Apparent Changes? Social Communication in the 1988 Constitution: Debates in the Subcommittee on Science, Technology, and Communication.
Legal History; Constituent Assembly; Social Communication; Broadcasting; Public Service
The 1988 Constitution brought significant changes to the treatment of broadcasting compared to previous Constitutions. Although many of the "new" provisions have not been regulated, raising the central question of this study: were the constitutional changes in the broadcasting sector merely superficial? As a contribution to the field of Legal History, this thesis examines the deliberative process within the Subcommittee on Science, Technology, and Communication concerning the topic of Social Communication. It establishes that the Constitution reaffirmed the characterization of broadcasting as a public service. The primary sources for this research were the minutes and stenographic records of the Committees, particularly those of the Subcommittee on Science, Technology, and Communication. The historical and political context of the period was also analyzed, in addition to secondary sources and the key actors involved in the process. This thesis concludes that the Constitution enshrined information as a public good and a fundamental right, positioning broadcasting as a key instrument to uphold this right. Furthermore, it demonstrates that the emergence of a sector monopoly from the 1960s onward was made possible only through state support. However, such a monopoly is incompatible with the 1988 Constitution.