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.

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.

scholarly journals Press freedom, social media and the citizen

2013 ◽  
Vol 19 (2) ◽  
pp. 215 ◽  
Author(s):  
Mark Pearson
Keyword(s):  
Freedom Of Expression ◽  
Printing Press ◽  
Press Freedom ◽  
Truth Telling ◽  
Codes Of Practice ◽  
Media System ◽  
The World ◽  
20Th Anniversary ◽  
African Media ◽  
The Right

On 3 May, 2013, AUT University’s Pacific Media Centre marked the 20th anniversary of the UNESCO World Press Freedom Day with the inaugural event in New Zealand. The event was initiated by UNESCO’s Programme for Freedom of Expression, Democracy and Peace with the first seminar on ‘Promoting an Independent and Pluralistic African Media’ in Windhoek, Namibia, on 3 May, 1993. The journalists participating in that event drew up the Windhoek Declaration which highlighted that press freedom should be understood as a media system that is free, pluralistic and independent. They insisted that that this dispensation was essential for democracy and development. The Declaration became a landmark document in the fight for press freedom around the world. This address argues that new ethical codes of practice are now needed that are inclusive of serious bloggers and citizen journalists. The author of this address states: ‘The printing press spawned free expression’s offspring—the right of “press freedom”—as pamphleteers fought censorship by governments in the ensuing centuries. Events are unfolding much more quickly now. It would be an historic irony and a monumental shame if press freedom met its demise through the sheer pace of irresponsible truth-seeking and truth-telling today’.

scholarly journals The Mass Media Freedom in a State of Emergency: Infodemic vs. COVID-19 Pandemic

SEEU Review ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 43-59
Author(s):  
Aneta Stojanovska-Stefanova ◽  
Hristina Runcheva Tasev
Keyword(s):  
Freedom Of Expression ◽  
Media Freedom ◽  
State Of Emergency ◽  
The Public ◽  
Descriptive Research ◽  
Media System ◽  
Speed Up ◽  
The Media ◽  
The Times ◽  
Effective Public Health

AbstractInformation, as well as freedom of expression and freedom of the media are essential for democratic society and fundamental characteristic of modern states. The year 2020 will be remembered as a year of pandemic caused from Covid-19 (coronavirus) and a year of response to unexpected challenge that the spread of the virus caused. In the times of pandemic and any type of crisis, the media always plays a key role in informing the public all over the Globe. This paper aims to make theoretical descriptive research and analysis of the influence of coronavirus on news consumption, the role of media in communication and presentation of important developments during pandemic. The authors present an overview of the media system and the latest developments in the EU in preventing fake news related to the pandemic. We conclude that media plays key role in informing the citizens during pandemic and therefore they have increased responsibility in providing reliable information. At the same time, since the beginning of the Covid-19 pandemic, the media have been challenged with parallel outbreaks of disinformation and misinformation about the virus, ranging from fake coronavirus cures, false claims and harmful health advice to wild conspiracy theories. Disinformation can in turn speed up the spread of disease, hinder effective public health responses, as well as create confusion, fear and distrust. We highlight the fundamental function of creating awareness regarding the topic based on facts, and the need of media for preventing panic and fostering people's understanding by ‘checking the source and information twice’.

scholarly journals The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia

2019 ◽  
Vol 5 (1) ◽  
pp. 77
Author(s):  
Abdul Haris Nasution
Keyword(s):  
Media Coverage ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Final Decision ◽  
Moral Sanction ◽  
The Press ◽  
The Media ◽  
The Right Of Privacy ◽  
The Right ◽  
The Impact

This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.

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.

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.

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.

“The Enemy of the People”: Populists and Press Freedom

2019 ◽  
Vol 73 (2) ◽  
pp. 261-275 ◽  
Author(s):  
Paul D. Kenny
Keyword(s):  
Freedom Of Expression ◽  
Press Freedom ◽  
National Data ◽  
Political Leaders ◽  
Media Freedom ◽  
Party Leaders ◽  
Time Horizons ◽  
The People ◽  
The Media ◽  
Cross National

To what extent is populist rule associated with a decline in press freedom and freedom of expression? Populist rule refers to government headed by charismatic leaders who seek to gain and retain power by mobilizing mass constituencies that are typically free of other political attachments. Populism in this sense matters for two reasons: (1) controlling the media is a core objective of populists compared with other types of political leaders, who can rely on other organizational links to supporters; and (2) the interests of populist parties are virtually equivalent to the interests of party leaders, which means that populists face different time horizons and constraints on their behavior than the leaders of more deeply institutionalized parties. Using cross-national data on up to ninety-one countries from 1980 to 2014, this paper tests whether populist rule is associated with the erosion of press freedom and freedom of expression relative to other types of government and whether any effect is conditional on the ideology of the populist government in question. It finds that populist rule is associated with a decline in most measures of media freedom relative to programmatic party rule. However, this effect is lessened for right-leaning populist governments.

Challenges to Press Freedom in India

2021 ◽  
Author(s):  
Kalyani Chadha ◽  
Sachin Arya
Keyword(s):  
News Media ◽  
Physical Violence ◽  
Press Freedom ◽  
Current Affairs ◽  
Economic Forces ◽  
The Press ◽  
The Media ◽  
Government Data ◽  
The Right ◽  
Annual World

Since the late 1990s, the news media landscape in India has experienced widespread and arguably transformative shifts that are manifest in the explosive growth of media outlets and consumption at both national and regional levels. As of 2021, the country has over 100,000 registered periodicals and newspapers, with 17,000 dailies that report a combined circulation of over 240 million copies according to government data, as well as an estimated 400 news and current affairs channels and numerous news-related websites. Yet despite the existence of a seemingly dynamic and expansive news landscape, many observers have expressed significant concerns about the independence of the Fourth Estate in the world’s largest democracy. According to the annual World Press Freedom Index, compiled by the media watchdog group Reporters without Borders, India has experienced a steady decline in press freedom since 2015, slipping from a position of 135/180 in 2015 to 140/180 in 2019, and 142 in the 2020 report. At present, India ranks behind most of its neighbors, including Afghanistan (122), Bhutan (67), Nepal (112), and Sri Lanka (127). Thus, even though the writers of India’s constitution clearly recognized the right to the freedom of the press as an essential part of the freedom of speech and expression as guaranteed in Article 19(1)(a) of the Constitution, and this right has generally been upheld in court, the space for the free expression of views and critique by the press—widely recognized as crucial to democratic functioning—has been shrinking consistently in the Indian context due to a variety of threats ranging from physical violence and intimidation of journalists, and government pressure on news outlets to structural economic forces.

scholarly journals Freedom of the Media in Sri Lanka: A Study

2019 ◽  
Vol 8 (1) ◽  
pp. 20-24
Author(s):  
S. Sribreindranis ◽  
P. Govinduraju
Keyword(s):  
Sri Lanka ◽  
Attorney General ◽  
Legal Rights ◽  
Sri Lankan ◽  
Media Freedom ◽  
Wide Range ◽  
The Press ◽  
The Media ◽  
The Subject ◽  
The Right

Media freedom has never been consistent in Sri Lanka. Different regimes used legal and constitutional means to control the media from public debates and criticisms. The Constitution of Sri Lanka does not specifically mention the freedom of the media. Freedom of the Media is implied from the Article 14(1) (a) of the Constitution. However this right is subject to restrictions under sub-clause, whereby this freedom can be restricted for reasons of sovereignty and integrity of Sri Lanka, the security of the Country, Parliamentary privileges, public order, Emergency Regulations, relation to contempt of court, defamation, or incitement to an offense and Official Secrets Acts. As per the Press Council, the freedom of the journalist is an ordinary part of the freedom of the subjects and to whatever length, the subject in general may go, so also may the journalist, but apart from statute this privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as and no wider than that of any other subject. The Preamble of the Sri Lankan Constitution ensures to all its citizens the liberty of expression. Freedom of the media has been included as part of freedom of speech and expression under the Article 14 of the UDHR. The heart of the Article14 says that everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In view of the above, Right of Information Act 2016 is a milestone in the guest for building an informed and prosperous society .As this overview of Sri Lankan media Laws show, their social media enjoy a wide range of legal rights. This study focuses on Judgments of the cases on Joseph Perera v Attorney General, Visuvalingam v Liyanage and Fernando v Sri Lanka Broadcasting Corporation were delivered under the 1972 Republican Constitution, they continued to remain valid precedents even under the Current Constitution of 1978. It was an Important and far – reaching Judgment. This paper is a critical analysis of the Sri Lankan concept of Freedom of the media and how it is related to the concept of expression in Constitution of Sri Lanka. The judicial view in this context has also been studied.

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