scholarly journals TV Ombudsman: an argument against Pandora’s Box

Comunicar ◽  
2005 ◽  
Vol 13 (25) ◽  
Author(s):  
María-Magdalena da-Costa-Oliveira
Keyword(s):  
Human Rights ◽  
Mass Media ◽  
Public Space ◽  
The Public ◽  
The Press ◽  
Right Of Privacy ◽  
The Government ◽  
The Right Of Privacy ◽  
The One ◽  
The Right

To transform an individual pain into a collective feeling of suffering is a capacity of all mass media. However, television has, in this point, a tremendous power. The capacity to join millions of TV viewers in front of itself is its most admirable merit, but it’s also its most dreadful danger. Principally when the point are the human rights, as the right of privacy or the right of not suffer in the public space, the demand of quality appears not only as an obligation of the Government but also as a duty of citizenship of all TV viewers. Although it is not properly a novelty in some European countries, the existence of a TV Ombudsman2 will be a reality in Portugal only this year. The Government has approved a legal diploma to create this figure, which will evaluate the programming and information of the public channel RTP. As the ombudsmen of press that we already know, the TV Ombudsman will be the person who receives the critics and observations of TV viewers, evaluates them and writes about them an impression to the administration of the channel. Being a self-regulatory proceeding, the TV Ombudsman is fundamentally a mechanism that implicates citizens. It is not only an entity of vigilance on ethics of Television. It is essentially a platform of dialogue between journalists, programmers and TV viewers. As in the press, the Ombudsman is a mediator. Although it is probably not an absolute guarantee of quality, TV Ombudsman is surely an argument of citizens against the bad things diffused by the box that we believe is the one by which the most important of our lives goes trough. Transformar uma dor individual num sentimento colectivo de sofrimento é uma capacidade de todos os meios de massa. Todavia, a televisão tem a este título um poder tremendamente grande. A capacidade de reunir milhões de telespectadores à sua frente é o seu mais admirável mérito, mas também o seu mais temível perigo. Sobretudo quando estão em causa direitos humanos, como o direito à privacidade ou a não sofrer no espaço público, a procura de qualidade surge não somente como uma obrigação do governo como também como um dever de cidadania de todos os espectadores. Não sendo propriamente novidade em alguns países europeus, a existência do Provedor do Telespectador1 só será uma realidade em Portugal este ano. O governo aprovou um diploma para a criação desta figura que deverá avaliar a programação e a informação do canal público RTP. Como os provedores dos leitores que conhecemos, também o Provedor do Telespectador será a pessoa que receberá as críticas e as observações dos telespectadores, as avaliará e emitirá sobre elas um parecer para a administração do canal. Sendo um procedimento de auto-regulação, o Provedor do Telespectador é fundamentalmente uma entidade de vigilância da ética da televisão. Essencialmente é uma plataforma de diálogo entre jornalistas, programadores e telespectadores. Tal como na imprensa, o Provedor é um mediador. Ainda que não seja provavelmente uma garantia absoluta de qualidade, o Provedor do Telespectador é seguramente um argumento dos cidadãos contra os males difundidos pela caixa que se crê ser aquela por onde passa o mais importante das nossas vidas.

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

scholarly journals KINERJA LEMBAGA PERWAKILAN RAKYAT DAERAH (Studi Deskriptif Kualitatif Di DPRD Kota Bengkulu)

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Harius Eko saputra
Keyword(s):  
Mass Media ◽  
Public Service ◽  
Public Services ◽  
Research Seminar ◽  
Factors Affecting ◽  
The Public ◽  
Current Implementation ◽  
The One ◽  
The Right

Almost every day, in various mass media, especially in newspapers, it is found that there are so many complaints and unsatisfactory opinions from the community, as the customer, towards the current implementation of public service. These complaints and unsatisfactory opinions can describe how bad the quality of the current public service is, which is benefited by the community. It may be the right time for the community to be treated as citizens, who will have rights and give priority to their rights for being served afterwards. They are not anymore being considered as clients who previously have no any choice in choosing and in determining what kind of service that they really want to. There are so many results from research, seminar and writings that are conducted by experts in which their works talk about the implementation of a good and qualified public service. Currently, however, the qualified public service has not yet implemented as should have been. The implementation of public service still acts as however it please to be and only emphasize on its own interest without considering the consumer’s importance as the party that should really be served as well as possible. For this reason, a research, which is done in Service Integrated Unit of the Jember Regency, tries to find out any factors affecting quality of the public services. The main core of the public service implementation is the quality of norm of the service executor. The matter that should be realized is that the executor is the person who should serve for the community, and the community is the one who should be served as well as possible.Keywords: Implementation of public service, legislatif

14. Privacy

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Right Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Right Of Privacy ◽  
The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

scholarly journals Civil Sector of State Governance: New Forms of Self-Organization and the Community’s Participation in the Context of Digitization of the Public Space

2021 ◽  
pp. 67-75
Author(s):  
Aleksandr Solov'ev ◽  
Galina Pushkareva
Keyword(s):  
Public Administration ◽  
Public Space ◽  
The State ◽  
Self Organization ◽  
The Public ◽  
State Management ◽  
State Governance ◽  
The Government ◽  
The One ◽  
Civil Sector

As digital technologies develop, a new form of relations between the state and the public is developing as well. Additional opportunities for the expression of public interests and the establishment of values preferred by the society arise, new mechanisms of political mobilization develop, new forms of public organization and self-organization emerge, the social media gain more power, and local and general public narrative develop on a number of online platforms. With the digitization of the public space, the state is forced to change its communication strategies and improve the dialogue between the government and the society based on deliberative democracy principles. After analysing the architecture of public communication emerging in new conditions the paper concludes that Russia is making certain efforts to adapt for the new digitized reality. However, current state priorities are shifting towards e-government and the digital economy. On the one hand, it seems justified, as it allows to bring the public services to a completely new level, reduce corruption risks, and simplify state management of economic processes. On the other hand, the lack of due attention to the issues of openness of public administration and involvement of citizens in making public decisions results in accumulation of contradictions in the public area of public administration, as well as increasing mutual misunderstanding and distrust between the state bodies and the civil society, which may entail bursts of social discontent and protests.

scholarly journals Journalist of Print Mass Media in Medan Study: Journalism, Print Media of Newspaper Journalistic and Organizational Structure of Print Media

2019 ◽  
Vol 1 (2) ◽  
pp. 85-92
Author(s):  
M. Yoserizal Saragih
Keyword(s):  
Mass Media ◽  
Organizational Structure ◽  
Public Space ◽  
Print Media ◽  
Entertainment Education ◽  
Communication Tools ◽  
The Public ◽  
Complete Problem ◽  
Work Area ◽  
The Press

The aim of this study is to determine the journalist of print mass media in Medan. This study is about journalism, print media of newspaper journalistic and organizational structure of print media. The work area of ​​journalists in Medan is public space, an area that is worthy of being known by the public or the public. Therefore, journalists are required to have the ability to reveal and inform a complete problem by upholding the values ​​of truth and justice and must be able to make themselves half diplomats, half detectives. This means that journalists must have skilled diplomacy skills, even though the way they work is similar to detectives. Mass media journalism is a tool used to convey messages from sources to the public using mechanical communication tools, such as newspapers, radio, television, films and so on. And in this case the mass media being referred to is print mass media. That newspapers are sheets published by the press which contain news, essays, writings, advertisements, and other journalistic products that are printed periodically, circulated, and sold in general, which function as social control tools that provide information both entertainment education and another thing for the community.

scholarly journals Confidential Information and the Right to Freedom of Speech

2021 ◽  
Vol 10 ◽  
pp. 648-651
Author(s):  
Svitlana Bevz ◽  
Keyword(s):  
Human Rights ◽  
Mass Media ◽  
Public Interest ◽  
Criminal Liability ◽  
Freedom Of Speech ◽  
Confidential Information ◽  
Public Authorities ◽  
The Public ◽  
The Mass Media ◽  
The Right

The article is devoted to the problem of ensuring balance in the realization of two fundamental human rights and freedoms in a democratic society – the right to freedom of speech and privacy. It has been concluded that the rights to freedom of speech and privacy are recognized as fundamental human rights that do not conflict with each other but are intangible, inherent in every person. The right to freedom of journalism is a continuation of the right to freedom of speech and information and consists in the collection, storage, and dissemination of socially important information through the mass media. The usage of the rights in question, including in the mass media actions, may not be grounds for restricting or violating the right of everyone to privacy, the confidentiality of correspondence, correspondence, telephone conversations, and entails criminal liability in cases provided by law. In the public interest, the law provides grounds for exempting a journalist from criminal liability for disclosing confidential information, in particular in the case of disclosure of information of public interest or has already been published in other media, or concerns officials of public authorities.

Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest

2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
Best Interests ◽  
European Convention ◽  
The Public ◽  
European Court ◽  
Two Factors ◽  
The One ◽  
The Right

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.

Speech Entitlements

2020 ◽  
pp. 165-203
Author(s):  
Stavroula Karapapa
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Original Work ◽  
Freedom Of Speech ◽  
The Public ◽  
Legal Nature ◽  
The Press ◽  
Current Events ◽  
Exceptions And Limitations ◽  
The Right

A number of copyright exceptions and limitations aim to promote the production of new copyright works and new authorship, and the protection of the public interest in gaining access to information and knowledge embodied in copyright-protected works. Most of these exceptions are premised on a fundamental human rights justification, such as freedom of speech or freedom of the press, or the right to access protected works without discrimination on grounds of disability. These include, for instance, reproduction by the press for the reporting of current events, quotations for criticism or review, and uses for the purpose of caricature, parody, or pastiche. They also include exceptions and limitations available to persons who are blind, visually impaired, or otherwise print-disabled. Although these exceptions and limitations are express manifestations of fundamental human rights, their scope remains relatively narrow and their legal nature and status against contractual overridability is not settled. Indeed, the permissibility of the relevant activities is subject to a number of internal limitations that may not work well in light of modern uses of materials in the online context. These include purpose limitations, such as the requirement that some uses ought to be non-commercial, scope limits (e.g. the doctrinal requirement that parodies have to be an expression of humour and mockery to be lawful), or restrictive principles that are inherent within copyright, like attribution to the source of the original work.

6. Moral rights

2019 ◽  
pp. 131-148
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Moral Rights ◽  
Right Of Privacy ◽  
Artistic Work ◽  
The Right Of Privacy ◽  
The Right

This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.

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