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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

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

Book part
Publication date: 23 April 2021

Allyson M. Lunny

Purpose – This chapter has three general purposes: to trace Canada’s hate speech laws from their policy inception to their current state; to identify the importance that media and…

Abstract

Purpose – This chapter has three general purposes: to trace Canada’s hate speech laws from their policy inception to their current state; to identify the importance that media and mass communication have played in the creation and development of Canada’s hate speech laws; and to demonstrate the critical relationship that media has had to significant legal cases on hate speech. Methodology/Approach – This chapter historically maps the policy development of and legal challenges to Canada’s hate speech laws. It takes directed notice of the relationship of media and mass communication to the development and implementation of those laws. It engages with libertarian and egalitarian arguments on free speech throughout the chapter testing these ideas through an examination of the legal cases cited. Findings – Canadian legislators and courts have long grappled with the balancing of rights with respect to the issue of “hate speech.” Advances in mass communication technology have added intricate challenges to that legal balancing. Awareness of media’s allure to hatemongers and racial extremists and of media’s protean characteristics make regulation of its hateful content a continuous legal challenge. Canada’s greatest challenge yet to the regulation of hate speech will be its adaptive response to the growing phenomenon of online hate. Originality/Value – This chapter highlights the little recognized prescient statements made by the Cohen Committee about the allure of media and the dangers of its technological advancements in Canadian free speech debates. Providing a comprehensive survey of Canada’s “hate speech” laws, it recognizes the importance that advancements in mass communication have played in the creation and development of Canada’s “hate speech” laws.

Details

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

Keywords

Article
Publication date: 16 February 2015

Yong Ye, Lei Huang and Ming Li

– The purpose of this paper is to analyze the relationship among negative media coverage, law environment and tunneling of controlling shareholders.

Abstract

Purpose

The purpose of this paper is to analyze the relationship among negative media coverage, law environment and tunneling of controlling shareholders.

Design/methodology/approach

Under the Chinese especial institutional background, this paper empirically test the relationship among negative media coverage, law environment and tunneling of controlling shareholders with the sample of 2009-2011 Chinese listed companies.

Findings

The empirical results demonstrate that negative media coverage can reduce tunneling of controlling shareholder, and compared with state-owned listed companies, negative media coverage have a greater effect on tunneling in non-state-owned listed companies; and negative media coverage have a greater effect on tunneling in areas with better law environment. Further study shows that the reduction of controlling shareholder’s behavior of tunneling can improve company performance, and the improvement is more significant in non-state-owned listed companies and areas with better law environment. The research results indicate that media coverage play a very active role on restraining stakeholder’s behavior and perfecting corporate governing.

Originality/value

First, this paper will study of tunneling from the perspective of media coverage for the first time. Second, this paper further analyzes how the decrease of tunneling improves corporate performance following the research of how media coverage influence tunneling. Third, this study enrich literatures about the effects of media coverage on corporate governance in Chinese capital market.

Details

China Finance Review International, vol. 5 no. 1
Type: Research Article
ISSN: 2044-1398

Keywords

Article
Publication date: 4 April 2016

Helen Lam

The purpose of this paper is to analyse social media issues that give rise to employment-related legal and ethical dilemmas, with reference made to recent case law development…

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Abstract

Purpose

The purpose of this paper is to analyse social media issues that give rise to employment-related legal and ethical dilemmas, with reference made to recent case law development, and offer recommendations for employers and employees.

Design/methodology/approach

Prior research, statistical trends, and case laws are reviewed.

Findings

Employers using social media for employment decisions may risk crossing the lines of discrimination, infringement on personal privacy, and/or interference with employees’ concerted activities protected by US law. However, employers not using social media may face negligent hiring and damages for improper employee messages posted. For employees, while social media provides a connection tool, messages posted off-duty and thought to be “private” may still be used as evidence in support of disciplinary actions.

Practical implications

Employers, employees, and their unions must be cognizant of the ethical and legal implications of using social media in the employment context, and the latest developments in the privacy rights, human rights, labour relations rights, and contractual rights. Concerns about power shift need to be addressed.

Social implications

Social media growth has blurred the boundary between work and private lives. With employers able to monitor employees’ social media activities almost at all times, this has implications for the overall power and control. On the other hand, employees may find social media offering another voice channel that can also potentially increase their power to some extent.

Originality/value

Social media is a fast developing area with new case laws emerging regarding its use in the employment context. The paper provides a systemic review of the issues and latest developments.

Details

Employee Relations, vol. 38 no. 3
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 17 April 2020

Ellen Haggar

The purpose of this paper is to analyse George Orwell's diaries through an information literacy lens. Orwell is well known for his dedication to freedom of speech and objective…

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Abstract

Purpose

The purpose of this paper is to analyse George Orwell's diaries through an information literacy lens. Orwell is well known for his dedication to freedom of speech and objective truth, and his novel Nineteen Eighty-Four is often used as a lens through which to view the fake news phenomenon. This paper will examine Orwell's diaries in relation to UNESCO's Five Laws of Media and Information Literacy to examine how information literacy concepts can be traced in historical documents.

Design/methodology/approach

This paper will use a content analysis method to explore Orwell's relationship to information literacy. Two of Orwell's political diaries from the period 1940–42 were coded for key themes related to the ways in which Orwell discusses and evaluates information and news. These themes were then compared to UNESCO Five Laws of Media and Information Literacy. Textual analysis software NVivo 12 was used to perform keyword searches and word frequency queries in the digitised diaries.

Findings

The findings show that while Orwell's diaries and the Five Laws did not share terminology, they did share ideas on bias and access to information. They also extend the history of information literacy research and practice by illustrating how concerns about the need to evaluate information sources are represented within historical literature.

Originality/value

This paper combines historical research with textual analysis to bring a unique historical perspective to information literacy, demonstrating that “fake news” is not a recent phenomenon, and that the tools to fight it may also lie in historical research.

Details

Journal of Documentation, vol. 76 no. 5
Type: Research Article
ISSN: 0022-0418

Keywords

Book part
Publication date: 22 February 2023

Allison Perlman

This chapter offers an historical overview and analysis of US broadcast regulation. It demonstrates how seemingly race-neutral policies – the interpretation of “public interest,”…

Abstract

This chapter offers an historical overview and analysis of US broadcast regulation. It demonstrates how seemingly race-neutral policies – the interpretation of “public interest,” the preference for incumbents, the application of the First Amendment, and the embrace of colorblindness within US media policy – has functioned to entrench White interests in the broadcasting sector. Drawing on critical policy studies and critical race theory, this chapter illuminates how broadcast regulation has been a technology of White privilege, one that has had substantial consequences for the distribution of both material and symbolic resources as well as for the contours of the public sphere in the United States.

Details

Racializing Media Policy
Type: Book
ISBN: 978-1-80455-736-5

Keywords

Book part
Publication date: 30 June 2016

Donald H. Kluemper, Arjun Mitra and Siting Wang

Over the past decade, the rapid evolution of social media has impacted the field of human resource management in numerous ways. In response, scholars and practitioners have sought…

Abstract

Over the past decade, the rapid evolution of social media has impacted the field of human resource management in numerous ways. In response, scholars and practitioners have sought to begin an investigation of the myriad of ways that social media impacts organizations. To date, research evidence on a range of HR-related topics are just beginning to emerge, but are scattered across a range of diverse literatures. The principal aim of this chapter is to review the current literature on the study of social media in HRM and to integrate these disparate emerging literatures. During our review, we discuss the existent research, describe the theoretical foundations of such work, and summarize key research findings and themes into a coherent social media framework relevant to HRM. Finally, we offer recommendations for future work that can enhance knowledge of social media’s impact in organizations.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-78635-263-7

Keywords

Article
Publication date: 22 February 2013

Martin Gertler

The purpose of this paper is to pose questions about quality indicators, describe the fields of reference of communicators and the instruments currently being used in quality…

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Abstract

Purpose

The purpose of this paper is to pose questions about quality indicators, describe the fields of reference of communicators and the instruments currently being used in quality assurance of journalism, especially in Germany.

Design/methodology/approach

Due to their relevance to the questions being posed in media ethics, the paper deals with the meaning‐conferring functions of media offerings and with reasonable expectations toward media courses that prepare young communicators for their field of occupation.

Findings

This paper reveals that a more in‐depth involvement with constructivist epistemologies can impart to the media students a particular understanding of the dimensions of ethics, norms, law and the associated sets of rules.

Originality/value

This paper is focusing on the latently present, meaning‐generating aspects of the media, just not discussing them in terms of “effects” including their measurability, but in terms of reception and epistemology, underscoring the responsibility of all related communicators.

Details

Journal of Information, Communication and Ethics in Society, vol. 11 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Book part
Publication date: 12 August 2014

Johnny Nhan and Michael A. Katovich

Over the last 40 years or so, the concepts of terror and terrorism have permeated and infused political, social, and economic thought and lexicon. Given the symbolism and obvious…

Abstract

Over the last 40 years or so, the concepts of terror and terrorism have permeated and infused political, social, and economic thought and lexicon. Given the symbolism and obvious ways in which the terms become socially constructed, terror and terrorism appear as ripened enough concepts for interactionist scrutiny. In general, interactionists have stressed that concepts applied to terrorism become useful to elites for promoting a master narrative along the lines that “free nations” must coordinate efforts and spend resources to defend against terrorist threats. We wish to extend this interactionist analysis in the following pages to provide a perspective on terrorist threats as evolving and emergent concepts, sensitive to historical and social changes. Drawing from a small number of Government and commercial print and online sources in order to identify patterns that emerge from the language, we reference terrorism handbooks starting from the 1970s to current, post “9/11” handbooks. We propose evolutionary timeframes demarcated by substantive events and changes in how we define, understand, and respond to an abstract threat made tangible and concrete. In effect, we suggest that such publications provide insight into how the dynamics of credibility associated with government, media, and “expert” assertions have framed public understandings of threat and danger. These handbooks serve as a heuristic model to draw general patterns and themes that demarcate significant time periods in our understanding of terrorism and responses to terrorism.

Details

Revisiting Symbolic Interaction in Music Studies and New Interpretive Works
Type: Book
ISBN: 978-1-78350-838-9

Keywords

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