Critically examines the regulation of media through the Press and Journalists Act in Uganda. Also makes a comparative analysis of different forms of media regulation in other jurisdictions and recommends best practices which might be useful for Uganda / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Frederick Jjuuko, Faculty of Law Makerere University Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This thesis deals with cases of conflicts of personality rights with the activities of the media, which representing the exercise of freedom of expression and right to information. It focuses primarily on answering these questions: how is the personality of individuals protected against unauthorized interventions of media in our legal system, what is considered as appropriate and what as an inappropriate interference with the personal rights of individuals and whether an individuals in whose personal rights have been infringed by the media, can obtain adequate reparation for the harm that was caused them by unauthorized intervention. The thesis is divided into six parts. The first part is the introduction, which describes the main focus of the work and questions with which the work deals. The second part is devoted to a treatise on the general format of personality rights according to the general rules contained in Law No. 40/1963 Coll., The Civil Code. The third part of this thesis deals with ways how are the personality rights protect in the media rights standards contained in media law and it also describes the most common forms of interferences between media and the personality rights of individuals. Because in the course of making this work took effect the new Civil Code No. 89/2012 Coll. The...

The study is undertaken on the premise that the technological advancement of blogs has not only accorded a novel platform for communication, but has also democratised the right to exercise political expression in Malaysia. Blogs have on numerous occasions outpaced restrictive laws that were enacted to curtail the exercise of this fundamental right and have caused great challenges in applying the existing specific media laws to online content in the blogosphere. The main purpose of the study is to resolve the legal uncertainties faced by bloggers in disseminating political speech under the existing laws of the country and to analyse the legal position in the United Kingdom as a comparative model or reference to the issue. In so doing, the study examines the general principles and restrictive laws to freedom of expression and the application of these rules to political blogs, scrutinises the statutory rules and regulations that are currently being employed to govern the traditional media and the Internet as well as other relevant general legislation, in particular the law of defamation, that has been commonly employed to regulate blog entries and comments by readers in both countries. The study concludes that although offline and online content should not be treated differently and certain regulatory controls are undoubtedly necessary to prevent misuse of political blogs by unscrupulous persons, any legal measures to be adopted by the Malaysian government to govern political blogs should take into account the rapid development of various forms of Internet based communications and be proportionate in light of current needs and the local circumstances of the society.

in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...

Thesis (Ph. D.)--Ohio State University, 2008. / Title from first page of PDF file. Includes bibliographical references (p. 122-135).

Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2009. / Includes bibliographical references (leaves 301-313). Also available online.

Thesis (J.C.L.)--Catholic University of America, 2004. / Includes bibliographical references (leaves 59-64).

65 IX. Summary This diploma thesis titled "The comparison of the approaches of the European Court for Human Rights and the Supreme Court of the USA to some aspects of the freedom of expression" is focused mainly on comparison of both mentioned approaches to hate speech. After the opening chapter that set goals of this thesis and explains topicality of the topic and the reasons why I have chosen the topic, in second chapter the concern is focused mainly on a general introduction, historical outcome to the freedom of expression and its importance in Europe and in the USA. In the overview of European historical outcome the chapter is concerned with the thinkers as John Milton and John Stuart Mill among the others. In the historical outcome of the USA I put my interest mainly to the outcome before enacting the First amendment of the Constitution of the USA. In third chapter, that is fully concerned with analysis of the contemporary approach of both courts to hate speech, firstly I provide general analysis of the approach of ECHR that is linked to the specific analysis of the particular decisions of the ECHR. I proceed in the same way in case of the USA, where I am describing the general principles that makes grounds for the freedom of expression and in the next part I focus to the particular decisions that are...

Enacted after a protracted review process characterised by many false starts, tensions and at times violence, the Constitution of Kenya 2010 envisions a radical break from a politically repressive past. It envisages extensive political transformation; a momentous shift in the political configuration of the polity in terms of its governance structures and the equilibrium of power among its institutions. It also entails a change in the normative arrangements, culture, attitudes and practices that surround politics and the exercise of public power. Crucially, as part of the transformation project, the Constitution has made a resolute commitment to fundamental rights and freedoms. Key among these is the right to freedom of expression. Freedom of expression enjoys protection in democratic constitutions around the world and in international law, albeit in different formulations. The right has repeatedly received affirmation in apex courts, including in Kenya, as the ?bedrock of democratic governance,? and similar praises. Except for jitters raised by the recent enactment of a plethora of expression-restricting laws and increased controversial prosecutions, there has been a general assumption that the protection of the right in Kenya is solid. This study aims, in part, at evaluating and deconstructing that assumption. In particular, the thesis answers the following research questions: (a) what is the nature and scope of the right to freedom of expression and its limitations in Kenya? (b) what are the transformative goals of Kenya?s 2010 Constitution? (c) what is the role of the right to freedom of expression in Kenya?s project of transformation?, and (d) do the limitations of freedom of expression under Kenyan law meet the standards of the 2010 Constitution? The thesis concludes that the transformation envisaged in the Constitution cannot be complete without fundamental changes in the law, practice and attitudes that surround freedom of expression. This is because, as the thesis shows, freedom of expression has the role of legitimating, facilitating, and defending the envisioned change. While the Constitution has created a framework with the potential to support transformation, freedom of expression restrictions contained in statutes, English common law and judicial precedents undercut the protection of the right. In other words, while some of these restrictions serve legitimate purposes, the constitutional validity of others is suspect. This situation, in turn, undermines the transformative aspirations of the 2010 Constitution. / Thesis (LLD)--University of Pretoria, 2016. / Centre for Human Rights / LLD / Unrestricted

Discrimination againts consumer in the provision of goods and services Abstract The topic of this thesis is the prohibition of discrimination of consumers in the provision of goods and services. Recently, this issue has been the object of interest thanks to the Constitutional Court's judgment from 17 April 2019, in which the Constitutional Court dealt with consumer discrimination directly. The aim of this thesis is to analyse the concept of discrimination in the area of provision of goods and services and to compare the principle of non-discrimination with other principles acting in conflict. For this reason, the thesis is divided into two main parts. The introduction is followed by the first part that is fully devoted to the analysis of the concept of consumer discrimination and other terms related to it. The second part of the work deals with the principles against which the principle of non-discrimination directly acts. The first part, entitled Consumer Discrimination, is divided into five subchapters. The main introductory chapter deals in detail with the analysis of the concept of discrimination and deals with discriminatory criteria in individual subchapters. The second chapter mentions cases of different treatment, which by law are not and cannot be considered as discrimination of the consumer. The...