| Summary: | 碩士 === 國立政治大學 === 法學院碩士在職專班 === 99 === Broadcasts is important media which enable people to state their ideas and commentary, thereby allowing public opinion to be expressed. By providing the platform for people to express themselves these media play crucial roles in terms of reinforcing democracy, advancing knowledge, and promoting cultural, moral and economic development. At the same time, broadcasting, with all their influential power, should take a certain social responsibility. The freedom of speech through these media is protected under the legal system. However, in order to prevent these media from abusing their privilege the state should restrain their freedom according to related laws and regulations if they spread immoral materials, disturb the public, endanger the state, or infringe upon the rights of others.（Reference：No.364. Justices of the Constitutional Court, Judicial Yuan.）
The satellite broadcasting industry is regulated by the Satellite Broadcasting Act. The Act ensures that the operators provide truthful information, opinion and entertainment by enacting laws of operation permit, requiring standardized applications from the operators which will be evaluated by specialized regulatory agency. This Act can also enhance citizens’ care for the government and public affair, serving as the informer which triggers public discussion and therefore promote people’s right to know and to supervise the government and its policies. The regulatory agency should follow the law when they conduct the regulation ex ante. In addition to acting upon the principle of administration according to law, the regulatory agency should also follow other codes such as the egalitarianism, proportionality. The procedure should be justice in letter and in spirit so as to protect people’s right.
The operation permit is very important in terms of protecting people’s fundamental rights such as the freedom of speech, freedom of business operations, and property right. Focusing on the regulations of operation permit, this research proposes to discuss the contents of the satellite broadcasting law from both theoretical and practical approaches. It is worth noticing that most of the administrative petition and administrative litigations are caused by illegal or inappropriate administrative sanctions. Therefore in this paper I will try to analyze the most representative cases.
Keywords: Satellite broadcasting, Operation permit, Administrative petition and administrative litigation.
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