Justizielle Medienarbeit im Strafverfahren

2019 ◽  

In terms of media relations, judicial authorities are caught in a complex area of activity between the freedom of the press and free media coverage on the one hand and upholding the fundamental rights of the accused and third parties on the other. A further particular and multifaceted constitutional significance can in turn be ascribed to the press, radio, television and the new forms of the media, which derives not only from the fundamental right of the freedom of the press and that of media coverage, as stipulated by Art. 5 I 2 of Germany’s Basic Law, but also from the principle of democracy laid down in Art. 20 I of the same law. The regulatory proposal offered in this study represents a model which is both in keeping with the interests of those involved and practicable, and which in this difficult constitutional context will allow judicial authorities to make an appropriate decision with regard to providing the media and the public with information about ongoing criminal proceedings. With contributions by Prof. Dr. Robert Esser, RA Hanns W. Feigen, RA Prof. Dr. Björn Gercke, PräsLKA a.D. Wolfgang Hertinger, Prof. Dr. Gerrit Hornung, Dr. Horst Hund, Prof. Dr. Albert Ingold, Prof. Dr. Dieter Kugelmann, RiAG Dr. Markus Mavany, Min Herbert Mertin, Steffen Rittig, Prof. Dr. Josef Ruthig, Prof. Dr. Mark A. Zöller.

Author(s):  
Hamdani M. Syam ◽  
Nur Anisah ◽  
Rahmat Saleh ◽  
Abdul Rani Usman ◽  
Dini Khairani

In addition to having the freedom to spread news to the public, the press also have the freedom to search and process news. In exercising that freedom, journalists always consider that news must be interesting so that people want to read it. The media coverage of sex, including stories on rape, sexual harassment, adultery, cheating, and sordid topics, is a news value that has a high rating for people. Sometimes in the economic interests of the media, journalists violate the norms and ethics of the news. This study is aimed to examine through content analysis the coverage of sex in the Harian Rakyat Aceh newspaper, which from January to April 26 featured 54 articles related to sex. This study examined this coverage in the context of Indonesia’s implementation of the journalistic code of ethics. Indonesian journalists are prohibited from mixing facts and opinions and from reporting sadistic and obscene news. Using the Holsti formula, inter-coder reliability resulted in a CR of 0.99, showing strong reliability. After data collection, coding sheets were analyzed using SPSS software to determine the results of each category. This study found that the news value of the 54 articles in the Harian Rakyat Aceh newspaper is considered to have violated the journalistic code of ethics. Thus, it can be assumed that there is an economic interest in the media’s reporting of sex in that newspaper.


2013 ◽  
Vol 5 (1) ◽  
pp. 31
Author(s):  
Ruth Malau

<p><em>Countries that embrace the ideology of freedom of the press, the court is of opinion that is commonly encountered in public spaces. Media, in this case could be interpreted as a medium in favor of the public interest which requires the presence of a new color in Libyan politics for 42 years filled with pressure and persecution.</em></p><p><em>Revolutionary period which lasted for most of the year 2011, which then shows how the media have spread the legality of its influence over public opinion. The mass media in Indonesia does have the power to set the political agenda, because democracy gives him legal to do so.</em></p><p><em>However, court opinions that appeared in the Libyan revolution is not because the country embraced the ideology of freedom of the press, but because of the pull-menaraik between freedom of the press with dimensions embedded control during the reign of Gaddafi.</em></p>


2019 ◽  
Vol 5 (1) ◽  
pp. 77
Author(s):  
Abdul Haris Nasution

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.


2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Meryl Du Plessis

This contribution examines the balance to be struck between freedom of expression on the one hand, and dignity on the other.  It does so through the lens of narratives of South Africa’s past and present in Citizen 187 (Pty) Ltd v McBride and a consideration of how narratives shape our construction of reality.  It is argued that the newspaper narratives about Mr McBride’s planting and detonation of a bomb in 1986 contain various omissions and half-truths, which impacts adversely on the media’s contribution to post-apartheid South Africa.  In particular, such media coverage mimimises Black persons’ realities in the past and present, which is an infringement of their dignity.  However, the law of defamation, it is argued, is not suited optimally to address the shortcomings in macro narratives of South African history advanced by the media.  The use of the law of defamation for that purpose may have the effect of stifling, unduly, conversations that are integral to national reconciliation. Alternative mechanisms through which to hold newspapers accountable may include complaints addressed to the Press Council, consumer activism and the creation of a plurality of voices within media spaces, both in terms of media ownership and the promotion of ideological diversity.  Ngcobo CJ’s judgment is therefore preferred, as it protects the media’s freedom of expression, while also emphasising the importance of the dignity of those who become media subjects. 


2016 ◽  
Vol 35 (1) ◽  
pp. 201-233
Author(s):  
Barnet Hartston

In 1885 and 1886, two trials helped to precipitate a vigorous debate about when criminal proceedings should be closed to the public and when press reports on such cases should be restricted or banned altogether. First, the trial of the artist Gustav Graef for perjury and inappropriate relations with underage models featured sensationalized press reports that provoked a firestorm of public criticism. Soon afterward, press coverage of the trial of a Danish spy, Christian von Sarauw, revealed compromising details about German military planning and outraged government officials. The result was the proposal of a new law to limit public and press access to trials which posed a potential danger either to public decency or national security. Despite vigorous government efforts, this new legislation repeatedly stalled in the German Reichstag, in part because of concerns about protecting legal transparency and freedom of the press. The debates surrounding this law demonstrate the extent (and limits) to which liberal ideals such as legal transparency and freedom of the press had become embedded in Imperial German society and also the substantial power of the German Reichstag to obstruct the will of the government–even in making new laws deemed vital for national security.


Author(s):  
Tat'yana Ryabova ◽  
Lyudmila Kleschenko

The first part of the paper describes the theoretical aspects of the issues regarding the politicization of childhood. The authors demonstrate that the representation of childhood in political rhetoric, on the one hand, reflects the ideas about it existing in society, and on the other hand, is its significant forming factor. The second part provides the analysis of the symbol of childhood along with the media coverage of 2017—2019 protest movement in Russia. The third part provides for the study of public opinion on the participation of minors in politics and the use of the symbol of childhood by political actors, based on interviews conducted by the authors. The authors conclude that according to the public opinion there is a need for minors to participate in political life. At the same time, in the course of using the image of childhood by political actors, the majority of informants is aware of its manipulative nature.


2020 ◽  
Author(s):  
Jelena Brankovic

Rankings are widely regarded as particularly well-suited for capturing the public eye, which is considered a reason why they have become so ubiquitous. However, we know surprisingly little about how rankings direct media attention, as well as how media in turn shape and help sustain careers of specific rankings in the public over longer periods of time. To advance our understanding of the discursive dynamics at the intersection of rankings and the press, this study examines the media career of Global Slavery Index by analyzing 361 newspaper and magazine articles, published between the release of index’s inaugural edition in 2013 and until the end of 2019. To interpret the media coverage, the study draws attention to the distinctive properties of the Global Slavery Index, in particular its universality, highly rationalized character, and a pledge to spotlight violation of the global moral order. The longitudinal examination of the media coverage points to the following properties of the index as having shaped and helped sustain its career in the public: (1) repeated publication; (2) broad conceptualization of modern slavery; and the construction thereof as (3) a measurable global burden. These properties further allowed for (a) the construction of countries, organizations, and individuals as morally responsible for the said global burden, as well as for (b) the discursive linking of local and situational concerns with global narratives.


Author(s):  
Isabel López Marrupe

Resumen: A finales de 2015, más de 65 millones de personas en el mundo se vieron obligadas a dejar sus hogares. Fue el año de los refugiados. También fue el año de la muerte de Aylan. La fotografía de su cuerpo inerte dio la vuelta al mundo y removió la conciencia colectiva de una sociedad inmune al sufrimiento de los demás. Fue un antes y un después en la cobertura mediática del conflicto. El objetivo de esta investigación es estu­diar cuál fue el efecto real de esta fotografía, y para ello analizaremos la cobertura fotográfica que realizó el diario ABC. A través este estudio comprobamos como la fotografía de Aylan consiguió cambiar el discurso del medio, aunque su efecto no perduró en el tiempo. Además de esto, el consumo masivo de imágenes provocó una falsa ilusión de verdad sobre el conflicto, al percibir tan solo una parte del mismo. Por último, comprobamos como la incorrecta utilización de los términos “refugiado” e “inmigrante” afecta negativamente a la imagen que la sociedad percibe de este conflicto humanitario. Un hecho de especial relevancia, teniendo en cuenta el servicio público que desempeñan los periodistas y los criterios éticos a los cuales está sujeto su trabajo.Palabras clave: Crisis de refugiados; Fotografía; Crisis humanitarias; Inmigración; Diario ABC.Abstract: In 2015 more than 65 million people around the world were forced to leave their homes. It was the refugees´s year. Also it was the year of Aylan’s death. The photograhy of his body went around the world and removed the collective consciousness of a society immune to the suffereing of others. It was a decisive change in the media coverage of conflict. The objective of this research is to study what was the effect of this picture. For this reason, we will analyze the coverage through pictures in the ABC newspaper. Through this study we verified how Aylan’s photography managed to change of newspapers discourse, but this effect didn´t last for too long. Apart from this the massive consumption of pictures caused a false illusion about the conflict, when actually citizens perceived only part of the complex conflict. Also, we prove how the incorrect use of the terms “refugee” and “immigrant” affects the negative image that the society perceives of this humanitarian conflict. A fact of special relevance considering the public service of the journalists and their ethical criteria.Keywords: Refugee crisis; Fotography; Humanitarian crisis; Immigration; ABC newspaper.


Author(s):  
Rob Whitley ◽  
Victoria Carmichael

LAY SUMMARY The media can shape the opinions, beliefs, and attitudes of the public towards Veterans, Veterans’ issues, and Veteran suicide. Given the Lionel Desmond murder-suicide was covered extensively in Canadian media, the authors read and analyzed the tone and content of Canadian newspaper coverage of this incident, using social science methods. On the one hand, the authors found the media sometimes violated some of the best practice guidelines about how to responsibly report suicide and mental health when writing about the Lionel Desmond incident, for example, rarely including help-seeking information. On the other hand, journalists typically wrote about this incident in compassionate terms, calling for more action to help Veterans’ mental health, as well as more support for Veterans who are in transition to civilian life. In sum, the study reveals that much media coverage of the Lionel Desmond incident adhered to reporting guidelines, but there also remains room for improvement. The results indicate a need for more educational resources and better outreach to help Canadian journalists responsibly report issues around Veterans’ mental health and Veteran suicide.


Publizistik ◽  
2021 ◽  
Author(s):  
Christina Holtz-Bacha

AbstractConfronted with a situation that was new to everyone, world leaders sought the best way to contain the pandemic caused by the coronavirus. The measures introduced, with lockdowns and curfews, affected fundamental rights such as freedom of movement and assembly, with implications for freedom of expression and freedom of the press. Demonstrations against the governments’ COVID-19 policies and the associated encroachments on citizens’ fundamental rights in turn led to attacks on media representatives and thus on the freedom of reporting. They were also further proof that attacks on the freedom of the media no longer come only from the state. The restrictions on journalistic work were by no means a surprise attack on the media, but the continuation of a worldwide trend that has been evident for several years, not only in authoritarian systems, but also in established democracies. For those who fear the free press and its watchdog function, the pandemic provided a welcome opportunity, under the pretext of public health, to tighten the reins a bit more and create facts that will endure beyond the pandemic. Financial support for the media, especially the printed press, to cushion the economic consequences of the pandemic and to secure newspapers for the future, establishes new dependencies that can affect free reporting in the long term.


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