The Executive Yuan Council approved a draft of the Media Monopoly and Pluralism Defense Act today. It will be sent to the Legislature for deliberation.
Premier Jiang Yi-huah said this new act is meant to regulate cross-media mergers between radio, television, and print news companies, prevent monopolies and over-centralization of ownership, safeguard journalistic and editorial independence and secure the healthy development of a pluralistic society.
Jiang pointed out that the Executive Yuan has listed the act as a priority for Legislative Yuan deliberation in the current session. He requested the National Communications Commission (NCC) proactively communicate with the caucuses, win their support and complete the legislative process as soon as possible.
The major points of the draft are summarized as follows:
1. In order to understand the overall trends and circumstances of the radio and television industries, the NCC can require related corporations to offer necessary information and commission professional and academic institutes to conduct investigations. (Articles 5, 6 and 23)
2. In order to regulate radio or television corporations' participation in mergers: (Chapter 2)
(1) The allowable forms of such mergers are stipulated. (Article 7)
(2) Annual average viewership, listenership and readership ratings are adopted as control thresholds because they reflect the real behavior of media audiences. (Articles 15-22)
(3) Whether the merger should be "approved after application," "approved with exceptions," "prohibited with exceptions" or "totally prohibited" is based on the degree of proposed integration of the radio and television corporations. (Articles 12, 15-20)
(4) Restrictions of mergers between radio and television corporations and print media corporations are clearly stated. (Articles 21 and 22)
(5) The NCC is empowered to take proper measures to eliminate or reduce the dominance of the merging companies' influence on public opinion after the merger. (Articles 25-27)
3. Implicated parties or other interested parties are given the right to request correction or retraction of journalism which they consider slanderous and to request the opportunity to respond to journalism which they believe harms their rights and interests on the same platform where the report was made. (Articles 28 and 29)
If a media company, its employee, trustee or cosignee violates Article 28 or 29, the person who was harmed by such a report has the right to request removal of that report. If the report is not yet released, a person who feels he is likely to be harmed by it may request that its release be forestalled. Those whose personal rights are violated may seek monetary compensation, and those whose reputation is damaged may request rehabilitation through proper measures. (Articles 46 and 47)
4. Labor and management in radio and television corporations should draw up editorial room rules to keep the media professional and independent and secure media workers' labor rights. (Article 32)
5. The NCC may adopt certain measures to promote pluralistic cultural development. (Articles 39-41)