Sóng Thần’s Campaign for Press Freedom

Author(s):  
Trùng Dương

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.

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


Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.


Significance The issue of media independence has become a fraught one under Prime Minister Shinzo Abe's administration, with perceptions rising among journalists and the public that the government is subjecting the media to political pressure. Critics of the administration speak of censorship and threats to freedom of expression. Japan's ranking in the World Press Freedom Index has fallen from 22nd in 2011-12, before Abe took office, to 61st in 2015. Impacts The government seems likely to try to marginalise the criticisms of constitutional scholars, like it marginalises its other critics. International media as well as domestic journalists are likely to feel some pressure from the authorities. In the near term, the issue is unlikely to destabilise the government, or derail passage of security legislation.


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.


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.


Author(s):  
Wojciech Lis

Freedom of expression and freedom of the press form guarantee and emphasize the democratic character of a state. The dissemination of information and opinions is a prerequisite of democracy, which essentially requires that citizens be guaranteed the possibility to participate in public affairs. An opportunity to learn some information and opinions is of paramount importance for broadening knowledge, sharpening the critical mind, shaping one’s own views and making rational and informed choices. For full access to information and opinions circulating in the public, it is necessary that it should be made public and media and their journalists will make it in the best way.


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.


2020 ◽  
Vol 29 (1) ◽  
pp. 145
Author(s):  
Wojciech Lis

<p>Freedom of expression and freedom of the press form guarantee and emphasize the democratic character of a state. The dissemination of information and opinions is a prerequisite of democracy, which essentially requires that citizens be guaranteed the possibility to participate in public affairs. An opportunity to learn some information and opinions is of paramount importance for broadening knowledge, sharpening the critical mind, shaping one’s own views and making rational and informed choices. For full access to information and opinions circulating in the public, it is necessary that it should be made public and media and their journalists will make it in the best way. The aim of this study was to compare constitutional legal solutions concerning freedom of expression and freedom of the press and the way they are effectuated in practice in theRepublicofArmeniaand in theRepublicofPoland.</p>


Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 19
Author(s):  
Muhammad Fauzi ◽  
Mellayanah Mellayanah ◽  
Muhammad Akmal Rizki Rivaldi ◽  
Fairuz Arta Abhipraya

The release of decisions with Home Ministers, Ministers of Law and Human Rights, Ministers of Communications and Informatics, Attorney General, The Police Chief of the Republic of Indonesia (Kapolri) and the Head of the National Body of Counter-Terrorism has been the basis for the dissolution and banning of all activities of the Islamic Defenders Front (FPI). Following up on this, it issued a declaration of Maklumat Kapolri No. 1/Mak/I/2021 on compliance with the ban on activities, the use of symbols and attributes and the application of fpi activities. Articel 2d of the maklumat forbidding access, uploading, and disseminating content related to FPI via the Internet is considered to have limited human rights. The study aims to see if there are any infractions and irregularities within the human rights code of the FPI content in the declaration. As for the research method used was normative juridical with a legal and conceptual approach. The source of data used is legislation on human rights, books, articles, and other sources related to the study. It was found in the study that article 2d of the maklumat went beyond the human rights code based on the principles of siracusa and the testing of three sets (three part test). Not only that, article 2d of the maklumat also threatens the freedom of press from journalists and the media in charge of spreading information to the public. The advice of the author regarding this matter should be the chief of police to update the declaration according to the purpose and purpose of the declaration issued, or at least revoke article 2d of the maklumat that feels has restricted the special human rights of free expression. This is so that the entire legal action in this country is consistent with the principles of the state of law and human rights.Keywords: human rights, freedom of expression, freedom of pers


Moldoscopie ◽  
2021 ◽  
pp. 145-150
Author(s):  
Mihail Guzun ◽  

In the context of recent political realities, the issue of “political culture” is becoming a major issue, both in practical terms, ie the way “how it translates into life” and conceptually. The notion as such was introduced into the scientific circuit by the contemporary American political scientist Herman Finer (1956) and developed by Gabriel A. Almond and Sidney Verba (1963). The mission of training the political culture has been undertaken by several institutions and organizations in the public segment, the media sector having the role of monitoring and knowledge of the processes that occur in various areas of socio-political and economic life, training the new democratic values of liquidation of the handicap that the “new democracies” have in correlation with the developed countries. In this study, the author aims to identify the extent to which the press, especially in the Republic of Moldova, fulfills its role as a trainer of political culture.


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