A plan by the National Communications Commission to increase the percentage of locally produced programs on terrestrial and satellite television channels drew mixed reactions at a commission hearing on Tuesday, with some attendees saying the move might be unconstitutional.
The draft rules of enforcement used to regulate the broadcast of locally produced content on terrestrial TV channels were stipulated following the passage of amendments to the Radio and Television Act (廣播電視法), the Satellite Broadcasting Act (衛星廣播電視法) and the Cable Radio and Television Act (有線廣播電視法) in the legislature this year.
Article 19 of the Radio and Television Act, which regulates terrestrial television networks, states that locally produced programs should constitute no less than 70 percent of a station’s radio or television output. The act also stipulates that locally produced drama programs that air during prime time should make up at least 50 percent of programs in the same category.
The newly drafted rules state that 50 percent of drama programs that air on terrestrial TV channels during prime time are to be locally produced, and 40 percent of those must be new content.
The rules define drama programs as scripted content containing characters, plots and settings, which include television series, mini-series, situation comedies and TV films.
Meanwhile, prime time is defined as between 8pm and 10pm.
As for satellite channel operators that broadcast children’s programs between 5pm and 7pm, and television series, films or variety shows during prime time, 25 percent of their programs must be locally produced, and 40 percent of those must be new content.
To ensure that television channels comply with the local-content requirements, the commission said it plans to conduct a review of their programming twice per year.
Satellite Television Broadcasting Association secretary-general May Chen (陳依玫) said association members are privately owned cable channel operators that do not use radio frequencies to transmit content.
However, she said the government is now forcing cable channel operators to broadcast certain content at certain hours, and those failing to obey the rules could face a penalty of between NT$200,000 and NT$2 million (US$6,331 and US$63,313).
This could be unconstitutional, because the government appears to be intervening in the arrangement of broadcast schedules of privately owned television channels, Chen said.
She said the commission should let cable channels decide what percentage of local programs they want to air each year, which would then be subject to review by making those goals part of the channels’ business plans.
While the commission only regulates the broadcast of locally produced dramas on terrestrial channels, Chen said cable channels are regulated in their broadcast of children’s programs, locally produced dramas, films, documentaries and variety shows, which is unfair.
Eastern TV legal department director Wang Chiu-ping (王秋萍) said the commission’s rules would only increase the operational costs of cable channels.
She said a channel would have to prepare at least 146 two-hour films and 76.6 drama programs (20 episodes) per year to meet the requirements.
“Because no cable channel in Taiwan has the financial capacity to produce films by themselves, we would have to buy films from other content providers,” Wang said.
China Television program department director Kuo Yuan-chung (郭元?) said that terrestrial television channels would have problems meeting the commission’s standards.
He said it generally takes about nine months to one year to plan, produce and shoot a TV series, adding that not every pitch is viable.
This would make it difficult for the channel to pass the reviews, he said.
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