universal rule must be applied. We compare three models of regulation of TV broadcasting applied in the USA, in France and in Slovakia. We have a hypothesis, that there is no good way of regulating ‘political’ broadcasting. Our case study is focused on real television practice in Slovakia to which we have applied criteria of all three methods of regulation to observe possible changes in the freedom of expression. Our study shows significant differences. Television that once functioned as a public forum and was available to all opinions and able to disseminate all points of view which were necessary to preserve a healthy life of a society – is now failing to fulfil its crucial purpose.

Keywords: Freedom of expression; Regulation of TV broadcasting; Political discussion; Slovak TV; Federal Communications Commission; Conseil Supérieur de l´Audiovisuel; Rada pre vysielanie a retransmisiu;