"Como parte de sus objetivos y tareas principales, el Observatorio Latinoamericano de Regulación Medios y Convergencia (OBSERVACOM) realiza un monitoreo sistemático de las regulaciones y políticas públicas de los países de la región respecto al acceso, la diversidad y el pluralismo en materia
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de medios de comunicación y libertad de expresión, prestando una especial atención a la situación de la radio y televisión comunitaria. Como una de los resultados de este trabajo hemos realizado el siguiente informe comparado de la legislación existente en la materia, con el objetivo de analizar la compatibilidad de los marcos normativos latinoamericanos con los estándares sobre libertad de expresión aprobados por los órganos del Sistema Interamericano de Derechos Humanos. A continuación, compartimos con ustedes los principales hallazgos de la investigación, esperando sea un aporte útil para el desarrollo de sus funciones." (Página 3)
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"The findings show that community radio stations in Anglophone West African countries are owned and controlled by the community; the community radio in Anglophone West African countries is regulated along the broad guidelines that guide broadcasting in those countries; and community radio is used fo
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r various purposes with the central focus on development. The study recommends that Governments should encourage the operation of community radio by granting license to willing communities; avoid undue interference in the operation of the community radio; and big organizations and non-governmental organizations should support community radio financially and logistically and the Nigerian government should commence the licensing of community radio in the country." (Abstract)
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"Media freedom is still a fragile compromise in Tunisia and institutions and their rules are not as sustainable as one might wish for. The success of the transition process ultimately depends on the commitment of all elites to devote themselves to holding on to democracy. As could be observed in sev
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eral stages of the transition process, it was often the willingness of the political elites to make democratization work, even at the expense of their own power shares, which was essential for mastering the ride on the bumpy road of transition. However, in comparison to all other countries in the region Tunisia has found a way to negotiate its future without militant means, and, as Roxane Farmanfarmaian (2014, page 662) concludes, "a stage of no return is widely felt to have been achieved". Thus I can conclude optimistically that Tunisia's media transition might indeed become a success story." (Conclusion)
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"More than 20 years into democracy, the South African media landscape, although free and moderately pluralistic, still does not represent fairly the diversity of viewpoints held in the country. Yet, the South African media debate on transformation has been dominated by the ANC’s continued focus on
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media accountability. This has silenced a more constructive debate on how to foster media diversity. In the wake of a review of the MDDA (Media Development and Diversity Agency) Act, this paper seeks to reignite this debate by investigating different types of print media regulation and support in Scandinavia, Latin America and West Africa. It argues, firstly, that print media regulation and support is crucial to foster and maintain democratic debate, which is endangered if the media market is left to its own devices. Secondly, government support to print media has been much more common around the globe than often assumed, especially in the Scandinavian countries, which have invested heavily and successfully in the sector. Thirdly, an analysis of national contexts of print media support highlights the perpetual danger of governments exerting censorship or control. However, as is demonstrated in the paper’s final section, a multiplicity of mechanisms of support exist that could be adapted to the South African context, whilst seeking to minimise state control." (Abstract)
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"The article discusses the significance of the past in the planning of media policies in two neighbouring countries in Africa, namely Kenya and Tanzania. The theoretical frame is composed of four concepts: social imaginary, collective memory, domestication, and liminality. The scrutiny starts from t
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he last years of colonialism and ends with the present-day situation with online media. In both countries, the basic media approach is still distinctly top-down and focuses on authorities—either the state or market elites. Kenya appears as a representative of continuity, while the media history of Tanzania is filled with jerky turns. However, the Tanzanian mediascape comes closer to the ordinary person, thanks to the use of Kiswahili and colloquial vocabulary, while the press in Kenya remains very elite oriented. The far more advanced Kenyan information and communications technology (ICT) situation does not change the situation much, because at the citizen level, the emphasis in ICT development is on services, not citizens’ voices. The shadow of the state is strong." (Abstract)
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"In 2014, Cameroon enacted a broad anti-terror law as part of its effort to counter the extremist group Boko Haram, but authorities are using it to arrest and threaten local journalists who report on the militants or unrest in the country’s English-speaking regions. A presidential decree in August
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2017 ended legal proceedings against at least four journalists, but the laws that were used against them are still in place. RFI broadcaster Ahmed Abba remains in jail. With elections due to take place next year, many of Cameroon’s journalists say they are too scared to cover politics or sensitive issues." (Page 2)
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"The report provides an overview of the most recent rules, case law and policies across Europe with regard to the privileges that are given to journalists when exercising their activities. As a rule, when identifying the relevant legal aspects, three features are taken into account: the correspondin
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g provisions shall a) be aimed at guaranteeing through special information rights that media are able to fulfil their opinion-shaping function, b) ensure through special procedural mechanisms that freedom of the media is safe from state interference, and/or c) prevent people affected by media reporting from being in a position to suppress it under civil or criminal law without taking into account the freedom of the media." (Foreword)
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"This book is the first to incorporate current academic literature on European, transnational, and international media law into a comprehensive overview intended primarily for students. It introduces the legal framework for globalised communication via mass media, and considers the transformative ef
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fect globalisation has had on domestic media law. Engaging case examples at the beginning of each chapter and questions at the end give students a clearer idea of legal problems and encourage them to think critically. A wide variety of topics - including media economics, media technology, and social norms concerning media publications - are discussed in relation to media law, and numerous references to case law and suggestions for further reading allow students to conduct independent research easily." (Back cover)
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"Morocco’s 2015 Press Code eliminates prison as a punishment for speech offenses. This, on its face, represents progress for freedom of expression in a country where journalists and ordinary citizens have been locked up for “insulting” the king, questioning Morocco’s claim over Western Sahar
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a, or rapping about police corruption. The Red Lines Stay Red: Morocco’s Reform of its Speech Laws analyzes the laws governing speech offenses in Morocco and finds that the recent overhaul falls well short of securing freedom of speech as guaranteed by international conventions and Morocco’s own 2011 constitution. Imprisonment as punishment for crossing Morocco’s famous “red lines” – causing harm to Islam, “territorial integrity,” the institution of the monarchy, or the person of the king – is alive and well. While the new press code punishes “red line” offenses only with the suspension of publications, judges can, thanks to new provisions of the penal code, still hand down prison sentences for these offenses. In addition, the penal code continues to mandate prison sentences for other speech offenses such as “insulting” state institutions or state agents, and broadly defined notions of “praising terrorism,” “casting discredit on judicial decisions,” and “inciting hatred or discrimination." (Back cover)
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"There are currently 280 community broadcasting services (275 community sound and 5 community television services). According to AC Nielsen and All Media and Products Survey (AMPS) data, community broadcasting services collectively take up an audience share of 6.3 million people in South Africa. How
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ever, this has not necessarily translated into advertising revenue, for example Community TV has a 9.5% reach but only yield an advertising spend less than 1%. Likewise, Community radio reaches 25%2 of the population but only receives 2% of the advertising spend. At face value this can be attributed to the profile of the community sector’s audience, that is, this sector does not deliver audiences that are attractive enough to advertisers to derive revenue that is comparable to commercial and public broadcasting services. However, factors contributing to the success of the community broadcasting sector are more complex. The study highlights the fact that the community broadcasting sector’s challenges emanate from a lack of corporate governance, management capacity and revenue diversification strategies. There is also a limited concerted institutional support, capacity building and funding strategies for community broadcasting in South Africa. Currently the Authority ‘s regulation of corporate governance, financial accountability and community participation is limited. Given the time and resources expended on addressing compliance challenges associated with this sector, it may be necessary for the Authority to consider Regulations or guidelines to address these shortcomings." (Executive summary)
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"Indonesia has the potential for social conflict and violence due to blasphemy. Currently, Indonesia has a blasphemy law that has been in effect since 1965. The blasphemy law formed on political factors and tend to ignore the public neutrality. Recently due to a case of blasphemy by the Governor of
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Jakarta, relevance of blasphemy law be discussed again. This paper analyzes the weakness of the blasphemy laws that regulated in Law No. 1/1965 and interpretation of the Constitutional Court on the Law No. 1/1965. The analysis in this paper, by statute approach, conceptual approach, and case approach, shows the weakness of Law No. 1/1965 in putting itself as an entity that is neutral in matters of religion. This weakness caused Law No. 1/1965 set the Government as the interpreter of the religion scriptures that potentially made the state can not neutral. Therefore, the criminalization of blasphemy should be based on criteria without involving the state as an interpreter of the theological doctrine." (Abstract)
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"Since 2012, Russian authorities have intensified a crackdown on free expression, treating criticisms of the government as threats to state security and public stability and curbing privacy online. The government has introduced significant restrictions to online expression and invasive surveillance
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of online activity. Based on more than 50 interviews with lawyers, journalists, editors, political and human rights activists, bloggers and their family members, Online and on All Fronts: Russia’s Assault on Freedom of Expression documents this process. The report describes how the unjustifiable criminal prosecutions of dozens of people for social media posts, online videos, media articles and interviews, conflating criticism of the government with extremism are making Russians increasingly unsure about what kinds of speech are permissible and what could land them a large fine or a prison term. Following the 2011-2012 mass protests around Vladimir Putin’s return to the presidency and through summer 2017, Russia adopted new laws aimed at expanding government control over internet infrastructure and content. The authorities have also invoked numerous other laws that limit or can be used to interfere with free speech. This report analyzes these laws and assesses their impact on freedom of expression and information in Russia." (Back cover)
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"This book deploys an original comparative framework, as well as archival and pattern-matching research methodologies, to analyze whistleblowing cases from Peru, South Korea, Thailand and the United States of America and to ascertain factors that make for effective whistleblowing. After examining th
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e cases, the study concludes that external whistleblowing, extensive mass media coverage, and strong evidence are essential components of effective whistleblowing. When there is a lack of proper legal protection, whistleblowers experience brutal retaliation, even though their actions are successful in stopping wrongdoing and promoting change in the public sector." (Publisher description)
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"The article deals with the issue of establishing criminal liability for crimes against journalists. Areas of research on this subject are identified. The basic research and publications on issues are reviewed. The need for introducing such liability is investigated. It is indicated that several spe
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cial trains crimes against journalists were added to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Guarantees ofJournalistic Activities" Criminal Code of Ukraine: 1) threats or violence against a journalist (art. 345-1 of the Criminal Code); 2) intentional destruction or damage to property of a journalist (art. 347-1 of the Criminal Code); 3) attempt on the life of a journalist (art. 348-1 of the Criminal Code); 4) hostage seizure of a journalist (art. 349-1 of the Criminal Code). Deficiencies are identified in the existence of separate groups of crimes - crimes against journalists due to the presence in the existing criminal law norms that punish such acts. It is also concluded that the introduction of special rules to the criminal law Ukraine should be conditional on increased (or reduced) level of social danger of the act versus offense under the general rule. It is claimed that journalists should be provided protection by the criminal law, but without creating more competition and overloading the Criminal Code of Ukraine." (Abstract)
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"This study examines the voluminous case law of the European Court of Human Rights (“The Court”) relating to freedom of expression and defamation. It starts by clarifying the concept of defamation and positioning it in relation to freedom of expression and public debate. It explains how defamati
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on laws that are overly protective of reputational interests and that provide for far-reaching remedies or sanctions can have a chilling effect on freedom of expression and public debate. The principle of proportionality in respect of defamation laws and their application is therefore very important when it comes to preventing such a chilling effect." (Executive summary)
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"The central thesis of Crtl+Z is that a digital right to be forgotten is an innovative idea with a lot of possibilities and potential. The idea simply needs to be opened up, reframed, and restructured. The extreme options currently on the table limit the many ways to think about digital redemption a
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nd polarize regions. By utilizing new theories of privacy, breaking down the concept to organize its many meanings, and reframing the problem as one of information stewardship instead of information permanence, a host of choices become available for consideration. In order to make these difficult choices once they are on the table, the issues must be configured to fit within a digital discourse, existing legal cultures, and the international community. My approach to analyzing digital redemption is inherently comparative. The right to be forgotten is indisputably a European creation, but there is a great deal to be gained from studying digital redemption beyond European borders. The right to be forgotten sits at the intersection of change: change in national and transnational policy and change in everyday information technology practices, demands, and expectations. Situated in this unique position, the right to be forgotten encompasses many of the big questions surrounding information technologies and offers a particularly valuable site and moment for comparison of democratic information societies. Comparison among regional treatments of information technology should help us make sense of legal particularities and assumptions that otherwise go unnoticed." (Introduction, page 21)
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"Volume 2 of the Media Law Handbook for Eastern Africa is a practical guide for journalists practising in Kenya, Rwanda and Uganda. The handbook not only contains a comprehensive overview of applicable media laws for each country reviewed, it also contains suggestions on possible law reforms to impr
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ove the protection of media in these countries." (Publisher description)
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