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Article
Publication date: 6 May 2021

Miral Sabry AlAshry

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…

Abstract

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 (freedom of information and personal information act) 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.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 16 October 2017

Renata Blanc, Muhammad Azizul Islam, Dennis M. Patten and Manuel Castelo Branco

The purpose of this paper is to investigate whether differences in media exposure regarding corporate corruption appear to influence companies’ anti-corruption disclosures. The…

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Abstract

Purpose

The purpose of this paper is to investigate whether differences in media exposure regarding corporate corruption appear to influence companies’ anti-corruption disclosures. The authors also examine whether the level of press freedom in firms’ home countries affects disclosure and the impact of media exposure in different ways.

Design/methodology/approach

The authors use Transparency International’s 2012 ratings of anti-corruption disclosure by the 105 largest multinational firms in the world, press freedom assessments from the non-governmental organization Reporters Without Borders, and media exposure measures based on a search using the Dow Jones Factiva database. The authors assess relations using regression analysis controlling for other firm-specific factors potentially impacting disclosure choices. Finally, the authors consider the potential effect of other country-level factors.

Findings

The results indicate that media exposure, using either an existence or an extensiveness measure, is positively related to differences in sample companies’ anti-corruption disclosures. The authors also find that disclosure is more (less) extensive where home country press freedom is less (more) restricted and that reduced press freedom appears to reduce the impact of media exposure on the disclosure. The authors further document that press freedom levels explain more difference in anti-corruption disclosures than other country-level factors potentially influencing the practice.

Research limitations/implications

Because the investigation is limited to very large international firms for a single year, the degree to which the findings apply to other companies and time periods cannot be assessed. Further, the authors cannot determine how the findings would hold using an alternative disclosure rating scheme. Finally, the authors do not assess whether differences in the source of media exposure impact the findings.

Social implications

The findings suggest that, to the extent that improved anti-corruption disclosure reflects greater corporate attention to corruption issues, the media may be a powerful player in addressing this social ill. Unfortunately, the results also indicate that media efforts may not be sufficient to bring about change in locations where the freedom of the press is limited. Further, the results suggest that disclosure appears to be a function of exposure to social and political exposures, and the authors therefore question whether it will actually lead to improved corruption performance.

Originality/value

The study is the first to consider the impacts of media exposure and press freedom on corporate social disclosures.

Details

Accounting, Auditing & Accountability Journal, vol. 30 no. 8
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 22 February 2022

Miral Sabry AlAashry

The purpose of this study is to investigate the extent to which Arab Governments limited freedom of expression and access to information for journalists while they reported on…

Abstract

Purpose

The purpose of this study is to investigate the extent to which Arab Governments limited freedom of expression and access to information for journalists while they reported on COVID-19-related issues.

Design/methodology/approach

Focus group discussions were conducted with 20 journalists from Egypt, Jordan, Libya and Tunisia.

Findings

The results of the study indicated that journalists in these countries experience violence in many forms as follows: torture, imprisonment, closure of their websites and censorship of content. In the four countries investigated, the results revealed that there is severe censorship (self-censoring and the governments) of the content presented to the public, an element that is inconsistent with the Arab Constitution, as well as international law, thus violating human rights laws. In addition, governments publish COVID-19 misinformation and at the same time, do little to support an independent media environment.

Practical implications

Arab societies are in dire need of freedom of expression and the right to access information to give journalists an opportunity to cover the news during the pandemic.

Originality/value

This study is important because it investigates the political changes that occurred after the Arab Spring revolutions in three countries, Egypt, Tunisia and Libya and the freedom of expression and rights is still restricted. In the same way, Jordan is a royal government that is trying to achieve democracy under a dictatorial regime. This study attempts to suggest practical solutions for journalists through various stakeholders by highlighting the importance of access to information and freedom of expression, particularly during the fight against the COVID-19 pandemic. These freedoms are critical for journalists to provide health officials with information, improve the efficacy of public health interventions through feedback and prevent the spread of misinformation.

Details

Journal of Information, Communication and Ethics in Society, vol. 20 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 7 March 2023

Miral Sabry AlAshry

The purpose of this study is to investigate the extent of digital surveillance by Arab authorities, which face risks and threats of surveillance, and how journalists seek to press…

Abstract

Purpose

The purpose of this study is to investigate the extent of digital surveillance by Arab authorities, which face risks and threats of surveillance, and how journalists seek to press freedom by using tools and techniques to communicate securely.

Design/methodology/approach

The study used focus group discussions with 14 journalists from Syria, Saudi Arabia, Libya, Yemen, Oman, Jordan and Egypt. While in Egypt, questionnaires were distributed to 199 journalists from both independent and semi-governmental outlets to investigate how Egyptian journalists interpret the new data protection law and its implications for press freedom.

Findings

The study indicated that journalists from these countries revealed severe censorship by their respective governments, an element inconsistent with the Arab Constitution. The recommendation of the study encourages media organisations to play a more active role in setting policies that make it easier for journalists to adopt and use digital security tools, while Egyptian journalists see the law as a barrier to media independence because it allows the government to exercise greater information control through digital policy and imposes regulatory rules on journalists.

Practical implications

The study identifies practical and theoretical issues in Arab legislation and may reveal practices of interest to scientists researching the balance between data protection, the right of access to information and media research as an example of contemporary government indirect or “soft” censorship methods.

Originality/value

To the best of the authors’ knowledge, this paper is one of the first research contributions to analyse the relationships between Arab authoritarians who used surveillance to restrict freedom of the press after the Arab Spring revolutions of 2011 to keep themselves in power as long as they could. In addition, Egypt's use of surveillance under new laws allowed the regimes to install software on the journalists’ phones that enabled them to read the files and emails and track their locations; accordingly, journalists can be targeted by the cyberattack and can be arrested.

Details

Digital Policy, Regulation and Governance, vol. 25 no. 3
Type: Research Article
ISSN: 2398-5038

Keywords

Abstract

Details

Understanding Intercultural Interaction: An Analysis of Key Concepts, 2nd Edition
Type: Book
ISBN: 978-1-83753-438-8

Book part
Publication date: 23 April 2021

Anthony Löwstedt

Purpose – It may be time to reformulate the rejection of censorship. Freedom is not the only opposite of, strategic resource against, or antidote to, censorship…

Abstract

Purpose – It may be time to reformulate the rejection of censorship. Freedom is not the only opposite of, strategic resource against, or antidote to, censorship. Methodology/Approach – This chapter argues against censorship with a Kantian-normative approach (the deontological position of the categorical imperative), using conceptual analysis, constructivism, and international legal scholarship, from the standpoint of a humanity-wide duty to safeguard and promote cultural diversity and biodiversity. Increasingly visible weaknesses of the argument against censorship from the utilitarian standpoint of freedom, a negative argument, can be avoided in this way. Findings – Especially the neoliberal approach to freedom has no provisions against corporate and only little against copyright censorship, which are both becoming increasingly acute. Diversity, on the other hand, both biological and cultural, is argued to be instrumentally good, and intrinsically good, but the latter only if balanced by equality of basic rights. Originality/Value – The resulting moral and legal imperatives are to support, safeguard, and promote diversity, and thus to minimize both censorship in culture and selection/elimination in nature, but only to minimize them, simply because they cannot themselves be eliminated. It is impossible to eliminate elimination. This becomes clear when one considers self- and soft censorship. At least in the wide sense, censorship is inevitable – but sustainable development is impossible without strict minimization of censorship.

Details

Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

Keywords

Book part
Publication date: 23 April 2021

Lucia Bellucci

Purpose – This chapter aims to show how media law strongly contributed to shape in Hungary what has been pictured as a U-turn. This illiberal trend was subsequently strengthened…

Abstract

Purpose – This chapter aims to show how media law strongly contributed to shape in Hungary what has been pictured as a U-turn. This illiberal trend was subsequently strengthened during the Covid-19 pandemic. Methodology/Approach – It considers that law also constitutes and not only orders political and social relationships. Law, including media law, has been in Hungary one of the main factors of change or rather of political-social construction. This chapter therefore moves from the study of positive law and analyzes Hungarian media laws within the theoretical framework of illiberal democracy, drawing from contributions to political science and socio-legal studies. Findings – This chapter demonstrated that media laws have outlined in Hungary a centralized regulatory system with broad powers, which lacks political independence, therefore encouraging self-censorship and limiting freedom of expression and pluralism. These laws contributed to shape the illiberal U-turn occurred in the country before the pandemic, but the coronavirus offered the occasion to reinforce government powers, giving the leeway to rule with no or minimum scrutiny for an indefinite period and further limiting dissent. The analysis enabled to argue that neither the media regulation established during the past decade nor the laws adopted during the Covid-19 pandemic are compatible with a modern democracy. Originality/Value – Based on existing literature, little research has been conducted on the appearance and endurance of non-democratic regimes, and supposedly even less within the context of the coronavirus pandemic which started only a few months ago, compared to the contributions available on democratization processes and democratic consolidation.

Details

Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

Keywords

Book part
Publication date: 19 March 2024

Deb Aikat

With 43.2 million coronavirus cases and 525,000 deaths in 2022, India ranked second worldwide, after the United States (84.6 million cases and 1 million deaths), according to the…

Abstract

With 43.2 million coronavirus cases and 525,000 deaths in 2022, India ranked second worldwide, after the United States (84.6 million cases and 1 million deaths), according to the latest available June 2022 COVID-19 impact data.

Amid people’s growing mistrust in the government, India’s news media enhanced the nation’s distinguished designation as the world’s largest and most populous democracy. India’s news media inform, educate, empower, and entertain a surging population of 1.4 billion people, which is roughly one-sixth of the world’s people.

Drawing upon the media agendamelding theoretical framework, we conducted a case study research into interplay between two prominent democratic institutions, the media and the government, to analyze the role of the COVID-19 pandemic in redefining India’s networked society.

India’s COVID-19 pandemic aggravated internecine tensions between media and government relating to four key freedom issues: (1) world’s largest COVID-19 lockdown affecting 1.3 billion Indians from March 25, 2020 to August 2020 with extensions and five-phased re-openings, to restrict the spread of COVID-19; (2) Internet shutdowns; (3) media censorship during the 1975–1977 “Emergency”; and (4) unabated murders of journalists in India.

Although the COVID-19 pandemic caused deleterious problems debilitating the tensions between the media and the government, India’s journalists thrived by speaking truth to power. This study delineates key aspects of India’s media agendamelding that explicates how the people of India form their media agendas. India’s news audiences meld media messages from newspapers, television, and social media to form a picture of the issues, insights, and ideas that define their lives and times in the 21st century digital age.

Book part
Publication date: 2 December 2019

Frank Fitzpatrick

Abstract

Details

Understanding Intercultural Interaction: An Analysis of Key Concepts
Type: Book
ISBN: 978-1-83867-397-0

Expert briefing
Publication date: 5 May 2015

The outlook for media freedoms in South-east Asia.

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