Auguste Comte accorde à l’opinion publique une place centrale dans sa sociologie et, par voie de conséquence, dans la politique qu’il en déduit. Cet intérêt le distingue dans son temps comme dans la tradition sociologique. La singularité d’Auguste Comte s’affirme surtout dans l’analyse qu’il fait de l’opinion publique, lui attribuant le statut de force sociale par excellence, jouant d’abord un rôle majeur, au cours de la phase intermédiaire, dans la résistance de la société aux forces de dispersion, puis, à l’âge (...) positif, un rôle de gouvernement des affections bienveillantes et du lien social. C’est l’opinion publique organique. La tâche de défendre la société assignée par Auguste Comte à la philosophie positive, place ainsi la sociologie dans une relation symbiotique avec l’opinion publique.Auguste Comte puts public opinion at the heart of sociology and, as a consequence, the politics that flows from it. This sets Comte apart from his contemporaries and from mainstream sociology. Auguste Comte’s singularity can be seen above all in his analysis of public opinion. Comte sees public opinion as a social force par excellence, playing a major role first of all in the intermediate phase, as society resists dispersion forces, then, in the positive age, a governing role over benevolent affection and social networks. It is organic public opinion. The job of defending society assigned by Comte to positive philosophy means that there is a symbiotic relationship between sociology and public opinion. (shrink)

New settings for communication are being built, having, at one side, great corporations of television, radio, press and on line media, and at the other side the role of the independent / alternative press, understood as not bound to a private, public or state enterprise or to some economic group. It takes gradually shape the constitution of the opposition between the traditional media and the independent / alternative press, having as a material base the new technologies of information. How can (...) the new technology of information associated to the new settings of press freedom and the phenomenon of the contradiction of public opinion in the era of internet accomplish the mediation of the opinion in a globalized society? Or still, starting from the presupposition of the press freedom, how to guarantee that the society solves the contradiction of the public opinion? The phenomenon of the public opinion is contradicting because it has in itself, at the same time, the universality of constitutional principles of Law and Ethics, together with the peculiarity of the citizens’ rights and concerns. This contradiction finds its solution by means of the mediation of the freedom of the press itself within a frame of democratic legality. This is the power of the contradiction: to put into effect the dialectic tension between the opposed poles of the universal and the particular in the press freedom, avowing the right of every citizen to express publicly his opinion. This is Hegel’s theory of public opinion: the press freedom and the parliament, as a politic space, are privileged spheres of the mediation of the contradictory phenomenon of the public opinion. Keywords: Press freedom; public opinion; press; citizen journalists. (shrink)

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create the field (...) for discussion and mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for (...) indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

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 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. (shrink)

Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on the dialectical (...) method used to investigate the content and legal foundations of freedom of speech, synthesis, analysis, and comparative legal method. The results obtained provide an opportunity to analyse the state of national legislation in the sphere of implementation and protection of the right to freedom of expression, as well as to identify the largest gaps in this sphere and their subsequent resolution. The investigation of international legal experience and a comparative analysis allow identifying a significant difference between the legislations of countries with a high index of press freedom and freedom of speech, and Kazakhstan. This research is of critical importance for the development of the human rights and freedoms protection sector, as well as journalism, especially given the current situation in the Republic associated with strict state control over the activities of the media, the inability to express and publicly broadcast opinions and ideas that are unfavourable for the ruling circles. (shrink)

Without the freedom of the press the road to fanaticism and totalitarianism lies wide open. This book focuses on how the press reacted under strain in a number of cases in the 20th and 21st century. Both academics and journalists give their views on censorship, self-censorship and press-ethics challenging the reader to find his own position.

Journal of Applied Philosophy, EarlyView.

Using the recommendations of the Commission on Freedom of the Press, we ask today's media consumers how they rate the performance of modern American journalism. We employ original survey data collected from journalism students at a major Midwest university, framing our findings in the context of the commission's 1947 recommendations. The result is presentation of contemporary opinions about the performance of American media in the context of journalism ideals articulated more than 60 years ago.

Students of Mill's political theory know that he was both a political reformer and a social philosopher. An important part of Mill's life involved political struggles over the electoral franchise and schemes of parliamentary representation, the legal and social emancipation of women, land law and economic policy, and freedom of speech and the press. When turning to his best known writings such asOn Liberty, Considerations on Representative Government, Principles of Political EconomyandThe Subjection of Women, issues of reform intrude at (...) almost every point. Even his more philosophical writings—Utilitarianism, An Examination of Sir William Hamilton's PhilosophyandSystem of Logic— can be seen as attacks on or supports for those theories of man and society which Mill sees as hindering or furthering ‘the improvement of mankind’. Moreover, Mill's subsidiary careers as a journalist, editor of theLondon and Westminster Reviewand member of parliament further demonstrate his commitment to political reform. (shrink)

In this article, I address some central issues in journalism ethics from a fresh perspective, namely, one that is theoretical and informed by values salient in sub-Saharan Africa. Drawing on a foundational moral theory with an African pedigree, which is intended to rival Western theories such as Kantianism and utilitarianism, I provide a unified account of an array of duties of various agents with respect to the news/opinion media. I maintain that the ability of the African moral theory to plausibly (...) account for issues such as proper content, investigative ethics, and freedom of speech means that it should be taken seriously by media ethicists and merits being paired up against competing approaches in future work. (shrink)

When government officials can look you in the eye and invoke the Federal Freedom of Information Act, they know full well that they have donned a cloak of invisibility. They are saying, in effect, "You can't touch me," and they are calculating that you will get the message and go away. Worse yet, they are putting a premium on "access" journalism—they are elevating the importance of access, of authorized leaks, of journalists currying favor with the right government officials to (...) get information and to get information quickly, when they are on deadline and they need answers. Simply put, if journalists cannot rely on being able to go to source documents in a reasonably fast way, they are in a terribly weakened position when it comes to actually dealing day-in and day-out with high government officials. (shrink)

Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive press freedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)

Mr. Bork discusses concern over press power and irresponsibility, particularly the attitude of the press that the public's "right to know" gives them the right to publish anything. He expresses concern that the public backlash could lead to excessive restrictions on the press.

Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his son’s reign. However, the freedoms media activists worked so hard to obtain at the end of the last century have (...) rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media. (shrink)

In this volume a group of distinguished legal and political theorists and experts on journalism discuss how to reconcile our values concerning freedom of the press with the enormous power of the media - especially television - to shape opinions and values. The policy issues treated concern primarily the extent of justifiable government regulation of the media and the justification for regulating television differently from newspapers. The volume contains some highly original and groundbreaking analyses of philosophical issues surrounding the (...) First Amendment of the US Bill of Rights. This is a book for anyone seriously interested in the rights to free speech and expression in technologically advanced societies. (shrink)

This volume addresses some of the central issues of journalism today -- the nature and needs of the individual versus the nature and needs of the broader society; theories of communitarianism versus Enlightenment liberalism; independence versus interdependence (vs. co-dependency); negative versus positive freedoms; Constitutional mandates versus marketplace mandates; universal ethical issues versus situational and/or professional values; traditional values versus information age values; ethics of management versus ethics of worker bees; commitment and compassion versus detachment and professional "distance;" conflicts of interest (...) versus conflicted disinterest; and "talking to" versus "talking with." All of these issues are discussed within the framework of the frenetic field of daily journalism--a field that operates at a pace and under a set of professional standards that all but preclude careful, systematic examinations of its own rituals and practices. The explorations presented here not only advance the enterprise, but also help student and professional observers to work through some of the most perplexing dilemmas to have faced the news media and public in recent times. This lively volume showcases the differing opinions of journalistic experts on this significant contemporary issue in public life. Unlike previous books and monographs which have tended toward unbridled enthusiasm about public journalism, and trade press articles which have tended toward pessimism, this book offers strong voices on several sides of this complex debate. To help inform the debate, a series of "voices"--journalistic interviews with practitioners and critics of public journalism -- is interspersed throughout the text. At the end of each essay, a series of quotes from a wide variety of sources -- "In other words..." -- augments each chapter with ideas and insights that support and contradict the points used by each chapter author. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 (...) January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Throughout Iran’s modern history, control of the public sphere has remained in the hands of the state. With virtually no trace of a civil society, public opinion has played only a minimal role in influencing state affairs. The 1979 Islamic revolution could be viewed as a break in this historical trend, but public opinion retreated into the background once the clerics solidified their power -- and then kept it by invoking religious orthodoxy to deflect any challenges. Thus, it should have (...) been no surprise that the press revolution, which began in the late 1990s as Mohammad Khatami came to power, collapsed a few years later. While an array of newspapers and journals are still published in Iran today, the persecution of leading editors and publishers with pro-reform sympathies has successfully cleared the field of any real threat to the status quo.The early theorists of the reform movement that came to be identified with President Khatami saw a free and independent press as a vital part of an Islamic Repub lic. For centuries, they argued, the state had used its control over the media -- first the publication of books, then newspapers and finally radio and television -- to push society toward the rulers’ desired ends. In contrast, the reformers saw a free press as the best way to foster open debate and political and social pluralism, unleashing forces that would allow society at large to determine its own fate. In other words, there could be no pre-determined end, shaped by fiat. Their chosen weapon in the battle for a civil society was the newspaper, a medium with a rich history in Iran of social and political activism. Persian newspapers, particularly those published abroad and smuggled into Iran in the nineteenth and early twentieth centuries, had been responsible for remarkable changes in the political landscape. They introduced liberal social and political ideas from Europe and provided readers with a new, simplified language in which to debate such notions. Most important of all, the early press helped create the very idea of society as a political actor in its own right. Within months of Khatami’s move to the Presidential Palace, his new appointees in the Ministry of Culture and Islamic Guidance unleashed a “press revolution.” They quickly streamlined the issuing of publication licenses; countered Iran’s traditional centralism by encouraging the rise of local and provincial newspapers; eased the financial hardships of independent publishers; and sought protection under the existing Press Law for controversial editors and commentators facing the hostility of the ruling clerics. The result was a wave of entrepreneurial and journalistic creativity unmatched since the Constitutional Revolution of 1906-1911.By the spring of 2000, the hard-line clerics had had enough. They used their almost complete control of the public space to shut the door on the “press revolution” and to drive their critics, including many learned clerics, back into private dissent. Dozens of newspapers were closed and prominent journalists were prosecuted, most for violating so-called Islamic norms; anything like public discourse was forced back into the shadows. The ease with which the clerical establishment crushed the free press reflected the basic weaknesses and miscalculations of the reform movement. The senior theologians had established themselves as far back as the Constitutional Revolution as the final arbiters of freedom of expression under Islam. Without a wholesale re-evaluation of the role of the clergy and the very concept of freedom in a religious system of government, this power was destined to go unchecked. The reformers had also put too much emphasis on a free press, in the absence of any other real building blocks of civil society. Newspapers were expected to play the roles of political parties, of independent think tanks and, in the case of Jameah and Tous, of exemplars of social, political and economic independence. It was a burden the Iranian press was simply unable to carry. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:David Hume and the Danish Debate about Freedom of the Press in the 1770sJohn Christian LaursenWhen the reception history of David Hume’s political writings is written, there will have to be some discussion of their fate in “peripheral” countries like Denmark. Hume’s “Of Liberty of the Press” was translated into Danish as early as 1771. It is not widely known that Denmark was the first country officially to (...) declare freedom of the press and that a lively debate broke out once such freedom was declared. Hume’s essay was put to work in that debate. The story of this translation provides insights into the influence of Hume’s ideas in peripheral countries in Europe, and of Denmark in continental European ideas. Among other things, here we have an example of Hume’s work used in a concrete propaganda battle.The Danish translation of Hume’s essay was published as the last of three supplemental essays in a 31-page pamphlet entitled Mr. F. A. de Voltaire’s Letter to His Majesty the King of Denmark concerning freedom of the press in his states, together with some essays of relevant content. 1 A copy can be found at the Royal Library in Copenhagen in volume twenty of the forty-five bound volumes of pamphlets and booklets from 1770 to 1773 which make up Luxdorph’s Collection of Press Freedom Writings. 2 These pamphlets, in German, French, and (mostly) Danish, were collected at the time by Bolle Willum Luxdorph, a Danish man of letters and court counselor. [End Page 167]The occasion for Voltaire’s letter and our pamphlet was King Christian VII’s declaration of freedom of the press in his territories (the Kingdoms of Norway and Denmark and the Duchy of Schleswig-Holstein) on 4 September 1770. It was in the form of a Cabinet Order to his Danish Chancellery, in the following words:We are fully convinced that it is as harmful to the impartial search for truth as it is to the discovery of obsolete errors and prejudices, if upright patriots, zealous for the common good and what is genuinely best for their fellow citizens, because they are frightened by reputation, orders, and preconceived opinions, are hindered from being free to write according to their insight, conscience, and conviction, attacking abuses and uncovering prejudices. And thus in this regard, after ripe consideration, we have decided to permit in our kingdoms and lands in general an unlimited freedom of the press of such a form, that from now on no one shall be required and obliged to submit books and writings that he wants to bring to the press to the previously required censorship and approval, and thus to submit them to the control of those who have undertaken the business until now of inspecting them; so have we graciously revealed and made known this our will concerning our kingdoms to our Danish Chancellery. Given at Friedrichsberg, the 4 September 1770. Christian. 3The foregoing cabinet order was largely the idea of Johann Friedrich Struensee, court physician and soon to be Prime Minister for Christian VII. 4 Less than ten years earlier, two periodicals he was involved with when he lived in Danish Altona had been suppressed, 5 and when he came to power by a series of accidents, one of his first acts was to arrange for the king to declare freedom of the press. [End Page 168]Response to this declaration was immediate. In Denmark it led to a flurry of pamphlets on a myriad of topics, including the high cost of living and the salaries of ministers, 6 monopolies and trade issues (vol. III), coinage (vol. IV), civil servants, the public debt, the agricultural economy (vol. V), the abolition of tenant farmers’ work obligations (vol. VI), the Iceland trade (vol. VII), marriage law, breweries (vol. VIII), banks, lotteries (vol. IX), soldiers’ and sailors’ pay (vol. X), the Norwegian economy (vol. XI), the universities and academies (vol. XII), the power of women (vol. XIII), irreligion and impiety (vol. XIV), prophecies of doom (vol. XV), fables, allegories and libels (vols. XVI–XVIII), and the eternity of hell (vol. XIX).Many pamphlets discussed press freedom... (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of (...) Islam enshrined in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)

Raw (pragmatic) and potential (theoretical) power is seen as the key to press freedom in various global settings. Because the locus of power determines the locus of freedom, the authors suggest a model to understand where the raw and potential power resides within a matrix consisting of the State, the Media Elite, the Journalists, or the People. Numerous questions concerning accountability and ethics are raised concerning the practical application of a model that purports to overcome cultural biases inherent (...) in traditional theories of press and society. (shrink)

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), (...) at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from ‘war’ but from different kinds of social pressure or ‘violence’ exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it – or even not to think for themselves – under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system. (shrink)

Journalism is viewed here as being in danger of becoming a profession, thereby changing the field into a narrow, monolithic, self?centered fellowship of true believers devoid of outward?looking and service orientations.

As part of a research project on confrontational maneuvering in the spokespersons’ argumentative replies at the regular press conferences of China’s Ministry of Foreign Affairs between 2015 and 2018, this article analyzes, within the framework of Pragma-Dialectics, how the spokespersons declare a standpoint at issue unallowed or indisputable in order to avoid having to resolve a difference of opinion as it is, according to the questioning journalist, presented by their immediate opponents. Starting from the various rationales the spokespersons presuppose to (...) be understood and regarded acceptable by the questioning journalist and the international general public, three subtypes of declaring a standpoint unallowed or indisputable are differentiated: the “Necessity Rationale” subtype, the “Desirability Rationale” subtype, and the “Feasibility Rationale” subtype. The confrontational maneuvering by declaring a standpoint unallowed or indisputable carried out by the spokespersons is directed both at the immediate opponent and at the international general public. However, it is the international general public that the spokespersons primarily intend to convince. For this purpose, they make in all three subtypes of the unallowed or indisputable declaration an effort to adapt their response to their primary audience’s demand by making strategic choices from the available topical potential and the available presentational devices. (shrink)

This study examines the existence, intensity and impacts of intolerance for Press criticism in Pakistani society. It’s generally believed that intolerance for Press criticism leads to professional and psychological complexes for the Press to play its role as a voice for unvoiced and to hold those in power accountable because the Press’s role as the Watchdog compulsively needs high capacities of tolerance in the society to understand the realities and habituate rationalism. As working journalists have to face the direct reaction (...) from masses regarding Press criticism so this paper explores journalist’s perceptions about the presence of intolerance in the societal frame of Pakistan regarding Press’s criticism using survey technique under Likert Scale. The study also incorporates the impacts of intolerance on professionalism in media that induce threats to journalists and compel them to exercise self-censorship which ultimately results in content biases, depriving the citizens of fundamental right of expression. The conclusion provides guidelines for policy making on the subject of Press freedom and social coherence. Also, this study enhances understandings regarding the social sphere of the country and gauges the level of intolerance for media discourses. (shrink)

Media accountability is back on the political agenda. This book advances research on media accountability and transparency, and also offers perspectives for newsrooms, media policy-makers, and journalism educators.

With a category system drawn from the ethical elements listed in the American Society of Newspaper Editors' (ASNE) Canons of Journalism, this analysis examines Editor & Publisher's discussion and debate of the problems of journalism on its editorial page in the more than 20 years leading up to ASNE's adoption in 1923 of the first nationwide code of ethics for the newspaper industry. This study confirmed the presumption that the code was a culmination of an ongoing and historical conversation about (...) the normative standards of journalism in the newspaper industry's primary trade journal. It showed that Editor & Publisher raised every one of the ethical issues and problems of journalism outlined in the Canons, to include responsibility of the press, truthfulness and accuracy, partisanship, independence, freedom of the press, propaganda, and sensationalism. (shrink)

Journalistic Ethics: Moral Responsibility in the Media examines the moral rights and responsibilities of journalists to provide what Dale Jacquette calls "truth telling in the public interest." With 31 case studies from contemporary journalistic practice, the book demonstrates the immediate practical implications of ethics for working journalists as well as for those who read or watch the news. This case-study approach is paired with a theoretical grounding, and issues include freedom of the press, censorship and withholding sensitive information for (...) the greater public good, protection of confidential sources, journalistic respect for privacy, objectivity, perspective and bias, and editorial license and its obligations. This is a book for anyone who now works in journalism, or is considering a career as a journalist. It is also important groundwork for everyone who follows the day's events in newspapers, radio, television, or on the internet. (shrink)

This will be an admittedly opinionated review that gives with one hand and takes with the other. Let me be clear though from the outset that there is much to admire and agree with here. Perhaps, the biggest complaint is the failure of the author to engage with other highly relevant literature in philosophy of science and metaphysics that would yield her natural allies or would provide natural foils that ought to be named and engaged. On the allies side, there (...) are many people now writing in the vein of emergence that have made many of the same claims and used many of the same case studies to bolster their claims as Thalos. Surely, this requires a response on her part given that “emergence” is one of her primary foils. Rather than discussing those people’s work, she chooses to focus on a particular brand of emergence as a foil and thereby throws out the baby with the bathwater. Thalos also fails to engage the huge and highly relevant literature on the causal (or d .. (shrink)

A provocative study of the complex relations between philosophy and journalism.

This book provides journalism students with an easy-to-read yet theoretically rich guide to the dialectics, contradictions, problems, and promises encapsulated in the term 'journalism ethics'. Offering an overview of a series of crises that have shaken global journalism to its foundations in the last decade, including the Coronavirus pandemic, the Black Lives Matter movement, and the 2020 US presidential election, the book explores the structural and ethical problems that shape the journalism industry today. The authors discuss the three principle existential (...) crises that continue to plague the news industry: a failing business model, technological disruption, and growing public mistrust of journalism. Other topics covered include social media ethics, privacy concerns, chequebook journalism, as well as a new analysis of journalism theory that critiques the well-worn tropes of objectivity, the Fourth Estate, freedom of the press, and the marketplace of ideas to develop a sophisticated materialist reimagining of journalism ethics. This is a key text for students of journalism, mass communication, and media ethics, as well as for academics, researchers, and communications professionals interested in contemporary journalism ethics. (shrink)

In 2018, three journalists accused one of the Members of the Russian Parliament of harassment at workplace. Many influential persons of the Russian elite engaged themselves in the public discussion of the conflict. We studied that high-profiled discussion using a hybrid method merging human- and logic-oriented approaches in argumentation studies. The method develops ideas of the new dialectics, the argumentation logic and the logical-cognitive approach to argumentation, on which is based the algorithm for determining of dispute resolution by aggregating formal (...) and informal tools of analysis. We have reconstructed the discussion as two disputes about questions A and B. A: Did the MP violate the code of conduct by making statements or actions against the journalists? B: Are actions like the behavior of the MP harassment? The opinions of the discussion participants were grouped into the four points of view: A1 – the MP did not violate the code of conduct, A2 – the MP violated the code of conduct, B3 – the actions are not harassment, B4 – the actions are harassment. We mapped arguments in support or against each of them using OVA software, evaluated the arguments with the help of the critical questions, a tool proposed in the new dialectics, and determined the ultimate A + B resolution by applying of the algorithm that combines elements of gradual and labelling semantics from the argumentation logic and the classification of disputes from the dialectical approaches. The resolution was a subset of four arguments that ensured the victory of A1+B4. However, the substantial incompatibility of those arguments highlighted a deep disagreement, an unresolvable difference of opinion, between the parties about the permissibility of courtship. The deep disagreement, a bonus result yielded by the application of the hybrid method, excluded the interpretation of the determined resolution as convincing for the parties, but pointed out a way to smooth the difference of opinions by elaborating of legal, social and moral aspects of the problem of harassment at workplace. (shrink)

Since the last several years of the life of King Hassan II, Morocco slowly moved from authoritarian rule to a managed democracy. As a result of this gradual political liberalization, religious groups as well as secular ones formed political parties. Islamists have already won seats in the parliament and they are expected to gain nearly half the number of seats in the coming elections. Equally significant is the increased presence of human rights and non-government organizations and the emergence of independent (...) and party-affiliated newspapers and other media outlets. In this article, I focus on the prospects of seeing a free press emerging in Morocco given the pressures exerted by official and non-official authorities. I argue that government interventions stifle freedom of expression and weaken civil society. This study focuses exclusively on Moroccan Arabic and French language print media. (shrink)

The beginnings of the practical implementation of the right on access to public documents, also known as the freedom of information in Kosova date fifteen years back from now, when the first law on access to public documents was adopted. The freedom of information was attained with difficulties by journalists in relation with public institutions until two years ago. This was because of the oversight body of this law’s implementation was a coordinating office within Prime Minister’s Office, without (...) a specific binding mechanism to public institutions, whilst the Ombudsperson served as a second instance, also without an executive mandate to empower achievement of this right. The content of this paper’s body entails, among others, aims to highlight the degree of difficulty journalists faced to provide information in the absence of an appellant authority in the country during a ten years’ period, which is the subject matter of this writing. Notwithstanding difficulties to freely access public documents, provided by law to be open for the public, as well as the people’s lost trust for public institutions in this regard, since 2019 when the oversight mission of the Law on Access to Public Documents was entrusted to the Information and Privacy Agency, the general perception began to change positively. The current situation in terms of the respect for the freedom of information may be considered to be relatively satisfactory, because public institutions are made aware of the existence of the oversight authority, which acts as an appellate authority for citizens. (shrink)

This book combines the insights of a seasoned journalist with those of an expert on philsophical ethics to provide a penetrating and comprehensive guide to the ethics of news reporting. It is essential reading for anyone interested in the role the press plays in influencing social, economic, and political choices in modern society. Drawing on a wealth of real-life cases, The Virtuous Journalist melds for the first time a conceptual analysis of the critical moral problems in journalism with a solid (...) understanding of the constraints and possibilities faced by the print and electronic media. The authors are not First Amendment absolutists but believe nonetheless that, in a democracy, the media should be subjected to minimal legal restraint. They also argue that freedom from legal restraint requires increased moral responsibility. Among the specific topics treated in the book are notions of morality and fairness, journalistic competence, standards of objectivity and accuracy, avoiding bias, avoiding harm, notions of public service, and maintaining public trust. Specific cases discussed include the controversy surrounding the CBS documentary "The Uncounted Enemy" and recent reporting on the AIDS epidemic. (shrink)

Ethics for Journalists critically explores many of the dilemmas that journalists face in their work and supports journalists in good ethical decision-making. From building trust, to combatting disinformation, to minimizing harm to vulnerable people through responsible suicide reporting, this book provides substantial analysis of key contemporary ethical debates and offers guidance on how to address them. Revised and updated throughout, this third edition covers: the influence of press freedom and misinformation on trust; the novel ethical challenges presented by social (...) media; the need for diversity of sources and in the newsroom, specifically relating to gender, ethnicity, sexual orientation and disability; issues around vulnerable people-reporting traumatic events, bereaved people, suicide and privacy; health journalism and reporting a pandemic; the impact of regulation on professional standards. Taking an accessible and engaging approach, including expert reflections on personal and professional experience, Ethics for Journalists provides a wealth of insight for those in journalism, from students and trainees to specialist correspondents and experienced editors. (shrink)

Tracking the relationship between the theory of press control and the realities of practicing daily press censorship prior to publication, this volume on the suppression of dissent in early modern Europe tackles a topic with many elusive and under-researched characteristics. Pre-publication censorship was common in absolutist regimes in Catholic and Protestant countries alike, but how effective it was in practice remains open to debate. The Netherlands and England, where critical content segued into outright lampoonery, were unusual for hard-wired press freedoms (...) that arose, respectively, from a highly competitive publishing industry and highly decentralized political institutions. These nations remained extraordinary exceptions to a rule that, for example in France, did not end until the revolution of 1789. Here, the author’s European perspective provides a survey of the varying censorship regulations in European nations, as well as the shifting meanings of ‘freedom of the press’. The analysis opens up fascinating insights, afforded by careful reading of primary archival sources, into the reactions of censors confronted with manuscripts by authors seeking permission to publish. Tortarolo sets the opinions on censorship of well-known writers, including Voltaire and Montesquieu, alongside the commentary of anonymous censors, allowing us to revisit some common views of eighteenth-century history. How far did these writers, their reasoning stiffened by Enlightenment values, promote dissident views of absolutist monarchies in Europe, and what insights did governments gain from censors’ reports into the social tensions brewing under their rule? These questions will excite dedicated researchers, graduate students, and discerning lay readers alike. (shrink)

The paper explores the process of the Czech journalists setting the EU agenda in the media during the ‘hot phase’ of the Czech national parliament election campaigns in 2002, 2006, and 2010. Unlike most studies that concentrated on the media agenda in the European Parliament election campaigns, we focused on periods that were neither strictly key events nor routine, but that were more intensively covered by the media and simultaneously generated more influential political representation defining national political attitudes towards the (...) EU. Articles that referred to the EU during the ‘hot phase’ were content analyzed. The results suggest that in the Czech press, the EU agenda is less and less visible, and, moreover, that it is increasingly negatively framed and reduced to an economic agenda. (shrink)

The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are not (...) uniform owing to the generality of the rules governing this issue. The initial research question that we pose is this: how does society perceive the right to religious freedom in prisons? Does a convict have the right to demand respect for the rules of his or her religion regarding diet, clothes, appearance and participation in religious services? We look for answers to these questions in research conducted in Polish society, one that is confronted by international regulations. (shrink)

Opponents and proponents alike of the freedom of the UK press to print prejudicial content about marginalised groups typically frame the debate in classic ‘free speech’ vs ‘harm principle’ terms. Those in favour of press freedom argue that the print press' right to freedom of expression beats any perceived or actual harm caused, and those against argue the opposite. Predictably, little progress is made in either party convincing the other. I suggest that we ought to instead ask, (...) what grounds the freedom of the press? I propose that one plausible answer is: the value of agential epistemic participation. And I argue that we cannot uphold that value at the same time as permitting discriminatory reporting against collectives of individuals. This offers a strong basis from which to argue for a change in UK press regulatory policy, to allow discrimination claims against groups of individuals to be heard. Further, when we consider the role of epistemic participation in one’s ability to perform as a person, we ought to find that most complaints will in practice find in the favour of the group in question, rather than the PPM. (shrink)

Journalistic ethics and freedom of the press according to Islam in Indonesia.

Machine generated contents note: Contributors ix -- Foreword by Douglas A. Boyd andJoseph D. Straubhaar xiii -- Preface byMariaHenson xv -- Acknowledgments xvii -- Part I. Introduction 1 -- Chapter 1. Journalism as a Mission: Ethics and Purpose -- from an International Perspective -- by Joseph B. Atkins 3 -- Chapter 2. Chaos and Order: Sacrificing the Individual for the -- Sake of Social Harmony -- by John C. Merrill 17 -- Part II. In the United States and Latin America (...) 37 -- Chapter 3. Ways of a Muckraker -- by Jerry Mitchell 39 -- Chapter 4. A Sinister Zone of Likeness: Journalists as Heroes and -- Villains in the U.S. South and in Central and Eastern -- Europe -- by Joseph B. Atkins 45 -- Chapter 5. From Collusion to Independence: The Press, The Ruling -- Party, and Democratization in Mexico -- byMichaelSnodgrass 55 -- Chapter 6. The Outspoken Journalist Is an Expression, a Symbol -- of Colombia -- by Stephen E Jackson 69 -- Part III. In Europe 77 -- Chapter 7. The Stranger: Minorities and Their Treatment -- in the German Media -- by Georg Ruhrmann 79 -- Chapter 8. Between State Control and the Bottom Line: -- Journalism and Journalism Ethics in Hungary -- by Ildiko Kaposi and Eva Vajda 91 -- Chapter 9. SITA: Slovakia's First Independent News Service and -- Its Battles with the Huey Long of the Danube -- byPavol Mudry 101 -- Chapter 10. Holding Politicians' Feet to the Fire in Slovenia -- by Bernard Nezmah 111 -- Part IV. In the Middle East and Africa 121 -- Chapter 11. Lebanese Television: Caught Between the -- Government and the Private Sector -- by Nabil Dajani 123 -- Chapter 12. Press Freedom and the Crisis of Ethical Journalism -- in Southern Africa -- by Regina Jere-Malanda 143 -- Chapter 13. Nigerian Press Ethics and the Politics of Pluralism -- by Minabere Ibelema 153 -- Part V. In South and East Asia 169 -- Chapter 14. The Indian Press: Covering an Enigma -- byJayanti Ram-Chandran 171 -- Chapter 15. Palace Intrigue in Katmandu and the Press in Nepal -- byAkhilesh Upadhyay 181 -- Chapter 16. The Press in Japan: Job Security versus -- Journalistic Mission -- by Takehiko Nomura 187 -- Part VI. Three Journalists and Their Missions 201 -- Chapter 17. A Journey in Journalism: From Idealism -- to Bankruptcy -- by Neil White III 203 -- Chapter 18. Reclaiming Responsibility: A Journalist and Artist -- in the Catholic Worker Movement -- by Chuck Trapkus 211 -- Chapter 19. Ryszard Kapuscinski: The Empathetic Existentialist -- by Joseph B. Atkins and Bernard Nezmah 217 -- Postscript The White Rose: On the Martyrdom of Student Pamphleteers in -- Nazi Germany and Their Legacy -- by Joseph B. Atkins 227 -- References 233 -- Index 243. (shrink)