Are they independent of the government control?

Technology (3rd edition)

Armenia Small Flag Armenia

In accordance with the Law of Armenia on Public Services Regulatory Body, the regulation in the field of public services is provided by the PSRC and the latter is an autonomous body.

In accordance with the Law of Armenia on Protection of Economic Competition, the SCPEC is an autonomous body as well. Nonetheless, under this same Law, SCPEC should consult with the PSRC in case the issue discussed related to the boundary of electronic communication product market and dominant position of economic entity in that markets.

According to the Law of Armenia on television and broadcasting the CTR is an independent governmental body.

Dominican Republic Small Flag Dominican Republic

Although in its appointment process participates the private sector, who nominates two of its commissioners, INDOTEL is a governmental agency, since the President can exert control of its decisions.

Egypt Small Flag Egypt

While NTRA, ITIDA and the Supreme Media Council are all considered as governmental entities, NTRA and ITIDA are entities having public juristic personality and are affiliated to the Ministry of Communications and Information Technology. The Supreme Media Council, on the other hand, is an independent entity having a separate juristic personality enjoying technical, financial and administrative independence from the government.

Estonia Small Flag Estonia

Mostly yes. The Consumer Protection and Technical Regulatory Authority is a government agency operating in the area of government of the Ministry of Economic Affairs and Communications, so the ministry may provide directions in connection with the performance of its day-to-day functions or the exercise of its powers (as regulated with the Statutes of the Authority). However, the Minister cannot give directions with respect to anti-competitive conduct and record keeping rules in the telecommunications industry or the telecommunications access regime.

France Small Flag France

The ARCEP has been considered as an independent government agency (Autorité administrative indépendante) by the French Constitutional Court since its inception in 1996. It is now subject to the Act of 20 January 2017 which defines the rules applicable to all such agencies, such as incompatibilities, conflicts of interests, professional secrecy. Its members may not be revoked during their assignment and may not receive orders or instructions from the government.

Pursuant to EU rules, national regulatory agencies (NRA) such as the ARCEP must be in possession of all the resources necessary for the performance of their tasks in terms of staffing, expertise, and financial means. In 2018, the ARCEP employed 170 agents and its budget reached 27,30 millions euros.

China Small Flag China

No. The MIIT, CAC and most other regulators are departments of the State Council, the principal administrative authority of the PRC government.

Israel Small Flag Israel

The Ministry of Communications is not an independent authority. It is a ministerial office, controlled by the government of the day.

Italy Small Flag Italy

AGCOM is an independent authority entrusted with the task of both ensuring fair competition from market operators and protecting the pluralism and fundamental freedoms of citizens in the telecommunications, publishing, mass media and postal industries. AGCOM is accountable to the Parliament, which establishes its powers, has defined its statute and elects its members.

Japan Small Flag Japan

The MIC is a government regulatory body and as such is not independent of government control.

Malaysia Small Flag Malaysia

The MCMC is not independent of government control as the Minister of Communications and Multimedia (“Minister”) is empowered to regulate the MCMC under the CMA and the MCMCA.

Malta Small Flag Malta

Section 6 of the Malta Communications Authority Act (Chapter 418, Laws of Malta) establishes that the Minister responsible for communications may give the MCA directions in writing of a general character in cases which appear to him to affect public interest provided that such directions are not inconsistent with the provisions of the Act. Furthermore, if the Authority fails to comply with any directions issued under this article, the Prime Minister may make an order transferring to the Minister in whole or in part any of the functions of the Authority.

Therefore, whilst the MCA is required to “act independently and shall not seek or take instructions from any other body on any matters related to the exercise of any of its statutory functions”, these external government forces have a significant impact on reducing that independence.

New Zealand Small Flag New Zealand

See question above.

Germany Small Flag Germany

See above.

Indonesia Small Flag Indonesia

Legally speaking, BRTI is an independent body. This is despite the fact that high-level officials of MCI also sit as ex-officio member of the BRTI. Currently the Head of BRTI is the Directorate General of Informatic and Post Resources and Equipment of MCI.

Pakistan Small Flag Pakistan

PTA and PEMRA are controlled by the federal government whereby, the federal government may, as and when it considers necessary issue directives to the authorities on matters of policy, and such directives shall be binding on the authorities, provided that such directives are not in contravention of the PTA Act and/or the PEMRA Ordinance (as applicable), and if a question arises whether any matter is a matter of policy or not, the decision of the Federal Government shall be final.

Romania Small Flag Romania

ANCOM was established pursuant to the Government Emergency Ordinance no. 22/2009 as an autonomous public authority under the control of the Romanian Parliament and financed entirely from its own revenues.

South Korea Small Flag South Korea

Yes and no. While the KCC can be viewed as an independent regulatory body (which includes several independently-minded Commissioners with no government career background), the MSICT is a part of the executive branch of the Korean Government and could be subject to government control.

Spain Small Flag Spain

The CNMC is independent from the Spanish Government, although it is subject to parliamentary control. According to Article 39 of Act 3/2013 on the CNMC’s creation, the President of the CNMC has to appear annually before Congress in order to outline the basic plan for its actions and priorities for the year ahead. In addition, the President must, every three years, present in person their evaluation of the action plan and the results achieved by the CNMC. Without prejudice from this annual appearance, the President must appear before the corresponding commission of the Senate or Congress on the same terms established in their respective regulations.

On the other hand, the Secretariat of State for Digital Progress is within the structure of the Ministry for Economy and Business.

Sweden Small Flag Sweden

The Ministry of Enterprise and Innovation (Sw. Näringsdepartementet) is responsible for the Post and Telecom Authority and the Ministry of Justice (Sw. Justitiedepartementet) is responsible for the Data Protection Authority.

Taiwan Small Flag Taiwan

The company owns and controls most of physical telecommunications facilities, equipment, and, network within the territory of Taiwan is “Chunghwa Telecom Co., Ltd.”, which is still controlled by the Taiwan government with the government being its major shareholder. The other fixed network operators and mobile operators are privately owned and some of them are listed companies.

Turkey Small Flag Turkey

ICTA is independent in principle, but is related to the Ministry of Transportation and Infrastructure.

United Kingdom Small Flag United Kingdom

Ofcom, whilst independent of government control:

  • must act in accordance with its powers and duties set out in law;
  • is accountable to the UK Parliament; and
  • is funded from regulatory fees and grant-in-aid from the UK government.

Following amendments made by the Digital Economy Act 2017, Ofcom has to have regard to the government's statements of strategic priorities relating to telecoms and radio spectrum management (section 98 2A-2C).

United States Small Flag United States

The FCC is an agency of the U.S. government. It is directed by five commissioners appointed by the President of the United States for 5-year terms. Although it is an independent agency of the federal government, the appointment process has become politicized in recent years, and commissioners frequently espouse the policy positions of the administration that appoints them.

Australia Small Flag Australia

See the answer to the question above.

Updated: July 25, 2019