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.

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.

Sóng Thần’s Campaign for Press Freedom

2020 ◽  
pp. 139-154
Author(s):  
Trùng Dương
Keyword(s):  
Freedom Of Expression ◽  
Primary Source ◽  
Press Freedom ◽  
Personal Account ◽  
Daily Newspaper ◽  
Future Studies ◽  
The Public ◽  
The Press ◽  
The Media ◽  
The Republic

This chapter examines the events leading to the protests of the press community, culminating in the trial of the daily newspaper, Sóng Thền. It aims to provide a primary source for future studies of the Republic of Vietnam, with a focus on the press. Secondly, the chapter attempts to show that despite governmental efforts in controlling the media, South Vietnamese journalists did not just submit but fought back, without communist influences as many people believed, to defend freedom of expression recognized by the 1967 constitution. They did their job as journalists to inform the public of state affairs and the progress of the war against communism. This is thus a personal account of the trial of Sóng Thền.

scholarly journals Freedom of the Press

Communication ◽  
2011 ◽  
Author(s):  
Dwight Teeter
Keyword(s):  
United States ◽  
First Amendment ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
The United States ◽  
Electronic Media ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Free Exercise ◽  
The Press

Freedom of the press refers to the freedom to criticize government without suffering official interference or punishment, before or after publication. “Freedom of the press,” “freedom of speech,” and “freedom of expression” are terms often used together in the United States, with “the press” primarily connoting print and electronic media. This bibliography concentrates on freedom of the press as defined by some major American and English writers and in decisions of the Supreme Court of the United States. Because of the advent of electronic media and of the internet and of other “new media” or “social media” during the 20th and early 21st centuries, the term “freedom of the press” is used to cover mediated communication in general. The clearest indicator of press freedom is that opponents of government or of government leaders, laws, or policies can publish effective criticisms without suffering government retaliation in the form of fines, imprisonment, or even death. That definition does not include communications that may break laws of general applicability, such as the law of fraud, nor violation of a contract. It also does not cover extralegal controls such a communicator’s sense of the community’s range of permissible expression, or public pressures (including mob action) against the press in times of crisis. The legal definition of “freedom of the press” in the United States begins with the forty-five words of the First Amendment to the Constitution, adopted 15 December 1791: “Congress shall make no law respecting an establishment of religion, or the free exercise thereof, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The absolute words of prohibition against congressional statutes tampering with speech or press freedom were, however, overridden early in the nation’s history by Congress in 1798, just seven years after the adoption of the First Amendment. Congress then passed the Alien and Sedition Acts of 1798, which, among other things, made it a crime to criticize the federal government or government leaders. These short-lived enactments, which fueled bitter partisan controversy in the new nation, are discussed in the Historical Context section. Freedom of the press is not static: it rises in times of peace and diminishes in times of war or national crisis, when most needed by society.

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.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

Press Freedom and Investor–State Dispute Settlement: Past, Present and Future

2020 ◽  
Vol 11 (1) ◽  
pp. 127-149
Author(s):  
Aphiwan Natasha King
Keyword(s):  
Dispute Settlement ◽  
Due Process ◽  
Good Governance ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
International Human Rights Law ◽  
Investment Treaty ◽  
The Individual ◽  
The Right ◽  
Equitable Treatment

Abstract This article argues in favour of the use of Investor–State Dispute Settlement (ISDS) as a mechanism for enforcing global freedom of the press. Commentators have increasingly recognized the potential of investor–State arbitration as a method for promoting good governance by host States. Given the shared preoccupation of international human rights law and ISDS with the protection of the individual against State action, it is unsurprising that the right to property, due process, and non-discrimination each has its analogue in investment treaty standards. This article summarizes disputes in which news and media organizations, as commercial actors, have successfully sought provisional measures and awards to address State controls on freedom of expression, through common investment protections such as Fair and Equitable Treatment (FET). Through this, the article highlights both the substantive and procedural advantages of this mode of dispute settlement, as well as the risks inherent in initiating arbitration against a State.

Freedom of the press and perceptions about government corruption

2019 ◽  
Vol 41 (4) ◽  
pp. 554-566 ◽  
Author(s):  
Patrick Flavin ◽  
Fielding Montgomery
Keyword(s):  
Political Corruption ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Free Press ◽  
Present Evidence ◽  
Government Corruption ◽  
The Press ◽  
The Media ◽  
Using Data ◽  
The Relationship

The media can play an important role in the relationship between citizens and their government by acting as a watchdog and providing timely information about malfeasance and corruption. We examine whether citizens’ perceptions of government corruption are closer to country experts’ assessments in countries where there are higher levels of press freedom. Using data on citizens’ perceptions of government corruption and country expert evaluations of levels of political corruption for over 100 countries, we present evidence that the relationship between expert measures of corruption and citizens’ perceptions is heightened as the level of press freedom increases across our sample. These findings suggest that a free press can play an important role in bringing corruption to light, educating citizens, and potentially allowing them to better hold their elected officials accountable.

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.

Sign in / Sign up

Export Citation Format

Share Document