"Inspired by “extra-market” initiatives to ensure media diversity in social-democratic Northern Europe, the Media Development and Diversity Agency (MDDA) is a path-breaking attempt by a developing country to support the media needs of marginalized communities too poor to be of interest to advert
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ising-driven commercial media. This paper examines the policy process towards the establishmentof the MDDA as a partnership between the state, capital, and civil society within the constraints of South Africa’s re-entry into a global economy that privileges “free market” solutions to developmental problems. Under these onditions, do partnerships between the state, the private sector, and civil society facilitate or hinder the achievement of social objectives aimed primarily at uplifting the poor and marginalized?" (Abstract)
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"We begin with an outline of areas of law that must be considered. Over time, across societies, it is possible to suggest specific areas of legal development that are essential for media law reform. In the first part of this study, we examine a substantial list of such areas, from defamation rules t
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o freedom of information (FOI). As to each media-specific area and areas of general application, we will provide an indication of how law can contribute or detract from establishing an enabling environment. To the extent possible, we will draw upon experiences in a wide variety of societies and transition states. In Section 4 we move to a discussion of the rule of law: conditions that make law effective, useful, and just in achieving a media structure that serves to bolster democratic institutions. This discussion addresses considerations such as the separation of powers, independence of the judiciary, and establishment of reliable regulatory bodies that are loyal to enunciated legal principles. We then turn to a somewhat broader set of enabling factors for the media - larger societal issues such as the state of the economy, the extent of demand for information, and the extent of ethnic and political pluralism before concluding with certain practical considerations on resources and techniques for enhancing an enabling environment." (Introduction)
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"These five country reports: on Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, provide a general overview of the current state of media affairs in the country concerned, focus on media legislation and cases of harassment of journalists and provide country-specific recommendations t
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o the governments on what can be done to improve the situation. Many of the remarks and opinions expressed are highly critical of the authorities, often concentrating on government-orchestrated campaigns against independent and opposition media. In some of these countries over the past decade journalists have fallen victim to the ultimate form of censorship: what I refer to as “censorship by killing.” Cases of “structural censorship,” which include numerous forms of indirect pressure on media through state-controlled monopolies on printing facilities and distribution, misuse of tax inspections, and other mostly economic and financial forms of pressure, are abundant in the Central Asian countries." (Preface, page 5)
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"Law and Ethics of the Media gives an overview on the legal contexts and institutional status of the media referring to particular national differences and settings. In addition, a variety of rules and principles as well as values - reflecting the ethics - which journalists are confronted with in th
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eir daily work are presented. In five chapters the authors focus at aspects like the "freedom of information" its "ethical" limits and restrictions, "standards of professional conduct" a balance of power (conflicts between the press and the public authority, the judiciary, economic interests etc.) as well as the function and role of media regulatory bodies or associations. Finally, concrete examples of (union) organisations and professional associations who defend the freedom of the press are given. Their respective addresses can be found at the end of the book. Written in an accessible style the aspects addressed in this practically-oriented book are frequently illustrated by examples from around the world while paying special attention to the media situation in African countries. A glossary and short bibliography round off this guide which is of use for all journalists interested in an introduction towards a "responsible" journalism." (CAMECO Media Forum 2003/1).
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"The "Law on Freedom of Press" passed in summer 1998 prohibited state ownership on media and fixed the establishment of public service broadcast media in Mongolia. This paper analyses the situation of electronic media, gives a description of endeavors to transform the broadcasting system in Mongolia
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before and after 1998 and provide proposals for improvement of the current bill on "Public service broadcasting." (Summary)
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"Too often the interests of the “producer” dominate in the evolution of IP policy, and that of the ultimate consumer is neither heard nor heeded. So policy tends to be determined more by the interests of the commercial users of the system, than by an impartial conception of the greater public go
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od. In IPR discussions between developed and developing countries, a similar imbalance exists. The trade ministries of developed nations are mainly influenced by producer interests who see the benefit to them of stronger IP protection in their export markets, while the consumer nations, mainly the developing countries, are less able to identify and represent their own interests against those of the developed nations. Thus we recognise that the rules and practices of intellectual property, and how they evolve, are the product of political economy. Developing countries - and in particular poor consumers of products which may be protected by IP rights - negotiate from a position of relative weakness. There is a fundamental asymmetry in relationships between developed and developing countries, based ultimately on their relative economic strength.
The negotiations on TRIPS in the Uruguay Round are but one example. Developing countries accepted TRIPS not because at the time the adoption of intellectual property protection was high on their list of priorities, but partly because they thought the overall package offered, including the reduction of trade protectionism in developed countries, would be beneficial. Now many of them feel that the commitments made by developed countries to liberalise agriculture and textiles and reduce tariffs, have not been honoured, while they have to live with the burdens of the TRIPS agreement. The agreement on a new “development” WTO Round at Doha last year recognises that this bargain, between developed and developing countries, needs to be made explicit and meaningful. The difficulty for developing countries in this context is that they are “second comers” in a world that has been shaped by the “first comers”. And because of that, it is a very different world from that in which the “first comers” developed. It is a cliché to say that we live in an age of globalisation, when the world economy is becoming more integrated. It is an article of faith in the international community that integration on appropriate terms into the world economy is a necessary condition for development. The question from our point of view is what are the appropriate terms for that integration in the field of IPRs. Just as the now-developed countries moulded their IP regimes to suit their particular economic, social and technological circumstances, so developing countries should in principle now be able to do the same." (Overview, page 7-8)
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