New constitution and media freedom in Libya: journalists’ perspectives

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Miral Sabry AlAshry
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Freedom Of Information ◽  
Political Rights ◽  
Media Freedom ◽  
Content Type ◽  
The Media ◽  
Civil And Political Rights ◽  
The Right

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented (freedom of information and personal information act) because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution.

LEGAL BASIS OF PRESS FREEDOM IN IRELAND

2020 ◽  
Vol 2 (XX) ◽  
pp. 19-44
Author(s):  
Michał Kaczmarczyk
Keyword(s):  
Freedom Of Expression ◽  
Press Freedom ◽  
Legal Basis ◽  
Legal Tradition ◽  
Freedom Of Establishment ◽  
Media Freedom ◽  
Media System ◽  
The Press ◽  
The Media ◽  
The Right

The concept of freedom of the press is closely linked to freedom of expression. Freedom of the media is an instrument of free speech and is derived from the freedom of expression, independence of thought, opinion, ideas and judgement. Freedom of the media is possible only if the state ensures real independence of expression, access to reliable information, freedom of publication and publishing. Respecting media freedom through non-interference by public auReceived thorities is an important part of the European standard of democracy, and is aligned with the essence of the liberal democratic regime. Ireland has a diversified market of newspapers and magazines, created by private entities, operating on the basis of well-developed guarantees of freedom of establishment that are deeply rooted in the Irish legal tradition. Freedom of speech, which is also enjoyed by the media, is enshrined in the Constitution, and appropriate institutions have been established to protect it, defending the right of the media to obtain and disseminate information, but also to safeguard the principles of law and ethics in journalism, combining the right of the press to express opinions and freely describe reality with the right of the beneficiaries of this activity (readers) to obtain information that is reliable, true, honest and credible. This article attempts to characterize the legal basis of press freedom in Ireland (both domestic and international) and to describe the institutions that uphold this freedom, ensuring that the media system functions properly as one of the subsystems of the social system.

Political pressure mounts on Japanese media

2015 ◽  
Keyword(s):  
Prime Minister ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Political Pressure ◽  
Content Type ◽  
International Media ◽  
The Public ◽  
The Media ◽  
Near Term ◽  
The Government

Significance The issue of media independence has become a fraught one under Prime Minister Shinzo Abe's administration, with perceptions rising among journalists and the public that the government is subjecting the media to political pressure. Critics of the administration speak of censorship and threats to freedom of expression. Japan's ranking in the World Press Freedom Index has fallen from 22nd in 2011-12, before Abe took office, to 61st in 2015. Impacts The government seems likely to try to marginalise the criticisms of constitutional scholars, like it marginalises its other critics. International media as well as domestic journalists are likely to feel some pressure from the authorities. In the near term, the issue is unlikely to destabilise the government, or derail passage of security legislation.

Freedom of Information and the Evidentiary Use of Film in Japan: Law and Sociopolitics in an East Asian Democracy

1971 ◽  
Vol 65 (4) ◽  
pp. 1119-1134 ◽  
Author(s):  
Lawrence W. Beer
Keyword(s):  
Mass Media ◽  
Freedom Of Expression ◽  
Freedom Of Information ◽  
Procedural Law ◽  
The Supreme Court ◽  
Television Film ◽  
The Media ◽  
The Right ◽  
Privileged Communications ◽  
And Behavior

This study sets forth the post-1945 development and present status of Japanese constitutional and procedural law on court-mass media relations, while analyzing aspects of the interaction between law and sociopolitical thought and behavior. A recent and dramatic illustration of the issues is provided by the Hakata Station Film Case: A Fukuoka court'ssubpoena(August 29, 1969) for newsfilm taken during a student-police encounter occasioned conflict between Japan's mass media and courts; the dispute was resolved by a film seizure (March 4, 1970) three months after the Supreme Court had upheld thesubpoena'sconstitutionality. The media maintain that Article 21 of the Constitution (freedom of expression) gives them the right to determine when their used or unused television film or still photographs may be employed as court evidence, even in the absence of privileged communications. This and other court cases considered, arising from Japan's perennial demonstrations, illustrate a strong tendency toward in-group unanimity, new problems in news and evidence gathering, and the operation of a non-Western legal system influenced by Japanese, European, and American traditions.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

Freedom of Speech in International Law

2021 ◽  
pp. 192-212
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Speech ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Domestic Law

This chapter traces the broad contours of the right to freedom of speech as it has evolved in international law, principally under Article 19(2) of the 1996 International Covenant on Civil and Political Rights (ICCPR or ‘the Covenant’). Any speech protective principles deriving from the international jurisprudence are qualified by the following factors: the contextual contingency of the value of speech, the inherently limited reach of international scrutiny, the changing nature of the marketplace, and emerging forms of censorship. The chapter then outlines the key human rights treaty protections for freedom of speech, before further exploring the scope of the right. It examines the permissible grounds for speech restriction, highlighting two contested categories of speech—namely, incitement to hatred and glorification of terrorism—where international law not only concedes the low value of such speech, but specifically mandates its prohibition in domestic law. States that introduce broadly framed speech restrictions may claim to be acting in satisfaction of this prohibitory requirement. In consequence, the intensity of any ensuing international scrutiny will inevitably be substantially reduced.

scholarly journals JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA

2018 ◽  
Vol 7 (3) ◽  
pp. 451
Author(s):  
Irawati Handayani
Keyword(s):  
International Law ◽  
First Generation ◽  
Second Generation ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Political Right

<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

scholarly journals Myanmar Media: Legacy and Challenges

2020 ◽  
pp. 245-271 ◽  
Author(s):  
Maria Ochwat
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Democratic Society ◽  
Press Freedom ◽  
Close Link ◽  
State Security ◽  
The Press ◽  
The Media ◽  
The Individual

For nearly fifty years Myanmar was ruled by a military junta. It did not tolerate any criticism, and severely punished anyone who dared to oppose them. At the same time, it cut the country off from the rest of the world, preventing it from being informed about Burma’s internal situation. The announcement of the changes came when Thein Sein’s first civilian government was formed in 2011. Almost 10 years have passed since then and Myanmar, according to the Press Freedom Index, is considered to be one of the countries where freedom of speech and freedom of the media are commonly violated and journalists are often persecuted and punished. Freedom of expression is one of the pillars of a democratic society, the basis for its development and a condition for the self-fulfillment of the individual. One of the most important ways of exercising freedom of speech is through free and independent media. The issue of respect for freedom of expression and freedom of the media must be seen in a broader context. It should be noted that there is a close link between respect for human rights and peacekeeping. Although freedom of expression, and thus freedom of the media, is one of those freedoms which may be restricted in specific situations, it cannot be done arbitrarily. Under public international law the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. The authorities of Myanmar, when introducing and maintaining restrictions on freedom of speech and media, often invoke the need to restrict freedom of speech and media for reasons of state security, protection of morality or public order. However, one can venture to say that they are in fact afraid of criticism and possible public actions against the current authorities.

Art.21 Freedom of Expression and Opinion, and Access to Information

2018 ◽  
Author(s):  
Varney Eliza
Keyword(s):  
United Nations ◽  
Freedom Of Expression ◽  
Political Rights ◽  
Access To Information ◽  
Persons With Disabilities ◽  
Article 9 ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The Right ◽  
Equal Right

This chapter examines the effectiveness of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in promoting and protecting the equal right of persons with disabilities to freedom of expression and opinion and access to information, focusing on 21. The discussion draws links between this provision and Article 19 of the International Covenant on Civil and Political Rights, and stresses the importance of the CRPD in applying the right to freedom of expression and opinion and access to information to the specific circumstances of persons with disabilities. Links are drawn also between Article 21 and other provisions of the CRPD, particularly Article 9 on accessibility. The chapter concludes with a reflection on the opportunities and challenges associated with the implementation of Article 21 by states parties to the Convention.

Media Law

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Press Freedom ◽  
Freedom Of Information ◽  
High Profile ◽  
The Right To Privacy ◽  
Electronic Transactions ◽  
The Press ◽  
Information Law ◽  
The Media ◽  
The Law ◽  
The Right

The Indonesian media is vibrant and expanding, although ownership concentration is a significant problem. This chapter describes the regulatory framework governing the media that was developed after Soeharto’s system of tight control was abolished. It pays particular attention to the Press Council and the Indonesian Broadcasting Commission. It also covers journalists’ associations, press freedom, censorship, and the right to privacy; and the law of defamation and related provisions in the law on electronic transactions and information. Freedom of information law and laws protecting state secrets are also covered. The chapter discusses two high-profile defamation cases that created controversy in Indonesia—those involving Prita Mulyasari and Tommy Soeharto. These reveal serious flaws in the current legal regime governing the media in Indonesia.

scholarly journals The Right to Perform Rescue at Sea: Jurisprudence and Drowning

2020 ◽  
Vol 21 (3) ◽  
pp. 598-619
Author(s):  
Itamar Mann
Keyword(s):  
International Law ◽  
International Criminal ◽  
Civil Disobedience ◽  
International Criminal Law ◽  
Law Of The Sea ◽  
Political Rights ◽  
Refugee Law ◽  
Civil And Political Rights ◽  
The Right ◽  
Accountability Gap

AbstractFraming largescale migrant drownings as violations of international law has so far not been a straightforward task. The failures of doing so, both in scholarship and in activism, have often revealed important limitations of international law, and a form of rightlessness that is hard-wired in it. Through an assessment of arguments about drowning, framed in the vocabularies of the right to life, refugee law, the law of the sea, and international criminal law, difficulties surrounding the notion of jurisdiction persist: The maritime space has often functioned as a kind of “legal black hole.” Considering such difficulties, this Article suggests that shifting the focus from migrant rights to the civil and political rights of volunteers coming to the rescue, may help in closing the accountability gap. It thus seeks to articulate and conceptualize a form of maritime civil disobedience among rescue volunteers, which may provide the link for eliminating migrant rightlessness at sea.

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