人工衛星による直接テレビ放送 : 情報の自由な流通と国家主権
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概要
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Since the Soviet Union launched the first artificial satellite, Sputnik I, into the orbit around the earth in 1957,the exploration and the uses of outer space have been carried out in rapid succession mainly by the two superpowers. Several other countries have also participated in the outer space activities, jointly or independently, and have contributed to the acquisition of valuable informations about outer space, celestial bodies and the earth. The remarkable development of space technology has made possible the uses of outer space for the benefit of mankind. Among the most important for the purpose of peaceful uses of outer space is the development of direct television broadcasting by geostationary satellite. This revolutionary system of television broadcasting, if successfully completed, will not require most of the conventional ground facilities, and the TV programmes will be sent directly to the home receivers. The benefits which this technological innovation will bring to us are supposed to be enormous and the [impact of the new system on our life will be almost incalculable. The direct broadcasting will cover the vast range of land within its service areas, eliminating information gaps now existing between the metropolitan areas and remote regions and contributing to the development of less-developed areas as well as the furtherance of international cultural exchange. On the other hand, such a new potentiality raises a problem on the international plane. As the TV wave emitted from the satellite to the ground knows no national boundaries, it becomes possible that the foreign TV programmes reach directly to the individual home receivers. This possibility has given rise to the serious international repercussion and stirred up misgivings on the part of many states which would be placed in a position of receiving countries vis-a-vis the foreign TV programmes. If not regulated by international rules, it may happen that the programmes, which in the eyes of these States are undesirable, will flow into their territories against their will. In case that there would be no effective means of prevention, this inroad of information might be the cause of tension between the broadcasting State and the receiving State, thus adding to the sources of international dispute. Particularly for these States which monopolize the mass media, the prospect that their nationals may have free access to various informations from the outside world may be impermissible and even dangerous. To prevent such a situation, considerable number of States strongly oppose the free flow of information by means of direct TV broadcasting on the basis of the principle of national sovereignty. The potential broadcasting States of the free world on the other hand -among others the United States, West Germany, Britain and Japanare advocating, with varying zeal, the principle of the free flow of information. They contend that the right of free access to the information is one of the pillars of the fundamental human rights provided for in the Universal Declaration of Human Rights (Art. 19) and in the International Covenant on Civil and Political Rights (Art. 19,paragraph 2). The problems concerning the direct television broadcasting have been discussed in the United Nations since 1968. The focus of the debates in the Outer Space Committee and in the Sixth Committee of the General Assembly has been the priority of the above-mentioned principles in the proposed Convention(or Declaration)on this subjec-tmatter. As an alternative solution, the efforts to compromise these two principles have been being taken within the United Nations bodies, so far without success. Although the concrete compromise formula is not yet in sight, there is the , possibility that the new rules would be formulated with the concession on the part of potential broadcasting States. This is conceivable due to the fact that the majority of States are either the receiving States in any circumstance or
- 関西学院大学の論文
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