Thesis (D. Litt. et Phil. (Communication)) / This study is broadly conceived within the case study format, as is exemplified by the focus on the exploration of the orientations and operational contexts of a single media-support organisation, the Open Society Initiative for Southern Africa (OSISA). Within that research approach, the thesis examines the historical and ideological designs of OSISA, the rationale for its existence, and its interlocking linkages with international and Southern African-based media civil society organisations. The study argues that OSISA was formed in response to the evolving political situations in parts of Southern Africa in the mid-1990s, which include the collapse of apartheid in South Africa, and the crumbling of many authoritarian regimes on much of the rest of the sub-continent. With all these events taking place in a relatively short space of time, the initiators of OSISA saw a window of opportunity for supporting and influencing the political and social transformation processes, as well as spreading the ideology of social ‘openness’. As such, the thesis approaches OSISA as an institution that forms a part of the movement towards democracy or Westernisation. The study therefore documents and analyses the theoretical antecedents that contributed to the evolution of open society ideals, and their transplantation to Southern Africa. Thereafter, the study explores the nexus between OSISA and local civil society groups. This exploration is done from the theoretical assumption that no financial aid is given without strings attached. The study thus concludes that although locally based civil society organisations try to negotiate their operational spaces, in the final analysis, such groups are all embedded in (and expected to play a role within) the 9 modernisation project, of which OSISA is just one of many instruments in that grand global venture. Finally, the study proposes a few areas for additional investigations which could enhance our understanding of the global forces at work in Southern Africa. / Communication Science

Thesis (D. Litt. et Phil. (Communication)) / This study is broadly conceived within the case study format, as is exemplified by the focus on the exploration of the orientations and operational contexts of a single media-support organisation, the Open Society Initiative for Southern Africa (OSISA). Within that research approach, the thesis examines the historical and ideological designs of OSISA, the rationale for its existence, and its interlocking linkages with international and Southern African-based media civil society organisations. The study argues that OSISA was formed in response to the evolving political situations in parts of Southern Africa in the mid-1990s, which include the collapse of apartheid in South Africa, and the crumbling of many authoritarian regimes on much of the rest of the sub-continent. With all these events taking place in a relatively short space of time, the initiators of OSISA saw a window of opportunity for supporting and influencing the political and social transformation processes, as well as spreading the ideology of social ‘openness’. As such, the thesis approaches OSISA as an institution that forms a part of the movement towards democracy or Westernisation. The study therefore documents and analyses the theoretical antecedents that contributed to the evolution of open society ideals, and their transplantation to Southern Africa. Thereafter, the study explores the nexus between OSISA and local civil society groups. This exploration is done from the theoretical assumption that no financial aid is given without strings attached. The study thus concludes that although locally based civil society organisations try to negotiate their operational spaces, in the final analysis, such groups are all embedded in (and expected to play a role within) the 9 modernisation project, of which OSISA is just one of many instruments in that grand global venture. Finally, the study proposes a few areas for additional investigations which could enhance our understanding of the global forces at work in Southern Africa. / Communication Science

Adelaide Nga-yan Lau. / Thesis submitted in: December 2001. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2002. / Includes bibliographical references (leaves 152-158). / Abstracts in English and Chinese. / Introduction --- p.p. 1 -4 / Theoretical Framework --- p.p.5-25 / The Habermasian public sphere / Chapter ■ --- Universal access / Chapter ■ --- Topics of public concern / Chapter ■ --- Rational discussion / Gatekeeping in production / Chapter ■ --- Individual gatekeeping / Chapter ■ --- Organizational gatekeeping / Chapter ■ --- Impact of commercialization / Phone-in Programs as Media Public Spheres --- p.p.26-46 / Factors for developing public sphere / Chapter ■ --- Capitalism / Chapter ■ --- Freedom of expression / Media and political communication in Hong Kong / Political and social contexts of radio phone-in programs / Chapter ■ --- Period of germination / Chapter ■ --- Period of recognition / Chapter ■ --- Period of flourishing / Three radio phone-in programs in Hong Kong / Chapter ■ --- RTHK's Talkabout / Chapter ■ --- Commercial Radio's Teacup in a Storm / Chapter ■ --- Metro Radio's Metropolitics / Methodology --- p.p.47-55 / Data collection / Chapter ■ --- The Robert Chung case / Data analysis / Chapter ■ --- Content analysis / Chapter ■ --- Discourse analysis / Analysis I - Universal Access --- p.p.56-76 / Technologies enhance accessibility / Equal opportunity for callers / Selecting calls / Chapter ■ --- Screening in Talkabout / Chapter ■ --- Screening in Teacup in a Storm / Chapter ■ --- Screening in Metropolitics / What is universal access? / Analysis II - Topics of Public Concern --- p.p.77-96 / Topics initiated by the public / Handling of topics initiated by the public / Characteristics of pre-set discussion topics / Chapter ■ --- Characteristics of discussion topics in Talkabout / Chapter ■ --- Characteristics of discussion topics in Teacup in a Storm / Chapter ■ --- Characteristics of discussion topics in Metropolitics / Who sets the media agenda? / Analysis III - Rational Discussion --- p.P. 97 -114 / Opinions with grounds / Discourse analysis of discussion on the Robert Chung case / Chapter ■ --- Period of reticence / Chapter ■ --- Period of development / Chapter ■ --- Period of investigation / Chapter ■ --- Period of conclusion / What is rational discussion? / Conclusion and Discussion --- p.P.115-128 / Interpretations of three main criteria in the media public sphere / Organizational gatekeeping in the media public sphere / Chapter ■ --- Political economy of Talkabout / Chapter ■ --- Political economy of Teacup in a Storm / Chapter ■ --- Political economy of Metropolitics / One additional criterion 一 Pluralism / Reconsidering the media public sphere / Appendices --- p.P.129-151 / Bibliography --- p.P.152-158

This study investigates the interaction between freedom and limitation as applied to political expression and hate speech. The need for the limitation of hate speech, with its inherent risk of escalation into other serious crimes such as genocide, is established. The view of the South African courts is identified as pro-limitation but generally respectful of the right to freedom of expression. A lacuna in current constitutional law, common law and legislative remedies is evident and the various ways in which limitation can be effected are explored; the researcher finds for criminalisation as an effective measure to address this lacuna in hate speech regulation. The importance of complying with the international call for the criminalisation of hate speech is analysed. Insight is gained regarding what would be an effective model for criminalisation. Here lessons are taken from foreign comparatives that have successfully criminalised hate speech in the context of their cultural identity, history and social needs. Ultimately, a framework for effective hate speech criminalisation in South Africa is formulated. / Constitutional, International & Indigenous Law / LL.M

人民有言論、著作、出版、講學自由之權利，係由我國憲法第十一條所明文保障。而依照相關大法官解釋與學說，言論自由之意涵尚可包含廣電自由、通訊傳播自由與新聞自由。由以上的討論可以知道，我國大法官於第十一條言論自由的內涵中，試圖加入給予廣電媒體更多保障的特別性質基本權。本研究在綜合歷來大法官解釋與學者之見解，認為可將其對於廣電媒體的期待整理為一個上位的媒體自由之概念，而使廣電媒體有其獨立發展的空間。但所謂的媒體自由，並不能影響人民基本言論自由、傳播權及公民權之行使。 面對日趨複雜的廣電媒體問題，近年來解除管制已經成為一種世界性的潮流，其主要原因就在於對於言論自由的尊重，以及將其視為一個市場：政府的管制除了可能不當限制言論自由之外，更容易破壞市場的秩序。但學者指出，廣電市場與一般經濟學所認知的市場有性質上的不同，且若任由廣電媒體發展，將使得部份的人民無法享有合理的傳播權利。 為了解決此一爭議，學者有認為政府有憲法上管制廣電媒體的正當性。而如前所述，媒體自由並不能夠影響言論自由與公民權的行使，因此政府有義務落實上述的人民權利。至於落實的方法，便是對商業媒體進行更加嚴格的管制，而有效的保障少數人民。 惟上述市場論、管制論等方式皆有缺陷存在，本研究認為，較好的方式，應是以折衷的方法建立雙元的廣電體系，使商業電台與公廣集團各自擁有相當的組織，並且採取「不對稱的管制方式」。但要成立一個如此龐大的公廣集團，在應然性與憲法上都有必須解決的問題。於應然性上，在數位匯流的今天，公共電視可以藉由網路影音的方式而不受時間、頻道的限制成立公視二台甚至三台，是否有必要成為龐大的集團？若要成立此一龐大的公廣集團，首先遇到的將是應如何組織公廣集團，滿足我們對公共電視的想像？ 其次，建立理想的公廣集團，是否有憲法上之限制？首先遇到的，將是在滿足傳播多樣性下的憲法問題，例如為了落實原住民文化或女性主義，公共電視要求某單位應優先錄取原住民或女性，以增進節目製作的多元化，此種積極平權措施（Affirmative Actions）是否有憲法上的問題？其次，則是擴大公廣集團後，應如何處理過多的商業電台，此將涉及憲法上廣電自由、財產權等問題的實踐。 綜上所述，本文從傳播政策切入，並為其尋得憲法上之基礎，使國家有義務採取合理的雙元廣電體系，而落實人民的言論自由與平等公民權，進而與廣電媒體的媒體自由做適度調和。 / The Article 11 of the Constitution guarantees the people’s freedom of speech, publication, writing and teaching. According to the view point of Grand Justices and scholars, the freedom of speech also contains freedom of opinion via radio or television broadcast media, freedom of communications, and freedom of press. From the above discussionwe can know that Grand Justices try to give the radio and television broadcast media much special nature of the constitutional right in the Article 11 of the Constitution. This study integrates the opinion of the interpretation and the scholars, and consider that the constitutional right of the radio and television broadcast media can be the superordinate concept- freedom of media to make it develop Independently. But the freedom of media can’t impede the people’s basic freedom of speech, communication right and citizenship. Facing the problems of the growing complex media, deregulation becomes the world trend in recent year. The main causes are the respect of freedom of speech, and the theory of marketplace: the regulation of the government may violate freedom of speech, and distort the order of the market. However, people point out that the media market is different from the economics market in the nature. Besides, if we indulgedmedia, some people didn’t have had reasonable communication right. For solving this controversial, The Scholars think that the government can regulate the media with Legitimacy in the Constitution. As mentioned earlier, the freedom of media can’t disturb people’s freedom of speech and citizenship, so the government has the duty to ensure the value. As to ensure that, the government must regulate the commercial media strictly and protect the minority in effect. However, the Market Doctrine or the Regulation Doctrine is not perfect. The better method that this study considers is constructing the dual media system eclectically to make the public as the same strong as the commercial and take the “unsymmetric regulation”. Many problems have existed in ought-to-be and constitution if we wanted to construction the Public Broadcasting System. In ought-to-be, should Public TV be a System in convergence which can be as PTV2, PTV3 by internet? How to construct TBS to satisfy with our imagination? Second, Does the constitution limit the desirable TBS? Like the Diversity in the constitution, for example, is it unconstitutional that TBS make affirmative actions for aborigine or women? Besides, how should we limit the commercial media in freedom of media and property? Above of all, this study find the conclusion that the government has to make reasonable dual media system to protect people’s freedom of speech and equal citizenship from the commercial media.

The subject of this thesis was suggested to the writer in October 1931, by the History Department of the Western Kentucky State Teachers College. The writer at that time was considering a number of other subjects, but seeing that material could be located easily, and that the field suggested by the subject had not been covered, this subject was chosen. When much of the material had been located and examined it was clearly seen that the material in the field could be grouped under two heads and given this title, “Career of Edward Ward Carmack and the Cooper-Sharp Trial”. Most of the material was found in the newspaper files of the Tennessee State Library of Nashville, Tennessee, which had the Nashville Tennessean, Nashville Banner and the Nashville American on file for the period involved. Some secondary material was also found in this library. The Peabody Library of Nashville also furnished some materials, such as speeches and a few other articles from secondary sources. The Louisville Free Public Library furnished some of the material, mostly secondary material which covered other phases of the history of the state through this period from 1858 to 1909. The Library of the Western Kentucky State Teachers College furnished some source material such as Congressional Records, Historical Society reports and papers, and also a good supply of secondary material. It is the aim of the writer to give a good historical account of E.W. Carmack’s life and the stormy times in Tennessee surrounding his death. The effort was made to secure as accurate information as could be found. However, it may seem, the material upholds the statements made in all cases noted.

in English Protection of the freedom of speech by the European Court of Human Rights The purpose of my thesis is to analyze multiple aspects of freedom of speech as protected by European Court of Human Rights. The reason for my research is to follow the development in this particular area and to produce basic reference material for students and other human rights enthusiasts concerning freedom of speech and its extensive case law. Firstly, there is brief introduction to this thesis, followed by two logically divided chapter. Chapter one is divided into 2 logical clusters, first covering quick introduction into history of European Court of Human Rights, second mainly focused on development of doctrines concerning freedom of speech case law. There are specifically covered doctrines of evolutive interpretation, limitation clause and proportionality test, margin of appreciation. Chapter two is divided into five subsection, covering general and specific aspects of freedom of speech. Subsection one is focused on history of freedom of speech and it`s common background with other freedoms protected under European Convention on Human Rights. Subsection two function as introduction of freedom of speech and its general influence on European Court of Human Rights. Three following subsection are logically...

The primary aim of this Master thesis entitled "Freedom of the Media versus Public Figures' Right to Privacy" is to investigate and analyse the conflict between freedom of the media and right to privacy of public persons. The thesis is formally structured into eight thematical chapters and two parts- theoretical and analytical. The theoretical part of the thesis provides legal, philosophical and media background for further analysis in the special part of the thesis. The analytical part deals with selected case studies of media photography conflicting with right to privacy of public figures. First chapter focuses on the freedom of speech and freedom of the media in historical, legal and philosophical perspective, deals also with the problem of censorship and technological challenges in the postmodern electronic age of the internet. Second chapter critically examines the concept of watchdog journalism in democratic system with special interest in the debate on the current affairs of the British media system. Third chapter deals with right to privacy and reflects also on the fluid concept of privacy in the era of social networking. Fourth chapter analyzes so-called public figure doctrine, celebritization and mediatization of politics and also discusses the collision between free speech and privacy....

This thesis deals with the qualitative text analysis of media discourses related to the 7th January 2015 terrorist attack on French satirical magazine Charlie Hebdo's staff. In accordance with social constructionism theory, the term terrorism is here understood as a social construct and mass media is considered to be one of the social construction agents. The objects of analysis are journalistic texts published during the one-month period of 7th January - 7th February 2015. As a resource for the analysis I have chosen the daily newspaper Lidové noviny, the weekly magazine Týden, online newspaper IHNED.cz and TV programme Události, komentáře. The texts were analysed through the combination of grounded theory method and four steps of foucaultian discourses analysis described by Carla Willig. The aim of this paper is to discover and to interpret the most significant discursive constructions of Charlie Hebdo terrorist attack that appeared in the Czech media, to situate the same discursive object within wider or global discourses, to describe positions that discourses make available or attribute to the subjects and social actors, and to define the practices arising from these discourses. The media event of Charlie Hebdo attack has been closely related to the topics of freedom of speech, 9/11 terrorist...

La liberté d'expression intervient dans différents domaines, et bénéficie de la protection des constitutions nationales ainsi que des conventions internationales. Toutefois, la question se pose de cette protection s'agissant du domaine commercial. La reconnaissance d'un discours commercial constitutionnellement et conventionnellement protégé est le fruit de nombreux revirements de jurisprudence, mais demeure encore contestée par une partie de la doctrine. Consacrer la liberté d'expression commerciale en tant que droit fondamental ne permet dès lors pas uniquement de renforcer sa protection, mais aussi de créer un rapprochement entre les droits fondamentaux et le droit économique. En effet, la nature économique du discours commercial est au coeur des débats dont il est l'objet, et l'amène à être confronté, d'une part aux autres droits et libertés, d'autre part aux droits de la propriété intellectuelle et des nouvelles technologies. La présence de la liberté d'expression commerciale au sein de ces derniers témoigne de la diffusion des droits fondamentaux dans l'ensemble du droit. Enfin, la reconnaissance de cette nouvelle liberté fondamentale, relevant à la fois des droits civils et des droits économiques, met en lumière un renouvellement des typologies de classification des droits fondamentaux. / The freedom of speech takes place in differents domains, and receives protection from the national constitutions and international conventions. However, concerning the commercial domain, the question of its protection may be asked. The recognition of a constitutional and conventional protection of the commercial speech is the result of many turnovers Court, but still remains disputed by some doctrine. To devote the commercial speech as a constitutional right can not only strengthen its protection, but also to create a connection between economy and the consitutional rights. Indeed, the economic nature of the commercial speech is in the middle of the discussions which it is the object, and causes it to be confronted on the one hand with the other constitutional rights, and on the other hand with the right of intellectual property and of new technologies. The presence of the commercial speech in these reflects the spread of the constitutional rights in the whole law. Finally, the recognition of this new constitutional right, under both civil and economic rights, highlights a revitalisation of the classifications' typologies of the constitutional rights.