This investigation deals with a change of congressional attitude concerning violence in entertainment media, from noninterference to investigation to initiation of research. The data are primarily from official government records. This study first examines a period of congressional reluctance to interfere with the violent content of movies and radio in 1929-45. Next examined is the period 1945-68, when Congress actively investigated media violence,, focusing on television. Finally, the study examines congressional activity concerning television violence in 1968-74 and the Surgeon General's report on television violence. This report concludes that, by 1955, the pattern of congressional interest in media violence had turned from reluctance to activity, -and discusses the likelihood of future control of television program content.

University of Macau / Faculty of Law

Le présent mémoire se penche sur la constitutionnalité des articles 517 et 539 C.cr., qui prévoient des ordonnances de non-publication à l'enquête sur mise en liberté provisoire ainsi qu'à l'enquête préliminaire. L'auteur présente d'abord les modalités d'application de chacune de ces ordonnances. Suit ensuite un portrait de la jurisprudence sur la constitutionnalité de ces deux dispositions. L'auteur applique par la suite aux dispositions le test élaboré dans l'arrêt Oakes. Il conclut que l'objectif des dispositions, qui consiste à assurer un procès équitable à l'accusé, est urgent et réel. L'auteur constate ensuite que le critère du lien rationnel n'est pas satisfait puisque, ordonnance ou pas, les informations préjudiciables pour un accusé seront de toute façon dispersées dans le public, notamment grâce aux nouvelles technologies de l'information. À défaut de profiter d'informations fiables retransmises par les médias, le public devra se concentrer sur les rumeurs non vérifiables propagées par le Web. Le critère de l'atteinte minimale est également examiné. L'auteur estime que ni les récusations motivées, ni le changement de venue, ni les directives aux jurés ne sont en mesure de remplacer des ordonnances de non-publication. Enfin, l'auteur estime que les articles 517 et 539 C.cr. échouent le critère de proportionnalité entre les effets préjudiciables et les effets bénéfiques. En conclusion, comme alternative aux interdits de publication, l'auteur propose une réforme du processus de récusations motivées. / This thesis examines the constitutionality of sections 517 et 539 of the Criminal Code, which permits the judge presiding over a bail hearing or a preliminary inquiry to impose a publication ban. The author explains the way these bans are applied. He then reviews the existing case law regarding the constitutionality of these sections of the Criminal Code. In the second part of his thesis, the author applies the Oakes test to both sections. He first deals with the contextual factors to be considered in the analysis. He then examines the objective of the sections, which is to protect the right of the accused to a fair trial. He concludes that this objective is pressing and substantial. On the other hand, the rational connection test is not satisfied, because even with a ban, the prejudicial information will still be transmitted to the public through new technologies such as the Internet. If no information is allowed to be published by the journalists, the public will have to rely solely on rumours and possibly false news circulating on the Web. The minimal impairment test is also examined. Neither challenge for cause, nor change of venue or judicial instructions can replace effectively publication bans. Applying the last part of the Oakes test, the author fails to find that the deleterious effects of publication bans are proportionate to their salutary effects. In conclusion, the author briefly proposes a reform of the challenge for cause process.

This thesis investigates whether institutional journalism should receive special treatment at the hands of the law. Special treatment encompasses the affording of benefits to and the imposition of liabilities on journalistic institutions and the individuals who work for them. The arguments against special treatment are pragmatic and theoretical: pragmatic arguments emphasise, inter alia, the difficulty of providing a definition of journalism, and theoretical arguments emphasise the difficulty in explaining why special treatment can be coherent. The former can be addressed by describing how special treatment is already afforded to institutional journalism, both liabilities and benefits, to individuals and institutions, and showing that some of the problems foreseen by the pragmatic arguments have not proved as difficult as they appear. The arguments that special treatment is incoherent can be addressed by arguing that the credibility and assessability of institutional journalism still provide a prima facie rationale for special treatment irrespective of the rise of public speech on the Internet, when combined with the integral nature of journalism to democracy. Two basic arguments are advanced why this is so. The first, the free speech values argument, is a consequentialist account that holds that special treatment is appropriate when (or because) institutional journalism contributes to free speech values. It is attractive, but presents difficulties, both when considered in the abstract and when applied to the free speech value of democracy. The second, a rights-based argument, based on the notion that freedoms of speech and of the Press are distinguishable, can be based on either on Dworkin’s theory of rights as trumps or Raz’s theory of rights as interests. Raz’s account is preferable, as it complements the free speech values thesis in explaining the coherence of special treatment.

Text in English / Born at a time of abundance of technology, including new media, e-teens have their lives woven around the use of new media technologies to the extent that they virtually do everything with the aid of these technologies, including learning, playing, socialising and communicating. E-teens, besides, demonstrate marked expertise in the use of these technologies. Although there have been various studies done on this group of users supported by models and theories on the use, gratifications and appropriation of new media technologies, the premise of this study was on two assumptions. First, there are limited studies that have been conducted in the sub-Saharan African context, especially, Ghana. Second, most available theories and models that guide the study of e-teens’ use, appropriation and the use of new media technologies are generalized and do not sufficiently highlight the unique attributes and gratification needs that are tied to their developmental stage. In light of these assumptions, the study was undertaken to provide empirical evidence on the types of new media e-teens have access to; the types of new media used by e-teens in their scheme of things and e-teens’ purposes for using new media. It also sought to find out the gratifications sought and obtained from the use of new media technologies by e-teens; the key features of new media appropriation and experience among e-teens and to identify the features of new media technologies which are most appealing to e-teens. The other objective, which serves as the main contribution of this study, was to develop a conceptual model representing new media use and appropriation among e-teens, thereby filling the theoretical or conceptual gap that exists in this context. The study adopted a quantitative approach whereby data was collected using close-5ended questionnaires. The target population were teens from age 13 to 19 in senior high schools in the Greater Accra region of Ghana, selected using a simple random sampling. The results of the study show that, overall, the most popular new media technology that e-teens had access to and owned was the smartphone. Leading among the apps that e-teens found to be appealing were educational, entertainment and information/news, with communicative and participatory features of new media technologies appealing to e-teens highly. Also, educational, sociability and social inclusion, respectively, were the most popular gratifications sought and obtained by e-teens. It is submitted that social inclusion, educational and sociability gratifications are considered to be directly in line with the unique developmental needs of e-teens. However, it is recommended, among other things, that educational use of new media, which was one of the strong points for new media use, should be further encouraged as new media provides borderless opportunities forlearning. The researcher believes that the conceptual model for e-teen use and appropriation of new media technologies provide a firm ground for further research on topics related to this subject matter. To provide support and substance to the e-teen model, other researchers are encouraged to test and extend it where necessary. In conclusion, the findings provide evidence that new media technologies are highly appropriated by e-teens because the technologies help them meet their unique gratification needs. Therefore, the study recommends that, although new media use among e-teens can be encouraged, it is important to ensure proper usage, which will not be detrimental to them. / Communication Science / D. Litt. et Phil. (Communication)

Cyber bullying is a growing phenomenon in schools all over the world, and it is evident that cyber bullying presents certain unique problems for schools in the regulation thereof. From the number of different definitions of cyber bullying, it is also evident that there is no clear concept of the exact nature of cyber bullying, and how it should be addressed in schools. The existing legal framework in South Africa can be used to address cyber bullying in schools, but there is no legislation or policy that is directly aimed at the regulation of cyber bullying at school level. The purpose of this research is to develop a law and policy framework for the effective regulation of cyber bullying in schools. Firstly, a literature review was conducted to determine the nature of cyber bullying and to examine how cyber bullying in American schools is regulated by law. Secondly, a literature study determined the human rights obligations with regard to protecting learners against cyber bullying, and reviewed how current South African law and policy speaks to addressing cyber bullying in schools. In order to investigate the occurrence of cyber bullying in South African schools practically, a case study was conducted at a South African school. All the resources mentioned above were used to develop an education-specific law and policy framework to address cyber bullying in South African schools effectively. This framework includes a suggested insertion in the South African Schools Act, draft Guidelines for the regulation of cyber bullying in schools, draft provisions for schools’ Codes of conduct for learners and an information brochure on cyber bullying. / Public, Constitutional and International Law / LL. D.

This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data protection law as the protection of the rights to privacy and identity are interlinked with data protection in that data protection assumes importance when there is processing of personal information on SNSs. The study seeks to determine whether South African law provides adequate protection for the interests that form the object of these personality rights, and highlights certain shortcomings, particularly in the context of SNSs. It also suggests solutions where there are shortcomings by learning from other jurisdictions. Related issues investigated are: who should be held responsible for the user-generated content uploaded on SNSs; the role of the Internet Service Provider (ISP); and how to deal with anonymous defendants. / Private Law / LL. M.

1.\ / Doctorat en droit / info:eu-repo/semantics/nonPublished

This study focuses on the factors shaping innovation in online newsrooms in three nations of the Arab World, with particular interest in the adoption of multimedia news innovations. Applying theoretical perspectives from the social shaping of technology and the diffusion of innovation literature, this study sought to identify the key factors shaping the innovation process. Field studies were based in three Arabic newsrooms: Aljazeera Net in Qatar, Almasry Alyoum in Egypt, and Almassae in Morocco. The case studies are grounded in two weeks of participant-observation field research within each online newsroom, along with over 100 in-depth interviews with those involved in the production of online news, and online archival reviews of the three news portals since their inception. Field research began with participant observation at Aljazeera in 2010, prior to the uprisings of the Arab Spring, and continued through early 2013. The political context of each newsroom during the field research became a major aspect of the innovation process of each case study. The thesis reinforces a wide range of social, economic, and organizational factors in the adoption and adaptation of multimedia technologies in the newsrooms studied, supporting earlier research on newsroom innovation across other regions of the world. For example, conceptions about ‘ideal’ industry multimedia models for the modern newsroom were important in each case. However, in the political context of events related to the Arab Spring, the overriding importance of the larger political context emerged in each case. The significance of this observation suggests that research on news organizations cannot take the political context for granted and should more explicitly embed it in discussion of the social shaping of innovation, even under more stable and liberal political conditions. There is a relative lack of systematic empirical research on Arabic newsrooms among studies of news innovation. Looking at the political context of emergent or weak democracies and their influence on modern multimedia newsrooms especially during crisis events, therefore, can contribute to the development of theory and research in Western democracies; and reintroduce politics into theories of innovation within modern newsrooms. This study suggests that future scholarship brings politics into the study of the social shaping of newsroom innovation without losing the many significant advances of existing research in more liberal democratic Western contexts of the multimedia newsroom.

Le stade est un lieu de concentration du droit public. La focale se porte donc sur l’étude du régime juridique des « grands stades » pour reprendre l’appellation retenue par le rapport de la Commission Euro 2016. L’objet de cette étude est de démontrer les interactions réciproques entre le stade et le droit public. Notre étude se concentrera sur les problématiques juridiques nationales portées par les profondes mutations du stade et de son droit. Marqué par la diversité des contrats qui sont à la source de leurs constructions ou rénovations, le régime juridique de la propriété du stade détermine ses modes de gestion. Longtemps lieu du service public du sport, la professionnalisation de celui-ci a engendré quelques mutations quant au régime juridique de la domanialité du stade. Cette concentration se révèle également dans l’opération d’urbanisme et d’aménagement du territoire que constitue un stade. S’inscrivant dans une politique globale de financement du sport où l’intervention publique demeure élevée, le stade se confronte aux contraintes des finances publiques. Le stade est lieu de rassemblement où le public vient assister à un spectacle sportif. Il convient d’encadrer tout débordement susceptible de troubler l’ordre public. En tant que réceptacle du spectacle sportif, le stade est un lieu d’exploitation commerciale. / Stadiums are places where public law cannot be overlooked. This thesis focuses therefore on the juridical regime of the so called “grands stades” (stadiums contrary to sport fields) quoted as such in the Euro 2016 commission report. The main purpose is to demonstrate interlinks between stadiums and public law. This study concentrates on national juridical issues raised by changes in stadiums and thus in laws related to it. Indeed the juridical regime of stadium property, through the wide diversity of contracts qualifying the frame for construction or renovation, defines how stadiums are managed. For a long time stadiums have been considered for public sport practices, however professionalization led to modifying this juridical regime. Urbanism and spatial planning operations prior to stadium constructions have also underlined this evolution. The global financial policy for stadium development requires high public sector intervention therefore making it also subject to public financing constraints. Stadiums gather people to watch sport events. It is important to provide a frame to avoid any excess that could lead to disturbances of public order. As a recipient of sport events, stadiums are places of commercial exploitation.