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...

Existem alguns assuntos que mesmo tendo relevância do ponto de vista jornalístico muitas vezes não fazem parte dos noticiários. Por interesses ideológicos, econômicos ou políticos ocorre um processo de silenciamento sobre temas que passam a não figurar em reportagens ou mesmo em pequenos textos noticiosos nas páginas dos jornais. Por meio desta pesquisa de dissertação, procurou-se investigar especificamente os conteúdos relacionados ao sistema prisional brasileiro publicados nas primeiras páginas dos jornais Folha de S. Paulo e O Globo. Durante um período de três anos consecutivos, todas as capas foram analisadas, bem como suas respectivas matérias jornalísticas das páginas internas que faziam referência ao esse sistema. A partir daí foi possível identificar ausências, lacunas ou omissões de tópicos importantes para a compreensão e contextualização da complexidade do universo que compõe os procedimentos legais de investigação, julgamento e execução penal, tanto quanto as condições em que isso é realizado. Tal identificação se deu através do cruzamento das informações contidas nas matérias analisadas com as informações, na íntegra, das fontes de domínio público que eventualmente fizeram parte desses textos. / There are some issues that even having a journalistic relevance are often not part of the news. By ideological, economic or political interests, a process of silencing takes place on subjects that do not appear in reports or even in small news texts on the pages of newspapers. Through this dissertation research, we sought to investigate specifically the contents related to the Brazilian prison system published in the first pages of the newspapers Folha de S. Paulo and O Globo. During a period of three consecutive years, all the covers were analyzed, as well as their respective journalistic articles of the internal pages that made reference to this system. From that point on, it was possible to identify absences, or omissions of important topics for understanding and contextualizing the complexity of the universe that makes up the legal procedures for investigation, prosecution and criminal execution, as well as the conditions in which this is done. Such identification took place through the crossing of the information contained in the analyzed material with the information of the sources of public domain that occasionally became part of these journalistic texts.

Thesis (Ph. D.)--Ohio State University, 2006. / Title from first page of PDF file. Includes bibliographical references (p. 214-225).

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 (doctoral)--Westfälische Wilhelms-Universität, Münster, 2004. / Includes bibliographical references (p. [295]-309) and index.

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