獨立與問責關係的辯證─從「臂距之遙」原則探討公視董事會成員選任機制
The Dialectics of the Relationship between Independence and Accountability ─ Examining the Mechanism for Nomination and Appointment to the Board of Directors of Taiwan’s Public Television Service from the “Arm’s-Length” Principle

胡元輝

公共電視第四屆董事會期間，出現公視成立以來與政府間的最大衝突，第五屆董監事選任過程亦風波迭起，顯示台灣公共廣電體制已面臨重構的關口。董事會成員是否能妥善的選任與組成，可以說是公共廣電機構能否順利運作的重要開端，本文因此以「獨立」與「問責」觀念的辯證為基點，對英國公視BBC、澳洲公視ABC與我國公視董事會成員選任機制進行比較，發現我國公視董監事的選任機制確實存在制度缺陷，包括公正、公開、透明與公民社會參與等原則的實踐，皆有所不如。本文爰參考國外機制，並衡量我國生態，提出符合「臂距之遙」原則的我國公視董監事選任機制改革芻議，以為我國公廣體制再建構之參考。

During the tenure of the 4 th board of directors of the Public Television Service (PTS), there erupted the biggest conflict between government and the PTS since its inception. Even the nomination and appointment process for the 5th board of directors and supervisors continues to be plagued by constant tensions and conflicts. These incidents indicate that Taiwan’s public broadcasting system is facing a critical point in which a reconstruction of its nomination and appointment process is necessary. Therefore, this article seeks to compare the processes of selecting and appointing
boards of directors of public broadcasting organizations in the U.K.’s BBC, Australia’s ABC and Taiwan’s PTS based on the dialectics of the relationship between “independence” and “accountability”.

The comparison reveals that PTS’s process for nominating and appointing the board of directors and supervisors shows institutional flaws and lags behind the comparators, especially in the practice of the principles of fairness, openness, transparency, and involvement of civil society. The purpose of this article is to consult the public broadcasting mechanisms in other countries, as well as to examine Taiwan’s broadcasting environment. In the end a model conforming to the “arm’s-length” principle is established for reconstructing the nomination and appointment of the PTS’ board of directors and supervisors. It is hoped that the model created by this study can be a useful reference for the reconstruction of Taiwan’s
public broadcasting system in the future.

公共廣電、獨立、問責、臂距之遙原則、台灣公視

public broadcasting, independence, accountability, arm’s-length principle, Taiwan Public Television Service Foundation

2011-07-05

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獨立與問責關係的辯證─從「臂距之遙」原則探討公視董事會成員選任機制.pdf