ზნეობრივი სტანდარტები და სატელევიზიო მედიის რეგულირება ამერიკის შეერთებულ შტატებსა და საქართველოში

Abstract

Article attempts to compare legal approach and practice of TV media regulation in the United States and Georgia. Analyses of decisions of U.S. Supreme Court and Georgian Constitutional Court concerning community standards for broadcast indecency and regulatory measures shows differences in balance of media freedom and public interest protection. Georgian media advocacy groups state that in Georgia very high standard of free speech has been set, which equals the American standard, therefore discussing European standards are not relevant and best practices of European co-regulation are neglected. Meanwhile, increase in amount fines for breaches in cases of indecency, introduction of broadcasting blocking mechanisms and time-delay systems indicate high importance of public interest and protecting community standards in United States TV media regulation. Analysis shows that in the legal framework of Georgia priority is given to universalistic principles, public morality as legitimate aim is seen as a threat to media freedom. Changes in regulatory measures aimed at procuring media freedom indicate clear shift towards the practices of individualistic cultures, combined with exclusion of state involvement and implementation of full self-regulation