A Study on Protection of the Public Nature in Sports Broadcasting

In 2011, when SBS (broadcasting company) acquired the right to broadcast sports, there was a dispute stating that it conflicted with the universal viewing right under the Broadcasting Act. This judgment is the first and only judgment in Korea regarding the universal viewing right, a regulation under the Broadcasting Act that restricts the right to broadcast sports broadcasts, which is a property right. When SBS bought the rights to broadcast the 2010 World Cup in South Africa, it violated the obligation to provide broadcast rights to KBS and MBC at a fair and reasonable market price without discrimination, and refused or delayed the sale without justifiable reasons.

This is a case that requested the cancellation of the correction order

And the imposition of fines from the Korea Communications Commission for violations. The court held that SBS’s conduct violated Article 60-3, Paragraph 1 and Item 3 of the Enforcement Decree of the Broadcasting Act. Furthermore, in relation to the unconstitutionality of Article 60-3 of the Enforcement Decree of the Broadcasting Act, the freedom of business, contractual freedom, and property rights of broadcasters under the Constitution may be restricted by Article 37 (2) of the Constitution, and It was decided that the property rights owned by broadcasters cannot take precedence over the public interest of guaranteeing viewing rights.

 The reason this ruling is meaningful in studying the public nature of sports relay broadcasting is that it was judged that the guarantee of universal viewing rights can be realized through practical satisfaction of the viewers’ right to know and information access based on the public nature of broadcasting. And the reason why 해외스포츠중계 is restricted from universal viewing rights under the Broadcasting Act can be found in the public nature of sports and broadcasting. In the end, the expression of publicity in sports and broadcasting led to the creation of universal viewing rights regulations under the Broadcasting Act, and the universal viewing rights under the Broadcasting Act developed from the concept of universal access rights based on universal services.

Sport has established itself as a culture by performing a role of community integration

 Such as promoting national homogeneity and confirming national superiority, in addition to personal achievement and pursuit of happiness. In particular, the list of sporting events stipulated by the universal viewing rights under the Broadcasting Act is a game of athletes participating on behalf of the country, which binds the people into a single collective identity. In that respect, sports events are recognized for their public function and public nature. In addition, broadcasting has the characteristics of a public good due to the public ownership and scarcity of radio waves. Considering that the ultimate value of broadcasting is the pursuit of publicity and public interest, the interests and rights of viewers should be considered as important. Since sports through broadcasting can exert their functions by reaching viewers, it is necessary to look at sports relay broadcasting from the perspective of the viewers’ right to access.