scholarly journals Cuestiones controvertidas en torno a las instancias de control deontológico de los periodistas en el ámbito del derecho a la información

2019 ◽  
pp. 319
Author(s):  
Jesús Sánchez Lorenzo
Keyword(s):  
Public Opinion ◽  
Codes Of Conduct ◽  
Constitutional Court ◽  
Opinion Formation ◽  
Protective Function ◽  
Democratic State ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
The Impact

El derecho a la información es un pilar fundamental del Estado democrático del que los periodistas no son los únicos titulares aunque son los que lo ensalzan. Por otro lado, no existe una definición concreta de estos sino una que podría considerarse ambigua ofrecida por el Tribunal Constitucional para evitar, efectivamente, una interpretación inconstitucional del derecho a informar y las garantías en su ejercicio. La deontología profesional de la actividad periodística, recogida en diferentes códigos deontológicos, pretende proteger a los periodistas, a la información y al propio derecho a informar por la repercusión que tienen en la opinión pública libre, institución política fundamental en un Estado democrático. Sin embargo no puede hacer efectiva esta función protectora porque no existe control respecto a las infracciones que se puedan cometer. Y no existe este control porque no se ha llegado a un consenso respecto a la naturaleza que debe regir tal control, pública o privada. Esto facilita que los medios sobrepasen los propios códigos tratando la información como mercancía que se puede manufacturar y hasta fabricar, dada la presión del mercado por ser mejores, con lo que la actividad de los profesionales de la información queda supeditada a aquéllos, con las consecuencias que conlleva para la formación de la opinión pública y el propio Estado democrático.The right to information is a fundamental pillar of the democratic State of which journalists are not the sole holders although they are the ones who extol. On the other hand, there is no a concrete definition of these but one that might be considered ambiguous offered by the Constitutional Court to avoid, really, an unconstitutional interpretation of the right to inform and the guarantees in its exercise. Professional ethics of journalist activity, gathered in different codes of conduct, aims to protect journalists, information and the right to inform itself about the impact they have on the free public opinion, fundamental political institution in a democratic State. Nevertheless it cannot make this protective function effective because there is no control over the offenses that could be committed. And this control does not exist because it has not come near to a consensus regarding the nature that must govern such control, public or private. This facilitates the media exceed the codes themselves treating information as a commodity that can be manufactured and be manufactured, given the market pressures to be better, so the activity of information professionals is subordinated to those, with the consequences that it carries for the public opinion formation and the democratic State itself.

scholarly journals Novas considerações sobre o acesso ao Patrimônio Musical no Brasil | New considerations on access to Brazilian musical heritage

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
André Guerra Cotta
Keyword(s):  
Cultural Heritage ◽  
Digital Technologies ◽  
Current Situation ◽  
Legal Restrictions ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Musical Heritage ◽  
Methodological Difficulties

Resumo Este artigo traz considerações sobre o direito à informação no campo da musicologia no Brasil, especialmente sobre o acesso a fontes musicais manuscritas. O autor compara a situação atual com o contexto de fins da década de 1990, apresentando exemplos concretos de avanço em termos de acessibilidade das fontes e reflexões sobre o impacto das tecnologias digitais na área em foco. Finalmente, aponta aspectos em que não houve tranformações significativas, tais como as restrições legais, as dificuldades metodológicas e a falta de mobilização coletiva para a discussão e definição de políticas públicas voltadas para o tratamento e a conservação do Patrimônio Musical no Brasil. Palavras-chave música brasileira, musicologia histórica, acervos, digitalização, patrimônio cultural Abstract This article presents considerations about the right to information in the field of musicology in Brazil, especially on the accessibility to hand-written musical sources. The author compares the current situation with the context of the late 1990s, giving positive examples in terms of accessibility of the sources and reflections on the impact of digital technologies in the area in focus. Finally, we discuss aspects in which there were no significant transformations, such as legal restrictions, methodological difficulties and the lack of collective mobilization for the discussion and definition of public policies for the care and preservation of musical heritage in Brazil. Keywords brazilian music, historical musicology, collections, digitization, cultural heritage

scholarly journals The constitutional and legal enshrinement of the right to information. The impact of states of emergency upon the right to information

2019 ◽  
pp. 20-34
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Public Interest ◽  
Fundamental Rights ◽  
Raw Material ◽  
Free Access ◽  
Constitutional Court ◽  
Access To Information ◽  
State Of Emergency ◽  
Right To Information ◽  
The Right ◽  
The Impact

Starting from the premise that information is the raw material of a democratic society, the present article aims to showcase the importance of the constitutional regulation of the right to information. Observing Article 31 of the Romanian Constitution and the infraconstitutional norms in the field of free access to information of public interest, which further develop the constitutional norm, this paper presents the content of the right to information and its limits. Moreover, some legal literature currents and the case law of the Constitutional Court of Romania are emphasized with regard to the restriction in the exercise of this right, under the conditions of Article 53 of the Constitution. Without detailing the complexity of the legal consequences that derive from declaring a state of emergency, there are identified the limits under which, in such cases, the restriction of some fundamental rights and liberties that can occur. In the current normative context, while insisting that exceptional measures must not find themselves outside the existing constitutional order, the present paper analyses the impact of Decree no. 195/2020 for declaring a state of emergency on the territory of Romania upon the right to information. The article emphasizes that the multiple social, economic and political consequences of such a crisis cannot be dissociated from their legal dimension, that the constitutional rigor of a correct information to the general public through media, both public and private, necessary irrespective of a state of emergency, is needed even more so under exceptional circumstances, where the fight against disinformation is by all accounts legitimate and required. At the same time, it is emphasized the requirement that a state of emergency isn’t used as a pretext for tighter governmental control over information release, for the amputation of the mechanism introduced by Law no. 544/2001 on the free access to information of public interest.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Mimoprávní vlivy na rozhodování českého Ústavního soudu

2021 ◽  
Author(s):  
Hubert Smekal ◽  
Jaroslav Benák ◽  
Monika Hanych ◽  
Ladislav Vyhnánek ◽  
Štěpán Janků
Keyword(s):  
Decision Making ◽  
Public Opinion ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Media ◽  
Book Studies ◽  
The Impact

The book studies other than purely legal factors that influence the Czech Constitutional Court judges in their decision-making. The publication is inspired by foreign models of judicial decision-making and discusses their applicability in the Czech environment. More specifically, it focuses, for example, on the influence of the judge’s personality, collegiality, strategic decision-making or the impact of public opinion and the media. The book is based mainly on interviews with current constitutional judges.

scholarly journals The Impact of Transparency in the Fight Against Corruption

2019 ◽  
Vol 10 (5) ◽  
pp. 47-53
Author(s):  
Ardita Shehaj Lafe ◽  
Ledjon Shahini
Keyword(s):  
Logistic Model ◽  
Public Institutions ◽  
Good Tool ◽  
High Interest ◽  
Contact Transparency ◽  
Right To Information ◽  
The Right ◽  
The Impact

Abstract Transparency and corruption are topics with high interest not only for researchers but especially for politicians, citizens and decision takers. Transparency is seen as an important instrument in the fight against corruption. Transparency and corruption phenomena are considered to be the most difficult to assess due to the subjectivity that characterizes them. For this reason, in this study we will show some results based on citizens perception. The method used to collect information regarding citizens perception is questionnaire and than the data are analyzed through a logistic model. Interesting results came out this research such as people who have been in contact with public institutions during the last months have 5,477 times more opportunities to give bribes compared to those who have not been in contact. Transparency is considered a good tool to fight corruption because based on the model result people who know the meaning of the right to information have 86.3% less chance to give bribes than people who do not know the meaning of the right of information. Whereas people who know the Albanian law on the right to information have 48% less chance of bribing than people who do not know this law. Based on these results it is necessary to raise citizen awareness on the use of the right to information as instrument to fight corruption.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

The Secularized State

2020 ◽  
pp. 220-236
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Religious Freedom ◽  
Religious Faith ◽  
The State ◽  
Religious Communities ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Democratic State ◽  
Federal Constitutional ◽  
Freedom Of Belief ◽  
The Right

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.

Same-sex marriage in China? The strategic promulgation of a progressive policy and its impact on LGBT activism

2010 ◽  
Vol 37 (3) ◽  
pp. 1313-1333 ◽  
Author(s):  
TIMOTHY HILDEBRANDT
Keyword(s):  
Human Rights ◽  
Opportunity Costs ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Democratic State ◽  
Lgbt Community ◽  
Lgbt Activism ◽  
Progressive Policy ◽  
The Right ◽  
The Impact

AbstractUsing the case of same-sex marriage in China, this article explores two fundamental questions: What motivates a non-democratic state to promulgate a progressive human rights policy? More importantly, when a non-democratic state adopts such policies, what is the impact on activism? I argue that same-sex marriage legislation could be used strategically to improve China's human rights reputation. While this would extend a pinnacle right to gays and lesbians, the benefits might not outweigh the costs: I show that when imposed from above, a same-sex marriage law would incur opportunity costs on activism; the passage of this progressive policy would eliminate an important issue around which the Lesbian, Gay, Bisexual and Trans-gender/-sexual (LGBT) community might develop. Moreover, even if such policy is promulgated, the right to marry will do little to challenge the larger social pressures that make life difficult for LGBT Chinese.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

scholarly journals The Right to Information: Whether or not to Publish Information on Salaries of Employees Paid from Public Funds

2016 ◽  
Vol 1 (1) ◽  
pp. 96-101
Author(s):  
Kateřina Frumarová
Keyword(s):  
Public Authority ◽  
Right To Privacy ◽  
Public Funds ◽  
The Right To Privacy ◽  
Democratic State ◽  
Right To Information ◽  
The Right

The right to information is an important instrument for a control of public authority in any democratic state. Ocasionally, however, there may be a conflict between this right and the  right to privacy. In this context, the Czech Supreme Administrative Court was tasked with  solving the question of whether information on the salaries of employees who are paid from  public funds can be published.

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