コミュニケーション法制としての電気通信制度 (<特集>社会的コミュニケーション状況とメディア変容 : 法制・規制・批判の相互連関の視点から)

概要

論文の詳細を見る
Technological progress has produced new information service media within the fields of telecommunications and broadcasting ; however, the Japanese administrative authorities-in both previously enacted legislation and in the proposed revision to the "Broadcast Law" submitted to the Diet in 1989-remain with a framework corresponding to the classical dualism of telecommunications and broadcasting. More critical problems are those involved in the transformation of the telecommunications system resulting from the combination of telecommunications setworks and information processing systems. Along with research into the freedom of expression-and its limitations-we also need detailed research into the freedom of communication-and its limitations- (with public openness as the objective). This study needs to be done in relation to the right of "private communication", a right which is guaranteed by the constitutional prohibition against monitoring or other such infringements. If the dualism involved in the typical treatment of telecommunications and broadcasting leads to diminiscing effectiveness, then the emergence of a new perspective enabling unity between the two poles of the dualism will be required. As one key to the construction of such a perspective, a reexamination and reconstruction of the "right to communicate" is proposed.
日本マス・コミュニケーション学会の論文
1989-04-30