Research of the Co-Regulatory Mechanisms for Complaints anainst Protection from Media Impact on Minors

• Main Authors: Ya-hui Wang, 王雅慧
• Other Authors: Yeong-ming Chang
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/12065373556442431301

碩士 === 國立高雄大學 === 法律學系碩士班 === 102 === The initial concept of co-regulation means an indirect approach to regulation, which takes the place of legal force in the legislative act so as to reduce the legislation burden, of which the form is nearly the measures to electronic media supervision by NCC authority in Taiwan: triple sections for regulation——media industry, social organisation, and legal force. Under the framework of co-regulation and self- regulation, how to set the mechanisms for complaints against protection from impact on minors, meanwhile to consider and ensure the exercise of speech freedom right. Partically in the convergence digital age of mass media, we face the same matter or concept which exposing on different media platforms. Would it be necessary to intergrate all of the issues to in the media sector into the co-regulation measures? What kind of social parties could be in charge of it? Is it a“better lawmaking”for the development of alternative methods of settling disputes? Above all, effective performance of the regulatory process is signficanlty concerned, which is involved a proper and fair evaluation and sufficient presence by the supervisory bodies. Taiwan authorties have considered and adopted the EC framework in co-regulation, including practical applicaion in newspaper media, and draft plans in TV media. In order to realize the state of co-regulaion in EC, the Charpter 4 of the study particularizes the conditions of criterion-referenced members of EC: Briatin and Germany. Additionally, the study attempted to analyze and compare the performaces and differiences among. At the end of the study, there are specific suggestions for establishing native models among the paper, borcasting, and telecommunication network media. The study aims to launch the co-regulation mechanisms and the mass media impacts, which has two motives: giving consideration to both sides under two proportions——minors protection and speech freedom, increasing administrative efficiency and obeying the constitional principles. Taking a view from human society and history, a perfect system of governance isn’t existd at all. Although it just the beginning for co-regulation in media area in Taiwan, it should be encouraged that an approach based on the deepening of partnerships in which all actors have an active role to play——refer to EC Green Paper 2001.