"Free speech and freedom of the media are essential to the functioning of democratic systems. However, recent decades have brought phenomena that pose a threat to media freedom. The author analyzed threats to media freedom and journalist’s security regarding resolution 2317 (2020) of the Parliamen
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tary Assembly of the Council of Europe. All Council of Europe Member States must effectively guarantee the safety of journalists, create an environment conducive to freedom of the media and prevent the misuse of laws or normative provisions that may affect this freedom, without which there is no democracy. The right of journalists to protect their sources must be guaranteed; police violence against journalists must be condemned, and sanctions against any infringement of the freedom of the media must be dissuasive. Although it is only “softlaw”, the PACE resolution may inspire the Member States to take more effective measures in this regard." (Abstract)
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"This study examined the Libyan conflict which started in 2011 until now. In the same way, the study also focused on how Libyan journalists are fighting for media freedom, particularly in the context of the media laws in the new Constitution of 2017. Through focus group discussions were done with 40
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Libyan journalists. The findings of the study indicated that some media laws did not conform to the international laws and UN treaties, which the Libyan Parliament Committee approved. Another finding of the study was that the journalists advocated for a change in the media laws so that they subscribe to the international law. In addition, the journalists also noted that the Constitution should guarantee press freedom. The journalists indicated that they receive threats if they publish stories critical of the governments or ISIS. They also suggested that their actions as journalists have not been sufficiently factored into the political science framework of the safety valve which may be playing the same role with the new democratisation process in 2021. In the context of these findings, the following recommendations were made: the new government should change Articles 35, 37, 38, 42, 43, 46 and 132 to conform to the international laws and UN treaties." (Abstract)
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"This briefing note is designed to give readers a basic understanding of the role of media regulatory and self-regulatory systems in promoting gender equality and inclusion. It highlights the main self- and regulatory systems that reflect or affect the role of media – from the perspective of gende
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r – and will offer a basic understanding to inspire the reader to take action and initiate change in the field. The final goal is to help inspire the introduction of a co-regulatory system wherein both regulation and self-regulation models combine to improve women’s human rights and gender equality in and through media, telecommunications, and digital platforms. The note is aimed at media practitioners who do not necessarily have a deep understanding of the field of gender in media development; it also aims to be of interest to and relevance for women’s rights organisations, other civil society organisations, and those who want to push for gender equality and inclusion in and through the media." (Publisher description)
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"The 1991 adoption of the Windhoek Declaration in Namibia ushered in a continent-wide commitment to supporting independent media in Africa. Despite initial progress, including the establishment of the regional Media Institute for Southern Africa (MISA), independent media in the region continues to s
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uffer. Increasing attacks on independent journalism, the co-option of media outlets by political and economic interests, and the growing problem of disinformation is compromising the viability of independent media in the region. The strong foundation of regional cooperation in Southern Africa that began at Windhoek has also suffered. However, there remains strong enthusiasm among media actors in Southern Africa to reignite a regional network to promote solidarity, address the myriad challenges independent media in the region face, and articulate an African vision and agenda for media development. A regional coalition can help set norms and standards for democratic media by tapping into the leverage points and frameworks of regional institutions and amplifying national-level priorities in regional and global debates. Countries with stronger environments for independent media can support the reform agendas of restrictive countries through knowledge sharing and joint advocacy. For a coalition to be effective, it needs clear goals and a decentralized structure that avoids imposing hierarchy or encouraging unhealthy competition over funding." (Key findings)
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"Le journalisme congolais se pratique dans un contexte délicat qui allie la liberté d’informer, les contraintes qu’appelle le respect des lois et règlements ainsi qu’une véritable prise de conscience de la responsabilité des acteurs et des instances médiatiques. C’est pourquoi la prati
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que journalistique en RDC se transforme en une exigence contraignante pour les acteurs et les instances médiatiques. Ces derniers sont obligés de conformer la conception qu’ils ont de leur métier, basée sur la liberté d’informer, aux exigences juridiques et à des prescrits appelant à leur responsabilité. Les médias doivent ainsi difficilement s’arranger pour pratiquer leur métier : en jouissant de toute leur liberté et en faisant en même temps l’effort de respecter les lois et les règlements, afin de ne pas tomber dans les abus et les dérapages, qui les pousseraient à enfreindre les valeurs éthiques et déontologiques de leur métier." (Dos de couverture)
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"Media Laws on the African continent have been amended, revised and rewritten since the first edition of the SADC Media Law Handbook was first published nearly a decade ago. The reasons for new media laws range from the advent of social media to the realisation of the powers-that-be that, with new t
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echnologies, they cannot control the narrative and discussion in the way they used to do. How does one balance the need to prevent hate speech with the necessity to question and control those in power publicly as well as those opposing them? Our legal expert, Justine Limpitlaw, has taken up the challenge of analysing and scrutinising the media laws of 13 southern African countries over the past four years. We present the results to you in this three-volume-edition. The work will, in the next few years, make its way into legal offices, newsrooms and courtrooms on the continent, just as the first edition did." (Foreword)
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"[...] The MPM2021 covers, on this occasion, 32 countries, 27 EU and 5 non-EU (Candidate countries) [...] The results of the MPM2021 show an increase in the risk level for all the areas that the Media Pluralism Monitor analyses: Fundamental protection, Market Plurality, Political Independence and So
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cial Inclusiveness. The increase is higher in the Social Inclusiveness and in the Market area; in the last case, causing the shift from the medium to the high risk level for the average of EU + 5." (Conclusions and recommendations, page 145)
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"En el controvertido escenario de transición de los gobiernos kirchneristas al triunfo de la alianza Cambiemos y la relación entre medios de comunicación y política en la Argentina, se escribieron los artículos de este volumen. En la primera parte, autoras y autores problematizan las miradas so
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bre las representaciones que construyen los medios de comunicación masiva y las prácticas de resignificación de sus audiencias. En la segunda, estudian las regulaciones a la comunicación y el modo en que estas consolidan o amplían derechos y posibilidades de producción y consumo." (Editorial)
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"This handbook enables media educators throughout Africa to raise awareness and impact the media ecology on a national and regional basis. National, regional and international media environments are crucial for the attainment of the sustainable development and the protection of human rights. This is
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because transparency and accountability are central to democracy and development. Educators in journalism, media studies, development studies, sociology, political science and similar disciplines will be able to create a new curriculum. Learners will gain a holistic understanding of the ecosystem in which democracy can thrive. The handbook will help participants understand and advocate for better media policy environments." (Short summary, page 9)
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"This practical guide aims to provide journalists with concrete legal tools to deal with online harassment, be it to identify punishable offences, to seek help from appropriate organisations, to efficiently gather evidence and to take steps should they decide to file a complaint against the perpetra
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tors. Where appropriate, it also presents examples of litigation initiated by journalists who were victims of online harassment. It covers online harassment of journalists in Australia, Brazil, Finland, France, Germany, India, Ireland, Japan, Kenya, the Netherlands, Sweden, the United Kingdom (England and Wales) and the United States. Although none of these countries provide specific provisions sanctioning online harassment of journalists, they all offer civil and criminal law provisions that make it possible to apprehend, punish and compensate all or part of the most common abuses committed against journalists. In addition to the comprehensive presentation of the legal tools available for journalists in each of these jurisdictions, this guide aims to provide journalists with an overview of the solutions available to combat situations of online harassment, in order to enable them to choose the best legal forum to exercise their rights." (Introduction)
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"Since its adoption on 1 July 2020, the Protection of Personal Information Act has bolstered freedom of expression and the right to privacy. This legislation aims to protect citizens’ personal information and balance the right to privacy with other rights, such as access to information. In Februar
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y 2021, the Constitutional Court upheld the 2019 High Court decision that declared certain sections of the Regulation of Interception of Communication and Provision of Communication-Related Information Act unconstitutional as they violate the right to privacy. The Act had allowed for surveillance and the interception of communication. These positive developments were hampered by the COVID-19 pandemic, which affected freedom of expression and the operating environment of the media and journalists. As in other countries, journalism was considered an essential service in South Africa, which meant that with permission, journalists could continue reporting and were exempt from restrictions that kept most of the population in lockdown. Despite this, journalists found it difficult to access information, making first-hand news-gathering difficult. The Disaster Management Act of 2002 was also applied to manage the lockdowns. Under this Act, essential workers (including journalists) were required to have permits to travel to cover stories. In addition, the government’s attempts to prevent the spread of misinformation related to COVID-19 affected the free flow of information, as information became centralised within the Covid Command Centre. This had a chilling effect on freedom of expression and media freedom in South Africa. Journalists also faced further challenges regarding access to personal protective equipment and training on reporting safely during a pandemic. COVID-19 also affected the sustainability and viability of the media. Both the structure of newsrooms and business models were disrupted. The pandemic accelerated the pre-existing and long-term structural decline in print media, resulting in a devastating impact on the already fragile operations, with significant decreases in both circulation and advertising [...]" (Summary, page 5)
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"[...] the exercise of freedom of expression remains relatively practised and differs from one region to the next. It is easier to exercise freedom of expression in big cities than in small towns or rural areas. Since 2012, Mali has been plagued by terrorist groups’ attacks from the north. The det
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erioration of the security situation, which impacts all aspects of national life, causes a climate of self-censorship, especially among media professionals, most notably in the countryside. From Ségou (centre of Mali) to the far north, community radio stations are cautious with the terms they use. Journalists systematically refuse specific programmes for fear of being physically hurt or seeing their facilities attacked. Some journalists have been kidnapped, although most are released after secret negotiations involving state security. Threats and pressures on journalists and the media do not come only from state officials. People named in investigative articles sometimes use deceptive methods to intimidate journalists. People singled out by publications also put pressure on the family of journalists to get the investigation dropped or for journalists to self-censor. Furthermore, some laws restrict freedom of expression, such as Act of 5 December 2019 on the repression of cybercrime in its articles 74, 75 and 76 ..." (Summary, page 5)
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"Trade unionists, human rights activists, journalists, dignitaries of endogenous religions, and even ordinary citizens feel threatened when exercising their right to freedom of expression. Generally, they fear prosecution cases against them being mounted by the authorities. Business people and entre
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preneurs are also targeted through fiscal pressure or unexpected controls placed on their companies. The Digital Code, passed in 2017, is a source of fear for Benin journalists. Under this code, the Central Cybercrime Repression Authority arrested journalist Ignace Sossou on 19 December 2019 at his house. At his trial, Sossou was sentenced to 12-months imprisonment, six of which he served in prison, and a fine for harassment for relaying the prosecutor’s words during a seminar on Twitter. Fear of reprisals pushes the media to practice self-censorship. Psychological pressure seems to prevent journalists from freely exercising freedom of expression. There are also fears regarding the use of social media networks. There is an explicit restriction of civic space in general, and citizens are afraid of being tapped. Due to abuse by the press and certain citizens, several provisions of the Digital Code hamper freedom of expression. This is perceived as a political manoeuvre to dampen the citizens’ desire to express themselves freely [...]" (Summary, page 5)
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