호주방송통신미디어위원회의 규제집행절차와 시사점: 통신규제를 중심으로

Abstract

The Australian media and communications landscape is diverse and complex, In order to efficiently regulation these complex environment, the Australian Legislature and the Government established a co-regulatory regime, in which broadcasters and carriers themselves bear the primary responsibility for the service they provide, and the Australian Communications and Media Authority (the ACMA) as a Australia`s regulator for broadcasting, the internet, radiocommunications and telecommunications. This article is first to examine and compare the administrative organization and the compliance and enforcement policy and procedures of the ACMA so as to find an ideal model of regulatory enforcement system for the Korea Communications Commission. The Australian communications and media regulatory system is established on a three-tiered system with Industry Codes agreed upon by members of the industries being the first level, then Industry Standards made by the ACMA, and then laws made by Legislature. It also operates a corresponding three-tiered system with the voluntary compliance by the industry members being the first level, then the compliance and enforcement by self-regulatory body, then the ACMA, respectively. The ACMA adopts a graduated and strategic risk-based approach to compliance and enforcement. This approach recognises that breaches of the rules established by the Acts and instruments will be dealt with effectively and efficiently. It also recognises the role of co-regulation set out in the legislation it administers and of engaging with the regulated community to promote voluntary compliance.