The aim of this study is to present information to members of the South African press, academics in the field of journalism as well as individuals of the South African public who have a keen interest in printed communication in South Africa. The information presented discusses the practice of self-regulation in the South African press, through a study of the Press Council of South Africa (PCSA), the Press Ombudsman and the Press Appeals Panel that is a non-governmental organisation to regulate the press in South Africa. This study will include an analysis of the functions of the Press Ombudsman, the PCSA, the Press Appeals Panel, as well as the role of the constitution of the PSCA and the South African Press Code, which the PCSA uses as a guideline for publications that subscribe to it. Furthermore, a study into the complaints procedure and the determination of the outcome will be done in addition to the sanctions imposed on publications and journalists in breach of the Press Code as well as the acknowledgement given to individuals who have lodged a complaint to the Press Ombudsman, and the article or publication they have complained against had been in breach of the press code. In addition, this study will analyse the outcomes of selected complaints submitted to the PCSA as well as an analysis of submissions made to the PCSA task team and the Press Freedom Commission, an independent commission that was set up to research the regulations of the press. It was found that the PCSA strengthened the system of regulation with the help of the public. It is apparent that the organisation took into account many of the points raised in public submissions. Although the system is self-regulatory it is important to take note that it values and upholds the views of the public. Although though the sanctioning of wayward newspapers was not severe, it had become more defined in the amended code. A point of concern that did not improve over time is the time frame that the Press Ombudsman‟s Office took to resolve the disputes. The delays caused in some disputes were caused by loop holes in the press code and complaints procedure as well as defiant journalists. The PCSA is currently being restructured. As a society changes, the press industry needs to adapt to its needs. This means that the press code will have to constantly be developed to suit society‟s rapidly changing needs. The PCSA has attempted to meet those needs by constantly changing to ensure that the regulatory structure remains relevant.

為了避免代議民主所產生的政治疏離感，加強公民間的聯繫以及政治參與，審議式民主近年來受到相當廣泛的討論。審議式民主的核心概念乃是透過人民深思熟慮的審議，以理性溝通、公開論理的方式，在決策過程中充分表現公民的多元觀點，獲得更高的民主正當性。審議式民主政治中，為了能透過開放的討論過程，達成公共審議的目標，公民勢必需要瞭解公共議題的各種不同多元觀點，而這恐怕並非目前商業化競爭機制中的媒體所能提供的。欲解決民主政治與媒體商業競爭所造成的惡性循環，本文乃提出審議式民主與大眾傳播媒體互相配合的論點，政治改革與媒體改革同時進行，一方面透過政治參與以凝聚公民意識，並改善媒體市場競爭亂象，如此方可能有效的打破媒體與政治的惡性循環，為民主生活的實踐帶來新契機。

The purpose of my thesis is to analyse private law limitations of freedom of expression in media with respect to case-law. The study focuses on the limitations of freedom of expression in relation to natural persons. Since the aim of the study is to compare the Czech and German legal regulation, particular emphasis is put on the comparative method. I tried to evaluate legal regulations in both countries, to what extent they overlap, what they have in common and what they differ in, or alternatively to what degree they can inspire each other. Besides introduction and conclusion, the study consists of four chapters. The first chapter is subdivided into two parts. Part one describes media, their basic definition and characteristics, as well as their role and function in the jurisprudence. Part two deals with the definition, constitutional protection and classification of the "communication" fundamental rights and freedoms - freedom of expression, right to information and freedom of the press (media). Chapter two focuses on the protection of personal rights in the media context. Part one examines their importance and constitutional protection, part two describes specific individual personal rights, and part three illustrates the postmortal protection of personal rights. Chapter three presents the...

M.A. University of the Witwatersrand, Faculty of Humanities (Journalism and Media Studies), 2012 / The relationship between governments and the media has historically been an antagonistic one, and investigative journalism – the material manifestation of the role of the press as fourth estate – is central to this antagonism. In their capacity as the fourth estate, those newspapers that pursue and publish investigative journalism stand in opposition to government. Governments have responded to this opposition in a variety of ways; mostly, however, by way of legislated censorship of the press. In South Africa, the legislation that regulated what newspapers could print under apartheid was unusually vast. In spite of this, major exposés of government corruption – and worse – were seen on the front pages of those publications that pursue investigations into political malfeasance. In South Africa’s post-apartheid democracy, with constitutional protection of the freedom of expression, there has been increasing evidence of what Jackson has called the “embedded qualities of intolerance and secrecy” (1993: 164) in the state’s response to revelations of corruption in the press, culminating in the Protection of State Information Bill that was passed in Parliament in November 2011. The passing of the Bill has resulted in widespread concern about the possibility of legislated, apartheid-style censorship of the media and freedom of expression. I interviewed five editors who were part of exposing state corruption during and after apartheid, in order to establish what motivates their decisions to keep on printing stories that brings them into conflict with the political powers of the day, in spite of the financial consequences for their publications. Regardless of the different political landscapes, the strategies that they followed in order to keep on publishing were remarkably similar, as is their reason for continuing to publish investigative stories: they believe it embodies the role of the press in a democracy. Indicators are that editors will keep on publishing, in spite of attempts by the government to gag the press.

Notre sujet de thèse porte sur la contribution des journalistes caribéens au processus démocratique à travers le traitement des événements socio-politiques majeurs entre 1989 et 2009. Il s’agit de la tentative du coup d’état de juillet 1990 à Trinidad-et-Tobago et du mouvement social de 2009 en Guadeloupe.Cette étude part d'un état des lieux des concepts de journaliste, de démocratie et de liberté de la presse. Cette thèse vise à interroger le terme « démocratie » et l'éthique des journalistes. Il existe des chartes déontologiques, édictées par la profession des journalistes, qui reprennent les principes démocratiques. Nous avançons donc l'hypothèse selon laquelle les journalistes sont de véritables acteurs du processus démocratique. Garants de la démocratie, ils ont aussi une responsabilité sociale envers les citoyens.Cette recherche vise à analyser les événements socio-politiques majeurs dans les deux territoires entre 1989 et 2009. A travers ces événements, il s'agit de montrer la manière dont les journalistes contribuent au processus démocratique. Notre méthodologie consiste à analyser les articles de presse et les entretiens semi-directifs avec les journalistes pour comprendre comment ils travaillent et comprendre leur concept de liberté de la presse. / The present research deals with the involvement of Caribbean journalists in the emergence of democracy through media coverage of the major socio-political events between 1989 and 2009. It is the attempted coup d’etat in Trinidad and Tobago in July 1990 and the social movement in Guadeloupe in 2009.This study starts by defining concepts such as journalists, democracy and freedom of the press. This thesis aims at examining the term “democracy” and journalists' ethics. There are democratic principles in the code of ethics written by journalists themselves. This leads me to think that journalists are indeed major actors in the democratic process. Indeed, they are the guarantors of democracy because they have a social responsibility towards citizens.This research aims at analyzing the major socio-political events in both territories between 1989 and 2009. Through these events, I would like to show the way journalists contribute to the democratic process. That is why I analyzed the articles of the newspapers and interviews with journalists were conducted, in order to know in detail the way they work and their concept of freedom of the press.

O trabalho analisou os projetos de regulação das atividades da imprensa brasileira, discutindo a recepção, pelos jornais e no Parlamento, das legislações apresentadas e aprovadas durante o período republicano, nos anos de 1923, 1934, 1953 e 1967, e também o projeto rejeitado em 1956. Todos esses regulamentos, propostos por diferentes governos ao Congresso Nacional, foram discutidos e salientados ao público através de informações divulgadas pelos jornais escolhidos e também nas reuniões promovidas pelos congressistas e registradas em documentos oficiais, o que tornou possível identificar os argumentos utilizados tanto pelos periódicos quanto pelo sistema político, demonstrando que o tema da liberdade de imprensa se constituiu como discurso retórico usado por ambas as partes – governos e jornais – em defesa de sua atuação social. O trabalho de produção de notícias e informações, desenvolvido pela imprensa, foi configurado por movimentos históricos originados no Iluminismo, que projetava essa atividade como forma de propiciar ao cidadão as ferramentas para atuar na esfera pública, desde que respeitadas proposições que permitissem que os diferentes discursos fossem levados ao conhecimento do público. No processo histórico que levou ao desenho institucional da imprensa brasileira, essa condição ficou prejudicada, dentre outros motivos por ter a imprensa se tornado objeto de interesse de grupos sociais específicos, o que produziu conflitos com os governos. A tese concluiu que o processo histórico de elaboração das leis que deveriam regular o trabalho da imprensa teve uma recepção negativa pelos jornais, que argumentaram ser essa legislação uma tentativa de obstruir o trabalho por eles desenvolvido. No entanto, como se demonstrou, o processo resultou da disputa política e social protagonizada pelos diferentes grupos de interesse – imprensa e jornais – colocando em lados opostos os governos e as organizações jornalísticas, em torno da liderança pela atuação como mediador entre os cidadãos e o Estado. / This paper analyzes bills intended to regulate Brazilian press activities, as well as discusses the receptivity of the legislation submitted and passed by newspapers and the Parliament during the republican period in the years 1923, 1934, 1953 and 1967, in addition to the bill which was rejected in 1956. All these regulations, which were submitted to the National Congress by different governments, were shown and highlighted to the public through information published in selected newspapers and meetings promoted by congressmen and recorded in official documentation, which enabled the identification of arguments used by both newspapers and the political system, thus demonstrating that the theme of freedom of the press was rather a rhetorical discourse used by both parties – governments and newspapers – in the defense of their social performance. The task of producing news and information developed by the press has been shaped up by historical movements originated in the Enlightenment period, which projected this activity as a way of providing the citizen with the tools to act in the public sphere, on condition that the propositions allowing that different speeches brought to the attention of the public were respected. In the historical process that led to the institutional design of the Brazilian press, this condition was impaired, among other reasons because the press became an object of interest of specific social groups, giving rise to conflicts with governments. The thesis concluded that the historical process of drafting laws which should regulate the work of the press was not welcome by newspapers, which argued that this legislation was an attempt to interfere with their work. Nevertheless, as it has been shown, the process resulted from a political and social dispute between different interest groups – press and newspapers – placing governments and news organizations on opposite sides as to who should lead the mediation between citizens and the State.

Made available in DSpace on 2016-03-15T19:34:16Z (GMT). No. of bitstreams: 1 Denis Cortiz Da Silva.pdf: 635637 bytes, checksum: 1a7ebf94d0c52b532e04b77476b20409 (MD5) Previous issue date: 2015-02-10 / This study aims to analyse if whether there are and what are the legal limits of freedom of the press, one of the pillars of democracy, especially in relation to media coverage of criminal news. It will analyze which factors can mitigate this freedom of speech, especially their union with the government, a practice that could endanger the democratic regime itself and the influence that economic power has on the media, which are today very dependent on advertising revenues, whether private, whether public. Also the rights of the defendant, during and after the criminal prosecution, will be studied and how these can be restrictors of the press activities, which must be applied the balancing interests techinical to solve this conflict, according to the circumstances of the case. Finally it will be analyzed some trials which recognize the limitation of media freedom against the fundamental rights of the defendant. / Este estudo visa analisar se existem e quais seriam os limites jurídicos da liberdade de imprensa, um dos pilares do regime democrático, principalmente em relação à cobertura jornalística do noticiário criminal. Serão analisados quais fatores podem mitigar essa liberdade de imprensa, principalmente sua união com o poder público, prática que pode colocar em risco o próprio regime democrático e a influência que o Poder Econômico exerce sobre os meios de comunicação, que atualmente são extremamente dependentes das verbas publicitárias, sejam elas privadas, sejam elas estatais. Também serão estudados os direitos do acusado durante e depois da persecução penal e como estes podem ser limitadores da atuação da imprensa, devendo, de acordo com as circunstâncias do caso concreto, aplicar-se a técnica da ponderação de interesses para solucionar este conflito. Por fim serão analisados alguns julgados em que foi reconhecida a limitação da liberdade de imprensa face os direitos fundamentais dos noticiados.

Thesis (Ph. D.)--University of California, San Diego, 2004. / Vita. Includes bibliographical references (leaves 151-154).

Abstract Sweden has had a long tradition of freedom of the press and freedom of speech. Today the judicial area is regulated by the constitution of the press and the constitution of speech. The purpose of the two constitutions is to secure the right for every Swedish citizen to express their thoughts, opinions and feelings. The constitutions are designed to regulate the techniques with which the information is distributed and not to regulate the information in itself. This fact has caused a debate to arise on the subject whether the constitutions are still suitable to regulate the judicial area when the technical development causes the constitutions to get out of date and in need of constant updating. As a rule the usage of social media is not regulated by the constitution of speech the information distributed through these webpages can be included by the protection given by the constitution but very few of these webpages fulfill the criteria’s demanded by the constitution. The purpose of this essay is to ask the question whether the constitution of speech should be reformed to better regulate the technical development in the future. The essay examines whether a new constitution can be developed so that it no longer is tied to a certain technique and if it, in the future, should include all the information distributed through social media. It is the author´s conclusion that the constitution of freedom of speech should be concentrated on giving a special protection to professional companies’ whose occupation it is to distribute information to the public. This is the best way to preserve a regulation that is clear, consistent and easy to practice. A constitution that is given an area that is too wide to regulate will only restrain the freedom of speech and its founding principles and should therefore be avoided.

Thesis (MPhil)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: The furor around racism in the media was brought to the surface in 1999 when the Black Lawyers Association and the Association of Black Accountants of South Africa appealed to the South African Human Rights Commission to investigate the South African media. This request was based on the presumption that the South African media was rife with racism and urgently required attention. The subsequent enquiry was the source of much controversy and accusation. Almost three years since the enquiries inception, the issue of racism in the South African media has not disappeared despite decreasing media coverage in recent months. When the South African Human Rights Commission launched the enquiry into racism, prominent media leaders including key editors and newspaper representatives were summoned to appear before the controversial Commission. Some media leaders felt the Commission was a direct attack on the freedom of the Press. Others felt the enquiry was long overdue or slammed it as an all-time flop. Furthermore, pure and simple criticism of the government is still perceived as racism when it is the Press fulfilling its role as the 'watchdog of democracy' . Various Press theories, for example Developmental or Libertarian, impact on the perceived role of the Press in a democratic nation. The standard of journalism in a country can also impact on the way in which the press is perceived. For example, there are times when inept reporting is misunderstood as racist reporting. This assignment is a broad overview of the enquiry into racism in the media and the concerns around this issue as well as the response to it. It takes a closer look at the role of the media and the relationship between the media and the state. In particular, it focuses on how criticism of the government can be misread as racism, as well as investigating how the standard of journalism impacts on the way in which the media serve the public. The South African National Editors Forum launched a skills audit in 2002 and the results were surprisingly negative. The general standard of journalism in South Africa was assessed as "low". This assignment looks at the findings of the audit in the light of the above questions surrounding the standard of journalism as it pertains to reporting on race and accuracy, understanding and objectivity. The last section of the assignment takes a brief look at several examples of how to report on race in South Africa and what to be aware of when considering sensitivity to race issues. The questions as to whether it is racism, healthy criticism misconstrued as racism, or simply inept reporting, are explored. Although an expansive topic by nature, this paper provides an overview of the key issues pertaining to media ethics as it pertains to racism in the South African media. / AFRIKAANSE OPSOMMING: Die skandaaloor rasisme in die media was te vore gebring in 1999 toe die Black Lawyers' Association en die Association of Black Accountants die Suid Afrikaanse Menslike Regtes Kommissie gevra het om die Suid Afrikaanse media te ondersoek. Die versoek was gebaseer op die gedagte dat die Suid Afrikaanse media rasisties is en dringend aandag nodig het. Die ondersoek was baie kontroverseel en het na baie beskuldiging gelei. Omtrent drie jaar nadat die ondersoek begin het, is die kwessie van rasisme in die Suid Afrikaanse media nog lewendig alhoewel daar minder daaroor geskryf is in die land se publikasies. Toe die Suid Afrikaanse Menslike Regtes Kommissie die ondersoek op rasisme begin het, is belangrike media leiers - redakteurs en koerant verteenwoordiges - voor die Kommissie geroep. Sommige van die media leiers het gevoel dat die kommissie 'n direkte aanval op Vryheid van die Pers was; ander het gevoel dat die Ondersoek belangrik was en nog ander dit as 'n mislukking bestempel het. Eenvoudige kritiek van die regering deur die Pers is ook as rasisme gesien alhoewel hulle die rol van 'bewaarder van demokrasie' vervul. Daar is verskeie Pers teories, byvoorbeeld "Developmental" of "Libertarian" wat die persepsie van die rol van die pers beindruk het. Die standaard van joernalistiek in 'n land bepaal deur hoe die Pers gesien is. Byvoorbeeld, somtyds is slegte verslaggewering as rasisties bestempel. Hierdie opdrag is 'n wye oorsig van die ondersoek op rasisme in die media, die bekommernis oor die kwessie en die reaksie daaroor. Dit kyk nader na die rol van die media en die verhouding tussen die media en die staat. Dit fokus op hoe kritiek van die regering as rasisme misgelees kan word en gee ondersoek aan hoe die standard van journalistiek na beskuldiging van rasisme kan lei. Die "South African National Editors' Forum" het 'n Vaardighede oudit in 2002 opgedoen en die uitslae was negatief. Die standaard van joernalisme in Suid Afrika was as "laag" assesseer. Hierdie opdrag kyk na die oudit se vindings in die lig van die bogenoemde vrae oor die standard van joernalistiek: verslaggewing oor rase en akuraatheid, en objectiviteit. Die laaste deel van die opdrag kyk na verskeie voorbeelde van hoe om oor rase verslag te gee en waaroor te dink as jy sensitief teenoor rase kwessies wil wees. Die volgende vrae is na gekyk: Is dit rasisme; gesonde kritiek wat as rasisme bestempel word, of eenvoudig, slegte verslaggewing? Hierdie opdrag gee 'n wye oorsig oor die belangrike kwessies van media etiek in verhouding met rasisme in die Suid Afrikaanse media.