Broadcasting and the Fairness Doctrine

Abstract

Mr. Sadayoshi Tsubaki, the former news department chief of the TV Asahi, made the report as a guest speaker at a panel meeting on“Politics and Television”, held by the National Association of Commercial Broadcasters in Japan. He said arrogantly, “It is true that we covered the general election with a determination that we, through all the news programs and election reporting, must break the Liberal Democratic Party's domination of power.”“TV Asahi was never impartial in its election coverage.”
He confessed that he neglected the statutory required fairness doctrine. His remark raised serious controversies on the fairness doctrine.
In this article I examined the concept, historical development, and the rationale for the fairness doctrine, and the American experience of broadcasting regulations. American courts have tried to make clear the following rationale for broadcasting regulations: public ownership, scarcity, pervasiveness, and the right of the viewers and listeners. Justice White stated:“It is the right of the viewers and listeners, not the the right of the broadcasters, which is paramount.”Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 390 (1968).
It is my conclusion that the statutory required fairness doctrine is not unconstitutional, and we should better maintain the doctrine as a legislative policy.