Freedom of speech is the very foundation of a constitutional democracy. Radio and television broadcasts are important media through which people may state their ideas and commentary, thereby allowing public opinion to be expressed. This results in the reinforcement of democracy, the advancement of knowledge, and the promotion of cultural, moral and economic development. As such, the freedom of speech through radio and television is protected under Article 11 of the Constitution. However, because the messages disseminated via radio waves are boundless, radio and television engender a great and deep impact on society. The enjoyment of this freedom of information dissemination carries with it, under the principle of self-regulation, certain social obligations so as to avoid the abuse of these rights. The state is entitled to enact laws to restrict the freedom of the media should they demonstrate immorality, disturb the public peace, endanger the state, or infringe upon the rights of others.
Radio wave frequencies are a limited public resource. In order to avoid monopolies, the state must enact laws that govern their distribution. Under such laws, the responsible authority is empowered to work out a fair and reasonable system concerning the lifting of the ban on radio wave frequencies. This system will serve to ensure the balanced development of radio and television and increase the availability of media for the average person.
In theory, the "right of access to the media" indicates the right to demand the mass media station owner publicly to provide a printed broadcast time schedule. This will serve to promote the truthfulness and fairness of media reports and commentary by enabling the public their rightful opportunity to express their opinions. That is to say, when an individual*s right is infringed upon due to wrongful media reports or commentary, he or she is entitled to offer a response or request the media to revise their reports or commentary. An example of the means by which radio and television media are able to improve the quality of democratic politics is by way of holding impartial political debates during election campaigns.
Nonetheless, granting public access to the media in effect places limitations on media station owners in terms of editing and selection of information. It may serve to deprive media station owners of their right to free editing should they be required to accept unconditionally any individual*s demands to express his or her objections through broadcast media. As a result of losing their freedom to edit, media station owners will be subject to excessive compromise and hesitate to report the full truth. Accordingly, the function of the media to report in a true and fair manner will be undermined. Therefore, both the public right to media access and the media*s freedom of editing must be simultaneously considered. The law must set conditions on the public*s access to the media in order to implement the equal integrity of the public right of access and the media*s freedom of editing.
In conclusion, the freedom of expression through radio or television media is included under the freedom of speech of Article 11 of the Constitution. To protect this freedom, the state must distribute the use of radio wave frequencies in a fair and reasonable manner. The laws must be enacted with a balanced regard for the public*s equal right to media access and the media*s right to edit freely.
*Translated by Professor Tsung-Fu Chen.