Judgment No. CCZ 9/2016 33
Const. Application No. CCZ 316/2012
freedom of expression. Red Lion Broadcasting v FCC 395 US 367 (1969) at 390, 389-91. FCC
v League of Women Voters 468 US 364(1984) at 380.
It follows that for a public broadcaster to effectively discharge its mandate of
serving the public interest, it needs protection of a legal nature. The legal protections aim at
creating an appropriate structure that will ensure that the public broadcaster is able to discharge
its mandate in an independent manner. These legal protections include a clear statement of the
purposes and objectives of broadcasting service provided. There must be a guarantee of the
public broadcaster’s editorial independence in the law.
A report by Robert Corn-Revere: Washington DC, May 2002 on “Freedom of
Expression in Public Broadcasting” defines editorial independence as: “the responsible
application by professional practitioners of a free and independent decision – making process
which is ultimately accountable to the needs and interests of all citizens”.
The financial independence of a public broadcasting service requires that its
funding arrangements should not be used to directly or indirectly exert any influence over the
public broadcaster’s editorial independence and institutional autonomy. The institution must be
adequately funded in order to provide citizens with high quality programmes. There is a direct
relation between financial independence and editorial freedom of a public broadcaster. They are
both guaranteed primarily for the benefit of the public.
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