The 1982 UN Principles Governing the Use by States of Artificial Earth

Satellites for International Direct Television Broadcasting

Franz A.M. Koppensteiner

Structure

Historic Overview Technical Restrictions UNESCO Declaration Pre-Drafts

Content and Legal Nature of the General Assembly Resolution 37/92

Critical Review of the Principles Soft Law because it is “Bad” Law? Soft Law because it is “Unnecessary” Law?

Technical Regulations

Radio Regulation 428A: „In devising the characteristics of a space station in the broadcasting-satellite service, all technical means available shall be used to reduce, to the maximum extent practicable, the radiation over the territory of other countries unless an agreement has been previously reached with such countries.“

UNESCO Declaration

Article IX UNESCO Declaration: „it is necessary that States taking into account the principle of freedom of information reach or promote prior agreements concerning direct satellite broadcasting to the population of countries other than the country of origin of the transmission.”

Article V UNESCO Declaration: the „objective of satellite broadcasting for the free flow of information is to ensure the widest possible dissemination (...) of news of all countries (...).”

Pre-Drafts

Soviet Draft Prior Consent No Propaganda State Responsibility Counteraction

US Draft Free Flow of information

Swedish Canadian Draft

Resolution 37/92

Principles Consultations and Agreements Prior Consent State Responsibility Relation to International Law

Legal Nature

Bad Law?

Statist Critique State Sovereignty Cultural imperialism?

Free Flow Critique Plurality in the Media Article 19 Universal Declaration / Article 19 ICCPR Helsinki Accords of 1975 Impediment to Technological Progress

Two contradicting views

“Our peoples are constantly subjected to the uncontrolled invasion of news that inculcates in our masses alien values which threaten our national identity”

Carlos Andres Perez

“The advent of communications satellites will mean the end of present barriers to the free flow of information; no dictatorship can build a wall high enough to stop its citizens (from) listening to the voices from the stars”

Arthur C. Clarke

Unnecessary Law?

UK Proposal

Terrestrial Radio and Television Broadcasting Freedom of Broadcasting Technical Radio Regulations Pirate Radio Stations Propaganda and Hate Speech

Conclusion

Resolution 37/92 remains Soft Law

Need for international Principles

Reformulation of the Principles