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The Concept of Objectivity in Broadcasting from a Legal Perspective
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방송의 객관성에 대한 연구 : 법률적 관점을 중심으로

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Type
Academic journal
Author
Ahran Park (한국언론진흥재단)
Journal
Korean Society For Journalism And Communication Studies Korean Journal of Journalism & Communication Studies Vol.60 No.6 KCI Excellent Accredited Journal
Published
2016.12
Pages
157 - 185 (30page)

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The Concept of Objectivity in Broadcasting from a Legal Perspective
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Abstract· Keywords

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The concept of objectivity and fairness is substantial in evaluating the quality of broadcasting. Nonetheless, the notion of “objectivity” has received less attention than “fairness” or “impartiality.” But the importance of objectivity as a broadcasting standard has been increasing in a legal perspective. For instance, the Seoul High Court in 2016 reversed the lower court’s decision in the JTBC <News 9> case, holding that JTBC violated an objectivity standard by ignoring other side’s opinions. Also, several court cases illustrate how the objectivity standard has been utilized to regulate contents of broadcasting. This research shows that Korean courts and the Korean Communications Commission have yet to provide a clear guideline to determine the concept of objectivity in broadcasting. Also, it argues that courts should have considered the differences between broadcasting channels and programs. This article claims that courts should carefully apply the objectivity standard to broadcasting for more freedom of the press, especially in cases related to ‘public interest.’

Contents

1. 문제 제기
2. 이론적 논의
3. 객관성에 대한 방송통신심의위원회의 판단
4. 객관성에 대한 법원의 판단
5. 논의 및 결론
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UCI(KEPA) : I410-ECN-0101-2017-070-002014869