Media Regulation and Freedom of Expression in Black Africa

2019 ◽  
pp. 228-249
Author(s):  
Floribert Patrick C. Endong

Since the 1990s, Black African states have been subjected to endogenous and exogenous political pressures which have compelled them to variously adopt a number of pro-democracy reforms. Though lauded in a number of quarters, these sweeping political reforms have merely been on paper. This is so as, cardinal democracy indexes such as freedom of expression, press freedom, freedom of thought and political pluralism among others, have remained more a myth than a reality in these countries. Using a comparative analysis of the political situation in Cameroon and Nigeria, this chapter argues that press freedom and liberal democracy are still mere ideals, not yet backed by evidential political will in both countries. The same multifaceted abuses of the press still prevail in the two states. This chapter however, underscores the vibrancy and political maturity of the Nigerian press which differentiate it from its counterparts in other African countries, notably in Cameroon.

Author(s):  
Floribert Patrick C. Endong

Since the 1990s, Black African states have been subjected to endogenous and exogenous political pressures which have compelled them to variously adopt a number of pro-democracy reforms. Though lauded in a number of quarters, these sweeping political reforms have merely been on paper. This is so as, cardinal democracy indexes such as freedom of expression, press freedom, freedom of thought and political pluralism among others, have remained more a myth than a reality in these countries. Using a comparative analysis of the political situation in Cameroon and Nigeria, this chapter argues that press freedom and liberal democracy are still mere ideals, not yet backed by evidential political will in both countries. The same multifaceted abuses of the press still prevail in the two states. This chapter however, underscores the vibrancy and political maturity of the Nigerian press which differentiate it from its counterparts in other African countries, notably in Cameroon.


Author(s):  
Jens Elo Rytter

QUAL LIBERDADE DE IMPRENSA? A IMPRENSA CONCEBIDA COMO UM “FÓRUM ABERTO” OU COMO UM “CÃO DE GUARDA PRIVILEGIADO” WHICH FREEDOM OF THE PRESS? THE PRESS CONCEIVED AS AN 'OPEN FORUM' OR A 'PRIVILEGED WATCHDOG'  RESUMO: O artigo examina o significado histórico e contemporâneo de “liberdade de imprensa” no direito constitucional e nos direitos humanos. Existem duas concepções diferentes, a concepção restrita define a liberdade de imprensa como a liberdade de cada um para publicar sem censura prévia, a concepção mais ampla define-a como uma liberdade privilegiada da imprensa organizada para reunir e informar sobre informações de interesse público. Essas duas concepções têm respostas muito diferentes para a questão de saber se a imprensa deve desfrutar de algum privilégio de isenção da legislação ordinária, quando tal legislação restringe o limite da imprensa para informar o público a respeito de questões de interesse público. PALAVRAS-CHAVE: Liberdade de imprensa; Liberdade de expressão; Regulação da mídia; Privilégios da imprensa. ABSTRACT: The article surveys the historical and current meaning of "Freedom of the Press" in constitutional and human rights law. Two different conceptions exist, the narrow one defining freedom of the press as the freedom of every one to publish without prior restraint, the broader one defining it as a privileged freedom of the organised press to gather and report on information of public interest. These two conceptions have very different answers to the question of whether the press should enjoy some privilege to be exempt from ordinary legislation when such legislation restricts the access of the press to inform the public on matters of public interest. KEYWORDS: Freedom of the press; Freedom of expression; Media regulation; Press Privileges.


1994 ◽  
Vol 71 (3) ◽  
pp. 637-651 ◽  
Author(s):  
Kuldip R. Rampal

The political reforms set into motion after the lifting of the thirty-eight-year-long martial law in 1987 in Taiwan have breathed a new life into the island's press. This article explores the factors contributing to the emergence of political pluralism and the status of press freedom in Taiwan. Based on field research, the article notes that Confucian humanism, socioeconomic progress, and communication revolution have facilitated the democratization process and, therefore, freedom of the press. As a result, Taiwan now has a vibrant press, but further improvements are needed in press law and media ownership patterns to secure a stronger framework for press freedom.


1978 ◽  
Vol 16 (4) ◽  
pp. 695-700
Author(s):  
Miléna Charles

The Soviet Union is not able to replace western economic investments even in those African countries which become its affies. Therefore its influence is limited to the political sphere, mainly to inter-party relations. By playing a crucial rôle in Southern Africa and Ethiopia, the Soviet Union has accomplished an important step in its global strategy.


2020 ◽  
Vol 2 (XX) ◽  
pp. 19-44
Author(s):  
Michał Kaczmarczyk

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.


Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96


2017 ◽  
Vol 22 ◽  
pp. 92-107
Author(s):  
Jacek Ziółkowski

Enemy in political narrations of manichaean antagonismThe text is an attempt to draw the reader attention to the importance of mechanisms and potential effects of political narrations of Manichaean antagonism. The author assesses that these type of narrations, par­ticularly when they grow to the status of the official political propaganda, constitute the significant threat to liberal democracy. An axiological antagonism is determining the creation of a state of political war, makes impossible the dialogue and the cooperation between political groups. The rival is taken as the enemy, and political arche is an aspiration to destroy him. Such a scheme is a great challenge for the political pluralism. Antagonistic narrations, especially marked with Gnostic and Manichaean elements most often apply ma­nipulative reductions in complex reality, relying on such public instructions as: low political competence, mistrust, authoritarian and paranoid tendencies.


2020 ◽  
pp. 245-271 ◽  
Author(s):  
Maria Ochwat

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.


2021 ◽  
Vol 4 (2) ◽  
pp. p20
Author(s):  
Chinedu C. Odoemelam ◽  
Uche V. Ebeze ◽  
Okorom E. Morgan ◽  
Daniel N. Okwudiogor

This study is situated within the normative theoretical framework, which focuses on the press in nations where the press is expected to assume the coloration of the political milieu within which it finds itself. The British colonial masters discovered the power of the press in the early 16th century and devised numerous schemes to restrict publication. Such policies were extended to her majesty’s colonies; for instance, the law of sedition in Nigeria. Freedom of the press is a right but it is a right that has been won only through many hard-fought legal battles like the one fought by John Peter Zenger in the seditious trial of 1735. There were several such trials for sedition in the colonies, and despite the acquittal of John Peter Zenger, the British colonial government went ahead to adopt such laws in her colonial territories. This was exemplified in the seditious offence ordinance that was in force in 1909 in Southern Nigeria. This study adopts the historical, legal research and critical paradigm technique to examine how the law of sedition has fared in inhibiting press freedom in Nigeria since 1914. The study provides an understanding of how colonial influence may affect laws regulating how the media function in independent States.


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