法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
フランスにおける放送の自由
大石 泰彦
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ジャーナル フリー

1996 年 32 巻 p. 118-126

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In this paper, the author describes the development of French broadcasting laws after the inauguration of broadcasting service, from the viewpoint of the transition from the state monopoly to the liberty of the broadcasting. This paper is made up of two chapters. In chapter I, the author explains the development of broadcasting laws and the theories of regulation on broadcasting from November 1921 (the inauguration of broadcasting) to July 1982. To put it concretely, the following three important elements are included in this period. First, the state monopoly on the ground of the national security is oriented by 1923's law (loi de 30 juin 1923), and then, it is established by 1959's order (ordonnance de 4 fevrier 1959). Second, the intimate relations between the broadcasting service and government, which are symbolized by S.L.I.I.(service de liaison interministerielle pour l'information), arise from the conditions of the state monopoly. Third, several resistances to the monopoly [i.e. peripheral stations(postes peripheriques), the long strike of O.R.T.F. (Office de radiodiffusion television francaise) journalistes, free radio stations(radio libre)] offered by citizens in this period. In chapter II, the author deals with the development of broadcasting laws and the theories of regulation on broadcasting from July 1982 to the present. To be concrete, the following four elements characterize this period. First, by 1982's law (loi de 29 juillet 1982), the liberty of the broadcasting is proclaimed for the first time in this country. Second, the domain of the liberty is expanded by 1986's law( loi de 30 septembre 1986). Third, the liberty is confirmed by Council of the Constitution (Conseil constitutionnel) according to the decisions of July 27, 1982 and September 18, 1986. Fourth, recently, a doctorinal dispute about the construction on the liberty of the broadcasting between two theories-the "receiver's liberty" theory and the "transmitter's liberty" theory-is recognized in this country.

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© 1996 日本法政学会
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