A Study of Media Group Monopoly’s Freedom of Speech and Regulation Issues

• Main Authors: Yi-shan Chung, 鍾宜珊
• Other Authors: 王偉霖
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/58420144580813302779

碩士 === 逢甲大學 === 財經法律研究所 === 103 === In recent years, media merger cases have been increased day by day. For instance, after the merger plan between Taiwan Mobile Co., Ltd. and Kbro was failed, Mr. Tsai Ming-Chung and Mr. Tsai Ming-Hsing jointly founded Da-Fu Media on their own behalf to take over this merger case. Besides, the merger involving Want Want China Times Group and China Network Systems Co., Ltd is another distinguished case. Currently, although several related statutes, such as Fair Trade Act, Radio and Television Act, Cable Radio and Television Act, and Satellite Broadcasting Act, have been put into practice in Taiwan, none of these laws can provide a explicit guideline or detailed instruction for combination or merger transactions of cross-media groups. Furthermore, due to the great pressure and impact of public opinion, competent authorities may not have enough power and prestige to perform their designated functions perfectly. These factors not only have negative effects on administrative efficiency of Taiwan government, but also hinder the integration opportunities between cross-media businesses and enterprises. Unfortunately, even though the National Communications Commission (hereinafter "NCC") had been requested to make an immediate delivery for Antitrust Law review by the Legislative Yuan in January 2013, amendments of three broadcasting laws (those for terrestrial, cable, and satellite transmission merged into one law) and Antitrust Law were not reviewed in the third reading as originally expected in July. With the introduction of the evolution of foreign regulations and formation of media groups, this article will has a series of detailed discussions and demonstrations about the current controversies of related control and regulations in Taiwan, including the control rights of Fair Trade Commission and NCC, incidental provision of administrative disposition, market share estimate and the freedom of the press, also provides several personal suggestions as follows: Firstly, an independent government authority which can perform its duties and responsibilities without any interferences shall be founded. Secondly, an explicit computing standard shall be established and the amendment of three broadcasting laws shall be reviewed and passed by the Legislative Yuan as soon as possible. Thirdly, competent authorities shall draft and pass the regulations of cross-media integration as soon as possible. Last but not least, competent authorities shall ensure the freedom of the press and prevent the future development of media from the interruption of unduly ex ante control.