走出菁英呵護的搖籃？──德國廣電法制在政治與經濟雙重衝擊下的「二元化」發展

Out from the Patronage of the Elites? --The Dualization of the German Broadcasting Regulation under the Influences from the Politics and Economics

藉由德國最近有關公營電台改革問題的爭議，使得政治與傳播媒體之間的緊張關係益形凸顯：公營電台對現實政治的批判色彩，極易惹起政治部門的反感，甚至引發後者的報復或箝制措施；而在激烈的「公視攻防戰」底下，則又隱藏著既得利益者染指電子媒體、並且鞏固其現有優勢的企圖。而在「民營化」的美麗外衣底下，媒體間資本集中化與交相勾串的龐雜網路，使得德國廣電法治傳統上「意見多元化保障」的機能，已不復往昔般澄澈清晰。「走出菁英呵護的搖籃」、進入市場化紀元的廣電法制，又將如何在具體規定上確保其「二元化」的制度目標？本文介紹了邦際廣電協定與相關邦法中的法規，提供進一步分析德國新發展所需的基本資訊。

As recently the example of dispute about the reformation of public television in Germany showed, the relationship between politics and media can easily turn hostile simply because of trivial criticism. In fact, it concerns the privilege of a small group of people, who are well disguised behind the mask of privatization and really benefit from the media-concentration, The attempt of the German Federal Constitutional Court, to maintain the pluralism in the electronic media, is now facing the challenges raised from the growing complexity and non-transparence in the broadcasting branch. The efforts of the federal states' legislators in adjusting the German broadcasting laws into the 'dual system' are merely part of a constant legal construction, which shouldn't be observed, in this context, separately from the former legislations. The author tries, therefore, to sketch the development of the German broadcasting laws were to their environment and why they still are.