Page 116 - Communication and Citizenship Journalism and the Public Sphere

BEYOND BALANCED PLURALISM 105

the office, they are very strong. They were weakest in CDU/FDP
governed Lower Saxony where orders for broadcasters were
implemented by the Land government and the director’s function was
purely administrative.
Although the constitutions differ for the various pluralist regulatory
bodies, party-political and government interests are generally less than
those in the public-service broadcasting councils. Membership overall is
also less for widely represented groups, such as churches, trade unions,
culture, municipalities and even journalists; and significantly less in
science and education. Less well represented groups, such as
professional bodies, consumers, charities and environmentalists, have
gained somewhat, although the overall weighting towards the
traditional social organizations has hardly changed. The so-called
minority interests, such as the anti-nuclear and animal rights
movements, are hardly represented at all; and environmentalists or old
age pensioners and women, who can hardly be regarded as minorities,
are still clearly under-represented. As for the lower socio-economic
groups, virtually nobody represents them.
Despite its slight decline, political representation is still substantial.
This political influence is often reinforced by permitting parliamentary
factions to select additional social groups according to their strength;
for example, the Hamburg parliament appoints all the representatives of
the social groups. Direct political representation is in some Länder also
increased by the non-voting attendance of a member of the cabinet
office during the meetings of the boards, be it in CDU/FDP Lower-
Saxony or SPD Northrhine-Westfalia. This is officially justified by the
governments’ formal legal supervision over the regulatory authorities. 30

Pluralism in organization
But since the regulatory authorities are institutionally separated from the
private broadcasters, they can only have limited control over editorial
content. Unlike the public sector where supervisory control goes hand in
hand with administrative responsibility, in the private sector the two
functions are carried out by different organizations. If genuine pluralism
is to be achieved, the regulation of the constitution of each broadcasting
organization licensed is of particular importance.
Three different basic models have been developed to achieve
pluralism. The main system is the mixed model as laid down in the
Inter-Land Treaty. It was written into the Treaty because most Länder
had adopted it. Until three private channels are available nationwide,