THE LAW SECTION SESSIONS AT THE IAMCR CONGRESS (JULY 20-25, 2008) IN STOCKHOLM, SWEDEN, «MEDIA AND GLOBAL DIVIDES»

21 July 2008. 14:00-16:30

I. ACCESS TO INFORMATION: FROM SWEDEN ONWARDS.

Moderator: Andrei Richter

I. 1. David Goldberg, consultant, Glasgow, Scotland
Mail: davgoldberg@gmail.com

Freedom of information in the twenty first century:

some transparency about transparency

The paper addresses FOI at two levels: (a) the empirical need to gather, assess and interpret data about using access to information laws (and making a modest proposal in this regard) and (b) the theoretical need for FOI advocates, to become, at some level, (increasingly) self-reflexive about their passion.

I.2. Fear of freedom – time to ask this question again?

Halliki Harro-Loit, University of Tartu, Estonia,
E-mail Halliki.Harro@ut.ee

The Internet revolution has given most of us possibility to deliver news, uncover secrets but also be libelous. Hence it is important to balance the concept of privacy and protection of personal data against true freedom of speech. The paternalistic approach towards the personal data protection does not work any more. On the other hand defamation laws and court cases seem to be ineffective. What would be necessary changes that enable to balance personal freedom to decide upon one’s privacy and use the freedom of speech? I propose that one possibility is to rethink the concept of «responsibility» and how normative approach handles different types of speeches: political, artistic, commercial and private.

The focus of the following research is to analyze two main laws that regulate information delivery and access to the public data (Personal Data Protection Act and Public Information Act) against the three recent cases in Estonia.

In January 2008 The Inspection of Personal Data announced that Estonian Public Radio could be fined as the birthday wishes for every persons (that tradition goes back for about 40 years) include personal data.

The second case has lasted about three years: well-known Estonian ex-journalist and his wife are publishing very intimate details of the life of different public persons. True facts are mixed with fictional, some are really embarrassing but the blog holders say that part of the blog (most embarrassing) is pre-published fiction story. The blog has collected a lot of publicity as the couple knows how media performs.

The third case has been the same since 1990s: now and then a patient delivers his or her health data in media or in blogosphere, but only the doctors (or other legally responsible processors) are legally responsible for that type of leak. Digital health database has provoked an intense public debate concerning possible misuse of health data.

All the three cases illustrate different aspects of the question of controversial question of responsibility and type of speech (data).

Estonian law on access to public data corresponds to the idea of «positive freedom»: access to the public data is not only permitted but it is compulsory for the data holders to guarantee the access.

Personal Data Protection Law does not make very clear the responsibility of the man who voluntarily delivers his data or personal data of his family members, the law also does not take into consideration online news content that is archived or online search engines. Hence, the situation seems to balance towards the transparency of society. Still more and more conflicts seem to be left unsolved.

I.3. Lindita Camaj, PhD student

Indiana University School of Journalism
940 E. Seventh St. 
Bloomington, IN 47405
e-mail: lcamaj@indiana.edu
Phone: 812-219-3402

To what degree do governmental structures in Southeastern Europe employ the concept of publicity, and how free is mass media in this region to operate as public sphere forums? The quality and implementation of the Freedom of Information legislation can be a good indicator of the degree of the openness of Public Institutions as well as media freedoms. The purpose of this study is to examine the access to information and governmental officials’ use of legal means to control the flow of information by looking into the variations of information access in the countries of ex-Yugoslavia.

The first part of this paper establishes a theoretical framework that guides the remainder of the study by defining the meanings and the relationships between publicity, the public sphere, and media. Further, this framework is linked with more general media development theory in post-communist countries of Eastern and Central Europe to make the argument that media freedoms and their ability to provide a channel for the public sphere in parts of this region is obstructed by political factors.

This supposition is further supported by the evidence that examines the quality of the FIO legislation in Serbia, Montenegro, Croatia, Bosnia and Herzegovina, and Kosovo. The in-depth analysis of the FOI legislation in South-eastern European countries exposes very few shortcomings in the main principles of these laws. Most of the FOI legislation in these countries seems to be in accordance with international expectations. The main problems with these laws  – the improper appeal process, some contradictions with the pre-existing legislation, and improper complimentary legislation — are considered to be created due to the negligence of the institutions to make proper legislative adjustments in order to create an adequate ground for the implementation of the FOI legislation.

Moreover, the above-mentioned deficiencies in the FOI legislation in the examined countries of South-Eastern Europe are not the only obstacle to the implementation of this legislation in this region. Further evidence collected during the monitoring of the implementation of the FOI legislation in these countries suggests that the institutional bodies that least respect the FOI legislation in Southeastern Europe are governmental institutions, both central and local governments, and the main obstacle is the absence of genuine sincerity, will, and ability of the public authority bodies to implement this legislature. However, it is acknowledged that the

Inadequate normative environment in which FOI laws operate gives the authorities of these countries plenty of pretexts to not abide by the FOI law.

This study supports previous assumptions that post-Communist elites in transitional countries have kept some of the old institutions of media control to achieve their political interests and have been quite creative in finding new methods to keep media outlets under control (in this case by controlling the information they can access). In such an environment of governmental non-transparency and information control, the role of the media as channels of public sphere in the Western Balkans is compromised.

Keywords: Freedom of Information, publicity, public sphere, post-communist media, South-Eastern Europe media

I.4. Abubakar D. Alhassan, PhD Candidate, University of Florida, USA, Asst. Lecturer, Bayero University, Kano, Nigeria
E-mail: abubadan@yahoo.com

Enhancing Media Freedom in Nigeria: An examination of the Legislative History of Nigeria’s tortuous attempt to enact a Freedom of Information Act (FOIA)

Abstract: Nigeria’s long awaited desire of having a freedom of information act was thought to be over when the National passed the National Freedom of Information Bill in 2007 and sent it to the president for his assent. However, the euphoria soon turned into despair when the president withheld his assent claiming that he disagrees with two sections of the bill. The contentious sections are S.13(1) and S.13(2); while the former provided that government may held information that may be «injurious to the conduct of international affairs or the defence of the Federal Republic of Nigeria», the latter provided that the courts may override the government in «the interest of the public.» This paper examines the tortuous journey to enacting the freedom of information bill by examining the legislative history of the bill and interviewing media activists and journalists. The paper also analyses the contentious sections of the bill. The preliminary findings of the paper indicate that the president’s objection was premised on his distinguishing between «national defence» and «national security» both of which he argued ought to have been exempted. However, further findings show that while security, law enforcement, and intelligent agencies were invited to testify at the hearings and make input on the bill before its passage, there is no indication that any of the aforesaid agencies objected to the bill’s text. The paper tentatively concludes by suggesting that if the spirit of the provision of S.13(1) is to cover both national defence and national security, the National Assembly should simply add the two words and return the bill to the new president for his assent.

I.5. Mohammad Sahid Ullah, Associate Professor, Department of Communication and Journalism, Chittagong University, Chittagong-4331, Bangladesh, Phone: 878-031-684197, Mobile: 88-01554-352537, Fax: 88-031-726310,
Email: ullah_sahid@yahoo.co.uk

Media Laws, Right to Information and Ethics of Newsgathering: Under the State of Emergency in Bangladesh

Article 39 of the Constitution of Bangladesh says»(1). Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interest of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an office- (a). the right to every citizen to freedom of speech and expression and (b) freedom of the press, are guaranteed.» The article is based on the premise that freedom of the press is one of the most important rights of human being. Article 43 of the Constitution provides that every citizen has the right to privacy of his correspondence and other means of communication subject to any reasonable restriction imposed by law and Article 108 empowers the Supreme Court to make an order for any contempt. With these articles the constitution apparently guarantees freedom of expression and opinion but it has kept the balancing theory in view while guaranteeing the freedom of speech, which is hedged by subject of reasonable restriction. With freedom comes responsibility, and the latter has neither without basis nor guidelines in respect of conscience or in law. The countervailing right to press freedom and the rights of an individual are not envisioned as favoring trial by publicity, wherein the featured subjects are immediately convicted by the bar of public opinion, with nothing for the judge or jury that is the audience in Bangladesh has to rely on the journalist’s report. Rather, the protected freedoms can not guarantee the values of democracy, namely, truth, justice, freedom, love, equality and peace. This paper seeks to understand the media freedom under the state of emergency that proclaimed since January 2007 through halting certain clauses relating to the fundamental rights of the constitution. 

22 July 2008. 9:00-11:00

II. Freedom of press in Russia and Sweden: Comparative Study of Professional Cultures and Censorship/Self-Censorship Mechanisms

Moderator: Andrei Richter

II.1. Greg Simons, Dr., Crismart, Defence College / Eurasian Studies, Uppsala University
PO Box 27805, S-115 93 Stockholm, Sweden
Email address: greg.simons@fhs.se
Work phone: +46 18 471 1694
Mobile phone: +46 70 275 9940

Factors Motivating and Determining Censorship in the Russian Media

2007 was acknowledged as being a difficult year for mass media and journalists around the world. During times of difficulty, a number of pressures come to bear on the media as deliverers of a message. This paper shall seek to focus on the current situation in the Russian Federation. As an initial act, a working definition of what constitutes censorship must be determined in order to give direction and meaning. In addition to this act, an important question needs to be asked. Why does censorship occur in this instance, what is hoped to be achieved?

The paper will seek to analyse the factors that constitute the formal structures of censorship (such as laws) but other factors (ownership and informal 'understandings' for example), not only allow for the imposition they also serve to perpetuate the system. Thus the system becomes 'solidified' and 'normal'. Matters such as the structure of media holdings and associated industries (such as newsprint production and printing) also exert an influence on the process of news production.

This situation is compounded by the historical context — in the 300 years of its existence, the Russian media have been a tool of communication for the nation's leadership. Some have argued that this situation has brought about a 'slave' mentality in journalists. Another important factor in the discussion on censorship is the fact that this is not the sole preserve of the state and it has been demonstrated on a number of occasions that private enterprise has shown a willingness to silence dissent in their media holdings.

(This is part of the "Russsian-Swedish Research Project" Freedom of press in Russia and Sweden: Comparative Study of Professional Cultures and Censorship/Self-Censorship Mechanisms.)

II.2. Dr. Elena Degtereva, Researcher of Center for Finnish-Scandinavian Media Studies, Faculty of Journalism, Moscow State University, Russia
Email address: degelena@nordicmedia.ru

Censorship and self-censorship mechanisms in professional culture of journalists: expectations and attitudes of Swedish students

The phenomenon of globalization has seen the growth of commercial actors in the media market and the increased threat of international terrorism, all of which could be expected to have an impact on journalistic practices. Academic discussions of the restriction of press freedom and regulation of media issues have tended to become polarized between critiques of press restriction in Russia and the illusion of press freedom in West-Europe. The discussions seem to take for granted that stable political systems in West-European countries provide a space for open political discourse in the media sphere (although a few scholars define such situation as a press freedom illusion).

The position of Sweden is neutral in world affairs and traditionally an upholder of the ideals of freedom and liberty of the press. Sweden has the oldest media law history in the world and system of press self-regulation: Press- ombudsman institution and Council of Press affairs. Nevertheless the phenomenon of freedom of press restriction is take place there. «Market-driven journalism» is the reality in the contemporary media-systems everywhere, even in Sweden.

Due of above mentioned consequences the attitudes of journalists as well as students who study journalism were changed now. This research is part of the Russian-Swedish media project ‘Freedom of Press in Russia and Sweden: Comparative Study of Professional Cultures and Censorship/Self-Censorship Mechanisms’. The main methods of research are based on the analysis of official papers, laws, and acts are linked with press freedom as well as interviews with active journalists and students in Russia and Sweden. The interviews will be conducted at the same time with the same questions in both countries.

The paper will seek to analyze opinions of Swedish students who are studied journalism in JMK/SU and University of Goteborg in theirs expectations and professional attitudes in relation of press freedom in modern conditions.

II.3. Dr. Marina Pavlikova, Center for Media Studies in Finland and Scandinavia, Faculty of Journalism, Moscow State University
Email address: marinapavlikova@mail.ru
Phone + 7 495 629 74 34

Journalistic culture in Russia: Does self-censorship provide audiences with a quality information product? 

A modern journalistic culture and professional standards are developing and being maintained in terms of the entertainment industry rapid growth and information overloading which have, that is already confirmed by different statistics, given rise to the information paradox and lack of knowledge and literacy especially among young consumers of mass media production (14-25 age groups). Different audiences in different countries today are being taught to be media literate. But do people need to be tutored to consume a qualitative journalistic product and where do they find it? Who must take care of «a sender» and «a receiver» interaction and duties incumbent on a professional journalist to an audience? How do the press freedom and relatively free information flows influence on a journalistic activity and journalistic standards?

The paper focuses on self-regulation and self-censorship issues in the Russian mass media. The analysis is based on empirical materials and questionnaires of the Russian journalists (future journalists and managers – students of the Faculty of Journalism, MSU) within the framework of the Russian-Swedish Project: «Freedom of the Press in Russia and Sweden: Comparative Study of Professional Cultures and Censorship/Self-Censorship Mechanisms». Another part of the research is being made by the Swedish scholars from the Department of Journalism, Media and Communication (JMK), Stockholm University, and includes data collected in Sweden.

II.4. Professor Hakan Hvitfelt, Senior Lecturer Hakan Lindhoff,
Department of Journalism, Media and Communication, Stockholm University
Email address: hvitfelt@jmk.su.se

Self-regulation of the Swedish press and its limitations

The self-disciplinary system of the Swedish press is not based on legislation. It is entirely voluntary and financed by four press organisations. The Swedish Press Council (Pressens Opinionsnamnd, PON), founded in 1916, is the oldest tribunal of its kind in the world. The Press Council is composed of a judge, who acts as chairman, one representative from the four press organisations and three representatives of the general public who are not allowed to have any ties to the newspaper business or to the press organisations. The basis for the Press Council is a set of rules, an «ethic code».

This paper deals mainly with the following aspects: (1) The historic roots of the Press Council and the development of the ethic code, (2) the concept of «public interest» which is central for the enforcement of the ethic code, (3) the impact on the Swedish press, (4) self-censorship and the ethic code, (5) which ethical aspects are not regarded and finally (6) what may be improved in the ethic code? The empirical material is analysis of documents and interviews with journalists.

The office of the Press Ombudsman (PO) was established in 1969. Its holder is appointed by a special committee consisting of the Chief Parliamentary Ombudsman (JO), the chairman of the Swedish Bar Association and the chairman of the National Press Club.

Nowadays the complaints against the press are first handled by the Press Ombudsman, who is also empowered to take up matters on his own initiative, provided that the person or persons concerned are in agreement. Once the inquiry is concluded, PO has two alternatives: either (1) the matter is not considered to warrant formal criticism of the newspaper, or (2) the evidence obtained is weighty enough to warrant decision by the Press Council, specified criticism included.

Any interested member of the public can lodge a complaint with the PO against a newspaper item they he or she regards as a violation of good journalistic ethical practice. To file a complaint with PO is free of charge. PO also answers queries from the general public on matters of press ethics.

When a complaint is filed, PO's task is to ascertain whether it can be dealt with by a factual correction or a reply from the affected person published in the newspaper concerned. A newspaper that has been found to violate good journalistic practice is expected to publish the full written decision of the Press Council. It shall also pay an administrative fine.

In recent years, 350-400 complaints have been registered annually. 10-15% of all complaints have resulted in formal critical decisions.

II.5. Yuri V. Luchinsky, Ph.D. (Doctor of Philology), Professor, Head of the Department of Journalism History and Mass Communications of Kuban State University (Krasnodar, Russia), Director of Media Research Institute of Kuban State University (Krasnodar, Russia),
Phone number (861) 231-35-59 
Fax number (861) 231-35-59
E-mail: lyv@mail.kubsu.ru

Problems of media self-regulation in regional: Information field of Russian Federation

The problems of media self-regulation in the regional information field of Russian Federation are still actual since the middle of 1990-s. The adoption of national Journalistic Code of Ethics and different regional Codes helped to adjust the understanding of quality journalism standards but could not solve the displayed conflicts that were reflected in the information conflicts and in the increased number of the suites of defending honor, dignity and business reputation.   

Krasnodar region of Russian Federation is of the great interest for the study of regional media and the problems of media self-regulation from the point of view of information saturation (the third place in Russia after Moscow and Saint-Petersburg) and from the point of view of the number of information conflicts and the existing tendency for their pre-trial decision.   

In 1997 in Krasnodar region the Council of Ethics of Krasnodar Department of the Union of Journalists of Russian Federation was organized. According to the regulations the Council took the writ from the interested party, informed the other party of the date of the sitting and appointed the expert. In the case of default the Council had the chance to held the legal investigation.

The Council of Ethics was consisted of Chairman, Vice-Chairman and the number of journalists. Four journalists were editors-in-chief of the regional periodicals. As a rule the sittings were held once a month to combine several cases and there was the journal for each sitting. The sittings were open for the audience and journalists who could take part in the discussion.

Each member of the Council received the materials of the case, took part in the discussion and  secret voting by show and could express the difference of opinion about the decision or its points that was registered in the journal.

The Council decisions were published on the monthly page «Journalist» in the regional newspaper «Kuban Segodnja». The reports from the Council sittings could be published by the correspondents of the other newspapers.

In 2002 the Council of Ethics was transformed into the Regional Panel of Grand Jury of   the Union of Journalists of Russian Federation with the same functions. Now it consists of eleven members including the expert who has the right to invite the other experts for different cases and the judge with the experience in the field of the suites of defending honor, dignity and business reputation.

The Regional Grand Jury managed to gain authority among journalists and judges and usually 4 cases from 10 are finished by reconciliation.

In 2005 there was the attempt to introduce the news-ombudsman practice in Krasnodar region in the context of the project "The Development of the Institutes of Media Self-regulation in Krasnodar region" organized by "Media Law and Policy Institute" (Moscow). The programme was sponsored by the Open Society Foundation (London).

The results are not perfectly clear yet but there are some perspectives that are connected with the dynamic development of Krasnodar region and future Winter Olympic Games in Sochi.

22 July 2008. 11:00-12:30

III. Watchdog for Watchtower: Media Ombudsman in Different world

Moderator: Mohammad Sahid Ullah

III.1. Amaka Okany, LL.B., B.L., LL.M. – PhD candidate, University of Amsterdam
N.R.Okany@uva.nl
Julia Hoffmann, M.Sc., LL.M. – PhD candidate, University of Amsterdam
j.hoffmann@uva.nl
University of Amsterdam
Kloveniersburgwal 48
1012 CX Amsterdam

«Incitement to genocide»: relevance for a responsibility to protect?

That the media can play a sinister role in the preparatory stages of genocidal conflict is evident and widely recognized. From Nazi Germany to Rwanda the deadly potential of inflammatory speech has been amply illustrated. More recently, we are seeing familiar tactics taking root in the media in conflicts in Kenya or Zimbabwe.

Since the first conviction of media professionals at the international tribunal in Nuremberg after the Second World War, this role has been recognized through the prohibition of ‘incitement to genocide’ in the Convention on the Prevention and Punishment of the Crime of Genocide (1948). It has also been addressed, most recently, in the so-called ‘media trial’ before the International Criminal Tribunal for Rwanda.

Defining what kind of speech constitutes incitement and thus falls out of the protection of freedom of expression, however, remains a delicate task.

While there seems to have been a shift from the stringent criteria of ‘public and direct incitement’ formulated in Nuremberg to an interpretation that is more open to considerations of context and much less lenient, the delicate balance between freedom of expression and the prohibition of incitement has once more become the centre of attention of legal scholars as well as media professionals and human rights activists.

Also from a communication science perspective, the role played by the mass media before, during and after the outbreak of violence has gained an increasingly prominent place on the research agenda. Attempts to point out similarities and even to create models of chronological sequence, which would imply the possibility of warning against future violent conflicts by means of comparing and extrapolating, have been made. The pressing question often becomes this: if we seem to be able to detect the processes of incitement which lead to the outbreak of genocidal violence,  why do we not interfere at those initial stages to prevent the genocide from occurring?

Today, parallel new developments in human rights law that point to the emergence of what former Secretary-General Kofi Annan has referred to as a ‘responsibility to protect’, as well as the obligation to prevent genocide (interpreted in the recent International Court of Justice judgement in the case of Bosnia and Herzegovina vs Serbia and Montenegro) now raise interesting issues of state responsibility that may help address this question. Is there a legal obligation third states — or even the international community at large –  may have when faced with the stages that lead up to genocidal conflict?

The central question of the paper will subsequently be whether, under current international law, the obligation to prevent genocide could imply a duty to intervene at the incitement stage of preparations for a genocide. If so, whose obligation would that be and what would its content be? How would such an obligation be reconciled with the individual right to the freedom of expression?

These questions will be answered with reference to provisions and case law on the prohibition of (incitement to) genocide, but also with an eye to current developments in general human rights law. Lastly, recent proposals to install an International Media Alert System will be considered in light of these developments.

It will be argued that the duty of States under human rights law to protect the right to life and other human rights should mean an obligation to pass and implement laws banning incitement to genocide.

III.2. Prof Pieter J Fourie, Department of Communication Science, University of South Africa, Pretoria
e-mail: fouripj@unisa.ac.za

Strategizing self-censorship: A return to repressive media regulation in South Africa?

The paper will document the latest developments in the South African media and government relationships. By comparing it with government-media relationships under apartheid, the author will argue that there is a growing tendency to return to repressive regulation. The author will show how, despite the African National Congress’ (ANC) initial and progressive Media Charter and the entrenchment of freedom of expression in South Africa’s Constitution, the ANC has since 2000 been displaying a similar strategy in dealing with the media as has the former apartheid government. The strategy is to persistently intimidate the media with threats of more regulation and censorship. The latest example in this regard is a proposed media tribunal to monitor the media’s self-regulation measures and the performance of the media ombudsman.  By so doing, the media is pressurised into applying increased self-regulation and self-censorship, often to the detriment of objective reporting and the need to expose corruption, bad management and nepotism — as has happened under apartheid. Historical examples of increased regulation and monitoring under apartheid will be compared with contemporary examples of similar incidents or threats. Examples that will be examined are the jailing of journalists, court interdicts against the publication of articles, the banning of media, and the misuse of the public broadcaster and the moist recent (2007/2008) resolutions adopted by the ANC on communications and the media.

Theoretically, the paper is set against the background of normative media theory on the role and functions of the media in society, with specific reference to libertarian versus social responsibility and development theory. It is illustrated how the apartheid government has misused social responsibility and development to cultivate a so-called patriotic media. In the same way, the present government misuses the media’s so-called social responsibility and development role(s) to propagate African patriotism and a media that will break with its «Western practices and values» to become a «true African media».

In conclusion, and to situate the topic in a more «global» context, examples will be referred to of similar media-government incidents in African and Balkan countries that, like South Africa, are experiencing the processes of «transforming» from closed to «open» societies.

III.3. Vinzenz Wyss, Prof. Dr. Institute of Applied Media Studies ZHAW. Zur Kesselschmiede 35. Postfach 805, 8401 Winterthur, Switzerland
Email address: vinzenz.wyss@zhaw.ch
Work phone: ++41 58 934 77 56
Mobile phone: ++41 79 821 18 51

Media Quality Management Systems and Global Divide

There are many very different concepts of media regulation implemented in different states. In the current theoretical discussion about the right concept, new models — such as "Regulated Self-Regulation" or "Media Governance" — are seen as the "third path" in media policy. In these new concepts the role of the state has to move away from hierarchical control to a modulation of processes going on within society. An important element of this new concept is the idea of "Media Governance". This concept has to assure the autonomy of the media but at the same time to take care that the media organisations assume responsibility within this autonomy. The media organisations are obliged to establish negotiation processes and forms of self-obligations.

In this process of co-regulation new initiatives can arise within the single media organisation. The most effective way is to establish a quality management system that treats systematically the interests of the stakeholders and function as a form of self-obligation and self-control. The quality management system includes the constitution and communication of transparency rules, quality values, norms, standards and procedures to involve the civic society or recipients. We know from research that up to now such initiatives — quality management systems — are very seldom or only rudimentary implemented in media organisations all over the world.

In 2007 in Switzerland, the Swiss state media regulator OFCOM has decided to guarantee broadcasting licenses only based on the implementation of a quality management system. In this process of regulated self-regulation not only the public broadcaster but also 20 private TV stations and 52 private radio stations have recommitted to establish a quality management system that focus on both quality policy and self-control processes.

The attempt of the new Swiss Model of Media Regulation and the results of an analysis regarding the state of media quality management among private Swiss broadcasters will be discussed. On the basis of this presented study the Media regulator has drawn conclusions for the broadcasting licensing and regulation process. In a second step the paper will present the first visible effects of the new regulation model – the commitments regarding the implementation of a quality management system.

In this context and regarding to the main congress theme it is interesting to reflect the potential of the International Standard ISAS BC 9001:2003 developed by the International Organization for Standardization under its ISO 9001:2000 requirements. ISAS BC 9001:2003 is the first specific standard to broadcasting organizations regardless of type (television and radio broadcasters, Internet content producers), status (private, public service or community broadcasters), and size.

Relating to the relationship between media and global divides the question has to be discussed if the international standardisation of quality management systems can be an adequate media regulation model in light of different cultural, economic, cultural, religious and other conditions.

III.4. Richard Wu, Associate Professor, Organization/Affiliation: Faculty of Law, University of Hong Kong
Email address: richwswu@hku.hk
Work phone: 852-28592970
Mobile phone: 852-94608441
Dr. Grace Leung, School of Journalism and Communication, Chinese University of Hong Kong
Shatin, New Territories, Hong Kong

The Hong Kong Communications Authority: A New Watchdog for the Media?

In March 2006, the Hong Kong Government announced a merger of the telecommunications and broadcasting regulators into a single regulator called the Communications Authority. The new ‘super-regulator’ will oversee both the telecommunications and broadcasting sectors in future.

This paper addresses three research questions. Firstly, it examines the policy goals of the Hong Kong government for the establishment of the Communications Authority. It also studies the government proposals on the organization, regulatory functions and governance of the new authority. It also analyses the responses of the different stakeholders in the local communications industries to the proposed establishment of the new authority. While many agree with the government’s policy goal of enhancing the economic efficiencies in regulating the converging communications industries, there are concerns that the setting up of such a ‘super- regulator’ may lead to more regulation of the local media. Such concerns are not unjustified as Hong Kong does not have a democratic political system, or a ‘check-and-balance’ regulatory regime like those existing in the United Kingdom (‘UK’).

Secondly, the paper considers the possible role and functions of the proposed Communications Authority. It evaluates whether the new authority will only enhance the economic efficiencies of regulating the communications industries, or it will also increase the regulation of the local media. In particular, it analyzes the possible relationship between the new authority and the Radio and Television of Hong Kong (‘RTHK’), the local public broadcasting service provider. It also discusses whether the RTHK should fall within the regulatory jurisdiction of the new authority.

Finally, the paper evaluates whether, and to what extent, the overseas experience of ‘super-regulator’ is applicable to Hong Kong. As the new authority is heavily modelled on the Office of Communications (OFCOM) in the UK, the paper undertakes a comparative study of the regulatory role and powers of the OFCOM over the British media. It also reviews the relationship between the OFCOM with the British government and the British Broadcasting Corporation (BBC), the public service broadcaster in the UK. The paper also explores whether, and how, a ‘check-and-balance’ regulatory regime can be developed in Hong Kong.

In this paper, the authors argue that the Communications Authority is unlikely to develop into a powerful watchdog and censoring machine for the local media, notwithstanding the absence of a democratic political system in Hong Kong. However, the new authority can impact on the future development of public service broadcasting in the territory. The authors conclude that the Hong Kong government needs to define clearly the regulatory ambits of the new authority over the local media sector, in particular its role and functions over the RTHK or future public service broadcasters in Hong Kong.

22 July 2008. 14:00-16:30

IV. Media Freedom vs Media Ownership and other Issues: In search of New Media Law

Moderator: Wolfgang Kleinwachter

IV.1. Charles Girard, PhD Student, La Sorbonne Paris 1 University
Address 1: 226 rue de Tolbiac. 75013. Paris, France
Email address: charles.girard@univ-paris1.fr
Mobile phone: (+33) 6 799 29 559

Can Deliberative Democracy Help Us Rethink Media Law?

This contribution will deal with legal and political theory in relation with the news media. It will focus on the relevance of deliberative democracy's theories and concepts for designing mass media regulations and rethinking mass media law.

On the one hand, while contemporary deliberative views of democracy link political legitimacy to the deliberation of all citizens as free and equal, the size and mass media-mediated nature of contemporary societies make it impossible to think of public deliberation as a face-to-face dialogue.

Most attempts to address this paradox have focused on local experiments (citizen juries, deliberative polls, etc.): creating local commons where citizens can debate in a face-to-face setting under controlled conditions. However, these experiments do no solve the larger problem of the quality of mass media-mediated public debate. Since a vast part of the political information and arguments made publicly available are presented in the mass media, a consistent conception of deliberative democracy should account for the role of the news media (newspapers, radio, television and internet) in the ongoing exchange of public reasons.

On the other hand, many features of the mass media landscape (related to market failures, fragmentation of the public, digital divide, inequality of access, profit-orientation of the news media, etc.) make it a very unlikely and imperfect forum for public debate. The desire to highlight the mass media's responsibility in instituting a truly democratic public debate has been one of the driving forces in the evolution from a strictly libertarian conception of media law (based mainly on individual freedom of expression and the idea of a "marketplace of ideas") to the various forms of "social responsibility" conceptions of the press. However, to establish new rights (such as a right of information) or new objectives for media regulations (such as "pluralism") seems to be insufficient. Because a narrow individual interpretation of freedom of expression holds a prevalent position in many media laws (for instance in the case of the French, American, or international media regulations, which we will compare on this point), the complementary addition of such rights and values is not enough to found strong legal regulations aiming to make the mass media landscape more "deliberative".

We will argue that in order to realize the ideal of a mass-media mediated public deliberation, we need to ground mass media law not only on individual rights (of expression or information) but also on a political objective that receive a legal status: the institution of public debate. If, as deliberative views suggests, a true democratic association implies the opportunity for each citizen to participate in the discussion of public affairs, and if the mass media (and especially the news media) are the main purveyors of such a debate, the law should recognize and express the specific power and duty that fall to the media. Drawing from deliberative theories (Sunstein, Chambers, Cohen), and focusing on a specific issue of media regulation (anti-concentration laws), this contribution will offer an argument for new foundations in media law.

IV.2. Dr. Tim Dwyer, Lecturer in Media Law and Ethics, Dept. of Media and Communications, University of Sydney
Email address: tim.dwyer@usyd.edu.au

First Impacts: Dismantling Frameworks for Cross-owned Media in Australia

New media ownership laws allowing consolidation between traditional media took effect in Australia in 2007. Yet the first impacts in the wake of the liberalising of the cross- and foreign-media reforms were not the awaited media merger and acquisition feeding frenzy. Rather, the first moves were characterised by opportunistic refinancing based on the share price bubble, courtesy of the government’s legislative package. More than fifty per cent of the free-to-air networked television sector has now been taken private (and foreign) through private equity deals. As media consolidation continues there is an overriding public interest in how the process of media convergence will impact on diversity of views and opinions, particularly in relation to cross-owned news media. And while certain commentators suggest that there will be increased media diversity as a result of proliferating platforms and access devices, on current trends, the evidence to date is that such an outcome is remote. In this paper I argue that the process of media convergence is inevitably bound up with industry consolidation and cross-ownership, and to the prevailing ideological and policy framings that underwrite it.

At the same time, governments around the world are fine-tuning their broadband policies in an attempt to improve the public’s access to the?Internet and other platforms. There is evidence to suggest that newspaper circulation and TV viewership are in a slow decline, and this in part explains why traditional media have been so keen to expand into new online media. This paper will briefly examine some trajectories of these developments, assessing their potential implications for citizen and consumer audiences.

In Australia the Fairfax Media/Macquarie Media/Southern Cross Broadcasting merger was the first major cross–media implementation under these new rules. This case study will examine the ‘first impacts’ of these liberalisation/marketisation processes. The paper examines specific convergent industry sites that raise issues primarily in relation to ownership/diversity of voice in news. The questions are posed: how will such cross-owned entities actually operate, and what might be the practical effects in terms of diversity of voice in news. And what are the wider implications — for employment in the industry and for democracy? Will newly acquired media assets be stripped of their most profitable operations and then on-sold? What will be the impact of online news provision as faster broadband delivery infrastructures roll out? The international regulatory context is in a highly dynamic phase. In the US, the FCC’s proposed broadcast/newspaper rule liberalisation (in the 20 biggest markets) is under scrutiny by Congress. In the UK, The House of Lords Select Committee on Communications is currently inquiring into media ownership and the news. And in the EU there’s an increasingly poor fit between the mechanisms of competition law and broader objectives for plurality, especially in terms of consolidation of sources of opinion or voice in new media contexts.

Keywords: Cross-media ownership, convergence, commercial speech, diversity of voice

IV.3. Andrei Richter, Dr., Ass. Prof., Faculty of Journalism, Moscow State University, 9 Mohovaya, Moscow 125009, Russia.
E-mail: richter.andrei@gmail.com

Restrictions on media ownership in post-Soviet countries

With the banning of the Communist party of the Soviet Union and collapse of the USSR, demands for restrictions on media monopolisation, especially of the state bodies, and for transparent ownership of the media were reflected in the laws and practice of only four out of the 15 new countries, that is Armenia, Georgia, Lithuania and Moldova.

The laws and practice for restricting media ownership concentration in post-Soviet countries that have successfully resolved this issue convincingly demonstrate that a viable way to achieve this is to make sure that the public are informed about media proprietors and their financial backers.

Here the cue was taken from the situation prevailing in western Europe, of substantial restrictions on state ownership of printed and electronic media, transparency of media ownership, and public monitoring everywhere of concentration of ownership. After all, control of the media by private corporations can be as much a threat to freedom of mass information as abuse of power by the state.

At the same time, other post-Soviet states lack a mechanism for ensuring transparency of media ownership, and any legal safeguards against concentration of ownership that they do have are not put to practical use.

IV.4. Unaloam Chanrungmaneekul, PhD student, Loughborough University, 15 Forest Road, Loughborough, Leicestershire, LE11 3NW, UK
Email: ssuc@lboro.ac.uk

Thai PBS: renewal of TCC power or reformation of Thai media

The most recently Public Broadcasting Service in the world, Thailand Public Broadcasting Service (Thai PBS) was first broadcasted in January 2008. This new media operation provokes at least two significant questions concerning public communication. First, if the old privileged group, which includes trans-national capitalist class (TCCs) (Sklair, 2002), still dominates Thai political system, how will Thai PBS not become a tool of powerful tycoon-politicians as free TV and Thai Independent Television (ITV) did?  And second, do Thai news culture and representations in PBS inherit ‘the idea of development’, which has been influence by the supra-national organisations for example the World Bank?

This paper challenges the idea of public communication in which PBS tends to inherit a renewal of trans-national power, rather than reformation of Thai media, if news culture is not transformed. The case study of content analysis and critical discourse analysis of the most popular television programmes in a village of eastern Thailand indicates that Thai television news representations tend to sustain the interest of the privileged group, without offering any alternatives for the society. Moreover, news stories related to ordinary people and the marginalised have been presented slightly.

The finding also suggests that the ownership and income resources not only the factor which controls news representations, but also news culture. Significantly, the finding points that if Thai PBS still maintains ‘the current news culture’, it is likely that Thai PBS will assist to sustain ‘the ideology of development’, which tends to prolong TCC power, but ignore the majority-disadvantaged group of Thailand.

IV.5. Guilherme Canela, Research Coordinator, Brazilian News Agency for Children’s Rights – ANDI. SDS. Ed. Boulevard Center, Sala 101, Brasilia – DF – Brasil, 70.391-900
Tel. ++ 55 61 21026537
Email address: gcanela@andi.org.br

Media Regulation and Protection of the Rights of the Child and Adolescent: An analysis of existing and draft legislation in 14 Latin American nations

Regulating the various activities of mass media companies and, by extension, the array of uses of the electromagnetic spectrum has long been a controversial issue in a number of countries.

Media companies regularly claim that any legal framework which oversteps the limited bounds of establishing frequency assignment models represents a potential violation of the absolute right of freedom of expression.

At the other extreme of the debate are those who argue that: 1) absolute rights do not exist, hence the protection of other human rights – beyond the right of freedom of expression of media companies – should always be considered by decision-makers when developing regulatory models for the broadcasting sector; and 2) it is possible to establish regulatory frameworks for the mass media that extend beyond frequency assignments while assuring the right of freedom of expression.

A prominent viewpoint consistently held by different public actors engaged in the issue is that the full development of children and adolescents requires effective regulation of the mass media. Article 17 of the Convention on the Rights of the Child underscores this point: States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.

Assuming as premises the complexity of the debate and the ill-defined boundaries between the protection of freedom of expression and the necessity to ensure the rights of children and adolescents in the mass media, this paper presents the results of a comprehensive comparative research study of existing laws and draft legislation in 14 Latin American countries (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, Nicaragua, Paraguay, Peru, Uruguay, and Venezuela) that center primarily on media regulation aimed at the protection of the rights of children and adolescents.

A total of 625 documents were analyzed that addressed, among other subjects, the regulation of suitable and unsuitable content for particular age groups, the regulation of broadcast times for specific content – including sex and violence – the regulation of advertising aimed at children, and the regulation of broadcast images of children in newscasts.

Brazil accounted for nearly 50% of the research material, although consolidated legal models from Chile and Costa Rica were found thru the field research. Draft legislation – that is, proposed regulations not yet passed into law – made up 40% of the legal texts.

The study concludes, in general terms, that regulatory models for the broadcast sector aimed at protecting the rights of children and adolescents are largely incipient in the survey countries, particularly when compared to the sum of international experiences, such as Sweden’s. Yet, positive experiences formally adopted into law to regulate specific aspects of the issue (such as Brazil’s audiovisual rating system), and capable of serving to qualify the Latin American debate on the regulatory models regional authorities intend to adopt in the coming years, were also identified.

IV.6. Dr. Yuval Karniel (Email address: ykarniel@idc.ac.il), Dr. Amit Lavie Dinur, Stephan Bates, Doron Friedman, Sammy Ofer School of Communications, IDC Herzliya, Israel
Susanna Priest, Lawrence Mullen, Hank Greenspan Journalism and Media School, University of Las Vegas, Nevada. USA

Actual Law in Virtual Worlds: Protecting Creative Works on Second Life

We are conducting a cross-cultural study by the Hank Greenspun School of Journalism and Media Studies (JMS) and Sammy Ofer School of Communications (SOSC) of the implications of what is becoming a new popular communication channel---that of online virtual communities. In particular, we are looking on Second Life (SL), a virtual world created by Linden lab, which boasts over 7 million registered users (http://www.secondlife.com), as a pilot site for initial exploration by SOSC and JMS. 

SL users engage in various activities, including entertainment, hobbies, and commerce. While the site may not be the most sophisticated environment it draws a broad range of participants (including several universities), and, therefore, has a large diversity of people. Additionally, it has visual communication interest.

Recently six major Second Life content creators have filed a lawsuit claming copyright and trademark infringement against a [?] Second Life user, who exploited a flaw in the SL software (infamously named CopyBot) to duplicate thousands of copies of the creator’s products. Those products are everything in SL including avatars, avatars' clothing, skins and shapes, scripted objects, furniture and more.

Linden lab said that they are not «in the copyright enforcement business». The communities within SL should have the tool and the freedoms to decide how and when they deal with the potentially infringing content.

This raises big questions.

Second Life, like the Internet as a whole, may be essentially placeless, but laws vary by jurisdiction. Copyright protection lasts longer in some countries than in others. Although nearly all nations prohibit obscenity, the definition varies. American law, further, defines obscene material in part based on "community standards," potentially adding another level of geography to Second Life. Hate speech of various forms, especially Holocaust denial, is widely forbidden by law, but not in the United States. A person violates the law for denying the Turkish genocide of Armenians in Argentina, Switzerland, and other countries; asserting that the genocide took place breaches Turkish law. A South Korean writer can be imprisoned for praising North Korea. Advertising and other forms of commercial speech receive some degree of protection in the United States and Canada, but not in Germany or Japan. In each of these respects, a Second Life user could be face First Life criminal penalties or civil damages for behavior that would be lawful across the border in the adjacent country.

Second Life itself may face liability if it complies with the demands of the copyright holders. The argument can be made that once a website vets material, even if it does so only upon complaints by users or others, it loses its status as a quasi-common carrier. In terms of American law, its character shifts from that of the phone company, with no responsibility for the material it carries, to that of a television station, with complete responsibility for the material it carries.

Will nations cede their sovereignty and allow the creation of a legal system, applicable only to Second Life or to the Internet as a whole? It seems unlikely.

In short, what are the laws of the new virtual worlds? And can we protect creative works without the blunt instrument of copyright law. 

22 July 2008. 16:30-18:30

Roundtable: Communicative Cities and Spaces: Human Rights and Regulations

Moderator: Wolfgang Kleinwachter

Since 2007, more than half of the world’s population will live in cites, large expanses of population and structure broadly described as urban The World Charter on the Right to the City represents an important step in the effort to critically examine the urban condition and the quality of life and civil society in cities. The Charter, while considering the challenges of globalization, is weakened by not explicitly addressing the fundamental issues of communication so integral to cities today and in the future. Among the 23 articles of the Charter, two address dimensions of communication. Article VI underscores the importance of the right to public information from city administrations, or from the Legislative or Judicial authorities: — this in an age when e-government and digital cities offer «one-stop» public access for local information. From news channels broadcasting 24/7 to the proliferation of online publications, the illusion is the apparent increased coverage and information about government.  Article IX reaffirms the right of association, assembly, expression and the democratic use of urban public space, emphasizing that cities should make public spaces available for meetings and informal gatherings. However, the social functions of the city and the technological communication infrastructure are neglected in the document.  Recently, scholars have begun to expand on the concept of human rights in the context of landscape arguing that landscape is a shared resource through which humans communicate and that all human beings deserve the right to landscape. 

 The infrastructure of a city shapes and is shaped by the need for communication. The original infrastructure of cities was the physical environment; paths, roads, streets, market places, meeting places, and city walls.. The latest adaptation of the urban communication infrastructure has been a response to the Internet and mobility. In an effort to be forward thinking or at least to keep up, municipalities large and small are undertaking wireless initiatives as Wi-Fi and wi-max gains momentum. While wi-fi hotspots have been growing in availability for a number of years, the recent trend has been to deploy citywide or regional networks. Municipalities are looking to wireless internet access to enhance public services, The digital divide is rooted in the communicative infrastructure and policies of cities. The mayor of San Francisco recently proclaimed broadband Wi-Fi a "basic human right."  The investment in communication infrastructure linked to physical infrastructure has long been a matter of public policy made operational through laws. Increasingly, landscapes are being privatized as evidenced by the rise of private/gated communities and privately owned shopping streets/malls.  Legal issues include zoning, rights of assembly, association, privacy, public and private space communication rights and the right of access to the communication infrastructure.  This panel with be a roundtable discussion exploring  communication landscapes such as cities with regard to human rights and regulations.

Participants:

1) Nico Carpentier, Free University of Brussels, Belgium Nico.Carpentier@vub.ac.be

2) Susan Drucker, Hofstra University, Department of Journalism, Media Studies, and Public Relations, Dempster Hall, Hempstead, New York, 11549. USA.
Tel: 516-487-3720
Fax: 516- 466-1782
e-mail: sphsjd@hofstra.edu

3) Gary Gumpert, Urban Communication Foundation, 6 Fourth Road
Great Neck, New York, 11021, USA
Tel:  516-466-0136
Fax: 516- 466-1782
e-mail: listra@optonline.net

4) Cees Hamelink, University of Amsterdam, Centre of Communication and Human Rights, 123 Burgmeester Hogguerstraat, 1064 CL Amsterdam, Netherlands
Tel.: +31 20 44 80460
Fax: +31 20 44 80461
E-mail: hamelink@antenna.nl

5) Jan Servaes, University of Massachusetts, Amherst, Department of Communication, 401 Machmer Hall. USA
(413) 545-4314
jservaes@comm.umass.edu

22 July 2008. 18:30-19:00 Business meeting