scholarly journals Ustavotvorstvo pre 100 godina: štampa prema Vidovdanskom ustavu

2021 ◽  
Vol 69 (2) ◽  
pp. 341-361
Author(s):  
Marko Pavlović

In the article, published on the occasion of the 100th anniversary of the enactment of the St. Vitus Day Constitution, the author deals with one of the key institutes of this document – freedom of the press. Based on discussions in the Constitutional Committee and the plenum of the Constituent Assembly, he concludes that the provisions of the St. Vitus Day Constitution on the press were created by the autocratization of certain provisions of the Constitution of Serbia of 1903. The article especially analyzes the restrictions of the press introduced by the transitional orders of the St. Vitus Day Constitution, through circumventing censorship and incrimination of “religious or tribal discord or hatred against the state”.

2019 ◽  
pp. 108-137
Author(s):  
O. I. Kiyanskaya ◽  
D. M. Feldman

The analysis is focused on the pragmatics of V. Lenin’s articles ‘Party Organization and Party Literature’ [‘Partiynaya organizatsia i partiynaya literatura’] (1905) and ‘How to Ensure Success of the Constituent Assembly (on freedom of the press)’ [‘Kak obespechit uspekh Uchreditelnogo sobraniya (o svobode pechati)’] (1917). Foreign and Russian scholars alike considered the two works as components of the concept of Socialist state literature and journalism, conceived before the Soviet era. Based on examination of the political context, this work proves that Lenin was driven to write the articles by his fight for leadership in RSDRP. In 1905, Lenin obtained control over Novaya Zhizn, the newspaper under M. Gorky’s editorship, and insisted that opponents had to follow his censorship guidelines: the press had to become a propaganda tool rather than a source of income. Twelve years on, Lenin’s principles still reigned. 


Author(s):  
Dobrochna Ossowska-Salamonowicz

Freedom of the press is one of the best ways of reflecting and shaping public opinion about the ideas and attitudes of political leaders, public figures or those entrusted with public functions. Freedom of the press is also an opportunity to depict reprehensible phenomena such as corruption, fraud, crime or nepotism. The press may be faced with types of subjects that may cause dilemmas for the journalist. Whose interest should above all be represented: the interest of the society or the state? What is more important: the right to privacy or the right of access to information?


Author(s):  
José Manuel Teixeira da Silva ◽  

Freedom of the press is one of the most visible comerstones of a Democratic State, as well as a consensual requisite for it. Nevertheless, for Max Stirner, this gesture of demanding so cherished by political liberalism is the very negation of freedom. Freedom is neither a gift nor a concession or permission granted by the State. Freedom of the press only becomes accessible through conquest and appropriation, becoming the individual ownership as it is claimed by him. Nowadays, everyone in the developed world has at his disposal the force and means to become the owner of the freedom of the press, as Max Stimer stated. More than two centuries after Stimer’s claim, Publishing in the interactive web meets the conditions established by him for a full exercise of the freedom of press.


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


2021 ◽  
Vol 14 ◽  
pp. 241-261
Author(s):  
Elīna Grigore-Bāra ◽  

The article is dedicated to the analysis of one element of the constitutional identity of the Latvian State – freedom of speech – during the initial democratic period in the State’s existence. The author analyses the rules on the protection of honour and supervision of the press as limits to freedom of speech. It is concluded in the article that the boundaries between one person’s freedom of speech and another person’s honour in the Republic of Latvia changed little compared to the previous period in the history of law and that honour as a legal benefit was prized more highly. The framework of freedom of the press, in turn, was constantly expanded. However, the creation of the lists of prohibited books and third-rate and obscene literature proves that the State did not rely on individuals exercising freedom of speech properly. Paternalistic treatment of its citizens was not unknown to the new democratic republic.


1986 ◽  
Vol 7 (4) ◽  
pp. 63-69 ◽  
Author(s):  
Bruce Garrison ◽  
Julio E. Munoz

The authors present an overview of the state of freedom of the press in Latin America and the Caribbean, together with recent incedents of problems for journalists. A country-by-country synopsis is offered with some recommendations for easing the tensions between governments and the press.


Author(s):  
Antonio Francisco Velasco Sanz

El ordenamiento jurídico israelí garantiza el derecho a la libertad de expresión y de información, pero con unos límites que, en algunos casos, pueden considerarse de excesivos. Esto sucede sobre todo en procesos judiciales relacionados con la seguridad del Estado, donde incluso rige la «censura militar». En el presenta trabajo se analiza este problema, así como la labor de los periodistas en relación con los procesos judiciales. A pesar de que ha habido cierta evolución, los límites a la libertad de prensa son muchos, aunque en el entorno geográfico del Estado de Israel, se trata del país que más libertad permite en este ámbito.The israeli legal system guarantees the freedom of expression and information, but with limits that, in some cases, may be considered excessive. This happens especially in judicial proceedings related to the security of the State, where even governs the «military censorship». The present paper analyzes this problem, as well as the work of journalists regarding the judicial proceedings. While there has been some evolution, the limits to the freedom of the press are many, but in the geographical environment of the State of Israel, it is the country that allows more freedom in this area.


Author(s):  
Carlos Müller

A Lei nº 9.831, de 13 de setembro de 1999, que altera o Dia da Imprensa de 10 de setembro para 1º de julho, suscita o debate quanto à data de instalação da imprensa no Brasil. Em março de 1817, eclodiu a Revolução Pernambucana que, embora derrotada, contribuiu com três inovações no que se refere à história jurídica e da imprensa nacionais: apresentou um projeto de Constituição contendo um artigo que garantia a liberdade de imprensa, usou a imprensa para difundir suas propostas e pretendia mudar o mundo por meio da palavra escrita. Desde a primeira Constituinte, o reconhecimento da liberdade de imprensa e seu exercício tiveram convivência conflitiva. Paralelamente às oito Constituições outorgadas ou promulgadas desde a Independência, o Brasil teve nove "Leis de Imprensa". Tramitam no Congresso Nacional várias propostas de Lei Imprensa Democrática, desde 1991, e, não obstante os debates e a farta documentação gerados, as circunstâncias da origem de tais projetos e a demora na tramitação do texto original permanecem obscuros. Palavras-chave: imprensa; abordagem histórica. Abstract The Law n. 9831, of 13th September, 1999, which alters the Day of the Press from the 10th of September to the 1st of July, raises the debate regarding the date of the installation of the press in Brazil. In March, 1817, the Revolution in the State of Pernambuco burst and although it was defeated, one presented a project of Constitution containing an article that guaranteed the freedom of the press, one used the press to spread its propositions and one intended to change the world by means of the written word. Since the first Constitution, the recognition of the freedom of the press and its exercise had conflicting interests. Parallel to the eight Constitutions sanctioned or promulgated since the Independence, Brazil had nine "Laws of the Press". Many propositions of the Democratic Press Law are being carried out in the National Congress, since 1991, and, in spite of the debates and the various documents generated, the circumstances of the origin of such projects and the delay in the procedural steps of the original text remain obscure. Keywords: press; historical approach.


2021 ◽  
Vol 1 (2) ◽  
pp. 93-111
Author(s):  
Salahuddin Malik

Mid-nineteenth century Muslim historical literature, particularly onthe mutiny-rebellion of 1857, presents an interesting contrast, and offersa fascinating study of the state of Muslim mind before and after 1857.This clearly comes out in the writings of Sir Sayyid Ahmad Khan(Risalah Asbab-i Baghawat-i Hind,‘ Tarikh Sarkashi Dil ’a Bijnawr,Hunter par Hunter,  Loyal Mohammedans of India,), FatehMuhammad Ta’ib (Tarikh-i Ahmadi), Asad Ullah Khan Ghalib(Dastabu in Kulliyat-i Nathr-i Ghalib), Mawlana Altaf Hussain Hali(Hayati-i Jawid), Sayyid Zahiruddin Zahir Dihlawi (Dastan-i Ghadr),Faqir Muhammad (Jam’ al-Tawarikh), Allamah Fadl-i Haq (BughiHindwtan), Mu’inuddin Hassan Khan (“Narrative of Mainodin” inCharles T. Metcalfe’s Two Native Narratives of the Mutiny in Delhi).”Curiously, all of the above writers presented different interpretationsof the revolt of 1857. Indeed this had to be the case. During the revoltIndia lost freedom of the press; known different interpretations of the“mutiny” by natives were tantamout to treason and were visited bycondign punishments. This was particularly true of the Muslims. ManyMuslim newspapers were suppressed and their editors jailed. After the“special” treatment which the Muslims received upon the fall of Delhi,the followers of Islam could not be sure of their destiny in South Asia inthe post mutiny-rebellion period. It was so because the British assignedthe primary responsibility for the revolt to Indian Muslims and rightlyso. The reality of the excessively harsh British treatment of IndianMuslims is beginning to dawn upon the present-day British historians aswell. Professor Peter Hardy in his very recent book, The Muslims ofBritish India, observes: ...


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