scholarly journals Freedom of the Press as a Discrete Constitutional Guarantee

2014 ◽  
Vol 59 (2) ◽  
pp. 283-336
Author(s):  
Benjamin Oliphant
Keyword(s):  
Freedom Of Expression ◽  
Analytical Framework ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Right To Know ◽  
Fundamental Freedom ◽  
Constitutional Protection ◽  
The Press ◽  
Confidential Sources

While “freedom of the press” is explicitly guaranteed in section 2(b) of the Charter, Canadian courts have tended to treat the term as a superfluity to be protected, if at all, through the related but conceptually distinct notion of freedom of expression. This paper argues that the absence of a discrete analytical framework for press freedom fails to give full meaning to the text of the Charter and is inconsistent with the Supreme Court’s own acknowledgment of the vital and unique importance of press freedom within the context of section 2(b). I suggest that the reasons provided for rejecting constitutional protection are typically based on the presumed absence of any workable Charter framework, which the analysis proposed here attempts to supply. To that end, this paper advances a three-step framework for the protection of newsgathering activity and illustrates its operation by applying it to the vexed issue of confidential sources. It concludes by suggesting that adopting a purposive interpretation of press freedom—as a freedom intended to guarantee the public’s “right to know”—would ensure that the Court’s doctrine matches its rhetoric and that this fundamental freedom is no longer treated as a mere constitutional redundancy.

scholarly journals The right to know and freedom of expression in the Arab world in the Digital Age

2019 ◽  
Vol 9 (3) ◽  
pp. 27
Author(s):  
Iman Mohamed Zahra ◽  
Hosni Mohamed Nasr
Keyword(s):  
New Media ◽  
Freedom Of Expression ◽  
Arab World ◽  
Digital Age ◽  
Freedom Of The Press ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Arab States ◽  
The Right

'The right to know' represents a fundamental and vital human right. Progress and development of nations fully require information freedom and knowledge sharing. Using a qualitative analysis of a sample of information and press laws in most of Arab states, this paper aims at discussing 'the right to know' from different perspectives while highlighting the surrounding aspects and their consequences on the right of freedom of expression in those states. The paper also tends to clarify the effects of new media on the vision and practices of governments regarding 'the right to know' and the freedom of the press in the digital age. Moreover, the paper analyzes the different types of censorship the Arab states use to control the new media. Findings shed light on different aspect of 'the right to know' within the different challenges of the digital age and clarify the strong bondage of this right with the other human rights, especially freedom of expression and freedom of the press.

scholarly journals Qual Liberdade de Imprensa? A Imprensa Concebida como um "Fórum Aberto" ou como um "Cão de Guarda Privilegiado"

2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Jens Elo Rytter
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Human Rights Law ◽  
Open Forum ◽  
The Public ◽  
Media Regulation ◽  
The Press ◽  
Prior Restraint

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.

scholarly journals Freedom of the Press In the Scope of Human Rights

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Public Space ◽  
Freedom Of Expression ◽  
The State ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The Republic

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

scholarly journals Freedom of the Press

Communication ◽  
2011 ◽  
Author(s):  
Dwight Teeter
Keyword(s):  
United States ◽  
First Amendment ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
The United States ◽  
Electronic Media ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Free Exercise ◽  
The Press

Freedom of the press refers to the freedom to criticize government without suffering official interference or punishment, before or after publication. “Freedom of the press,” “freedom of speech,” and “freedom of expression” are terms often used together in the United States, with “the press” primarily connoting print and electronic media. This bibliography concentrates on freedom of the press as defined by some major American and English writers and in decisions of the Supreme Court of the United States. Because of the advent of electronic media and of the internet and of other “new media” or “social media” during the 20th and early 21st centuries, the term “freedom of the press” is used to cover mediated communication in general. The clearest indicator of press freedom is that opponents of government or of government leaders, laws, or policies can publish effective criticisms without suffering government retaliation in the form of fines, imprisonment, or even death. That definition does not include communications that may break laws of general applicability, such as the law of fraud, nor violation of a contract. It also does not cover extralegal controls such a communicator’s sense of the community’s range of permissible expression, or public pressures (including mob action) against the press in times of crisis. The legal definition of “freedom of the press” in the United States begins with the forty-five words of the First Amendment to the Constitution, adopted 15 December 1791: “Congress shall make no law respecting an establishment of religion, or the free exercise thereof, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The absolute words of prohibition against congressional statutes tampering with speech or press freedom were, however, overridden early in the nation’s history by Congress in 1798, just seven years after the adoption of the First Amendment. Congress then passed the Alien and Sedition Acts of 1798, which, among other things, made it a crime to criticize the federal government or government leaders. These short-lived enactments, which fueled bitter partisan controversy in the new nation, are discussed in the Historical Context section. Freedom of the press is not static: it rises in times of peace and diminishes in times of war or national crisis, when most needed by society.

SLOBODA ŠTAMPE PREMA VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
Social Relations ◽  
Freedom Of Expression ◽  
Human Freedom ◽  
Freedom Of The Press ◽  
Practical Application ◽  
Media Freedom ◽  
Political Factors ◽  
Public Media ◽  
The Press ◽  
Political Right

In this paper, the author starts from the thesis that freedom of expression, which is best reflected in freedom of the press, as the central public media of the time, was a clear indicator of the level of development of the newly created Yugoslav society. The press in the Kingdom of Serbs, Croats and Slovenes was a clear example of existing social antagonisms. Although the Vidovdan Constitution paid attention to this fundamental human freedom, classifying it as a political right of citizens, the manner of its regulation and practical application indicated limitations, immaturity and unwillingness of society to face its own weaknesses, ie the weaknesses of the ruling establishment, but also all important political factors. According to the letter of the constitution, freedom of the press is guaranteed, but with restrictions. These restrictions, such as the possibility of introducing censorship in cases provided by law, clearly raised the question of whether the existence of freedom of expression could be discussed at all in this period. The enjoyment of freedom of the press was concretized by a later law which found a foothold in the Constitution. Historical facts most faithfully reflect the situation in this area, but also the importance of the issue, through reflection on everyday political, cultural, educational, economic and social relations. After 100 years, the violation of freedom of the press is referred to as a violation of media freedom, which means that restrictions and violations of the rules have not been eradicated, but only shaped into new terminology, ie a new appearance.

scholarly journals A day for freedom

1996 ◽  
Vol 3 (2) ◽  
pp. 84-85
Author(s):  
Reporters Sans Frontieres
Keyword(s):  
Annual Report ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Press ◽  
The World ◽  
The Right

On 3 May 1996, International Press Freedom Day, Reporters Sans Frontieres published its seventh Annual report on freedom of the press throughout the world, which gave an account of infringements of the right to be informed in 149 countries.    

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

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.

Freedom of the Press and Anti-Corruption

2021 ◽  
pp. 261-296
Author(s):  
Mark Knights
Keyword(s):  
Press Freedom ◽  
Close Connection ◽  
Freedom Of The Press ◽  
Cultural Norms ◽  
Free Press ◽  
Public Discussion ◽  
The Press ◽  
At Home

Public discussion of corruption was very important in shaping cultural norms as well as scrutinising and pressing for the reform of Britain’s domestic and imperial administrations. The focus of this chapter is on the debates surrounding the nature and extent of the freedom of Britain’s precociously free press to expose corruption. The chapter argues that there was a close connection between justifications for anti-corruption and ideological defences of a free press: freedom of the press and freedom from corruption often went hand in hand. Some critics argued that the press should not be shackled by those in office whose desire to restrict it was rooted in a concern to screen themselves. But officials (in both domestic and imperial contexts) often had a very different view, seeing the press as seditious, libellous, and destructive of authority. This tension existed both at home and abroad for much of the period.

Illiberals and Autocrats Unite to Craft a New World Media Order

2019 ◽  
Vol 02 (04) ◽  
pp. 1950024
Author(s):  
James M. Dorsey
Keyword(s):  
Human Rights ◽  
New World ◽  
Freedom Of Expression ◽  
World Order ◽  
The United States ◽  
Freedom Of The Press ◽  
New World Order ◽  
Fourth Estate ◽  
World Government ◽  
The Press

Underlying global efforts to counter fake news, psychological warfare and manipulation of public opinion is a far more fundamental battle: the global campaign by civilizationalists, illiberals, autocrats and authoritarians to create a new world media order that would reject freedom of the press and reduce the fourth estate to scribes and propaganda outlets. The effort appears to have no limits. Its methods range from seeking to reshape international standards defining freedom of expression and the media; the launch and/or strengthening of government-controlled global, regional, national and local media in markets around the world; government acquisition of stakes in privately-owned media; advertising in independent media dependent on advertising revenue; funding of think-tanks; demonization; coercion; repression; and even assassination. The effort to create a new media world order is closely linked to attempts to a battle between liberals and non-liberals over concepts of human rights, the roll-out of massive Chinese surveillance systems in China and beyond and a contest between the United States and China for dominance of the future of technology. The stakes in these multiple battles could not be higher. They range from basic human and minority rights to issues of transparency, accountability and privacy, human rights, the role of the fourth estate as an independent check on power, freedom of expression and safeguards for human and physical dignity. The battles are being waged in an environment in which a critical mass of world leaders appears to have an unspoken consensus on the principles of governance that should shape a new world order. Men like Xi Jinping, Vladimir Putin, Recep Tayyip Erdoğan, Victor Orbán, Benjamin Netanyahu, Mohammed bin Salman, Mohammed bin Zayed, Narendra Modi, Rodrigo Duterte, Jair Bolsonaro, Win Myint and Donald J. Trump have all to varying degrees diluted the concepts of human rights and undermined freedom of the press. If anything, it is this tacit understanding among the world’s foremost leaders that in shaping a new world order constitutes the greatest threat to liberal values.

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