Press Law Research Articles

Galician Periodicals for Children and Adolescents... in the Time of Positivism

This article presents seven periodicals for children published in Galicia in Positivism (“Przyjaciel Dzieci” 1861-1866, “Opiekun Polskich Dzieci” 1867-1873, “Promyk” 1872, “Towarzysz Pilnych Dzieci” 1876-1883, “Przyjaciel Zwierząt” 1879-1880, “Światelko” 1883- 1892 and “Maly Światek” 1887-), demonstrating their specification (in relation to analogical periodicals of that time in the Russian and Prussian partitions), which stemmed above all from the realities of the Austrian press law of 1862 and the autonomy of this country, from 1867, within the Austria-Hungary political structure. What is more, literary and popular, concerning the field of national history, texts could legally be printed in Galicia, which was forbidden in the Russian and Prussian Partitions. Nevertheless, practically all periodicals struggled with lack of interest from the audience, hence financial problems.

Дискуссия о порядке учреждения периодических изданий в ходе разработки проекта Устава о печати в 1905 году

Дискуссия о порядке учреждения периодических изданий в ходе разработки проекта Устава о печати в 1905 году

Zasada domniemania niewinności a dziennikarska sprawozdawczość sądowa

The author analyses presumption of innocence in the media’s reporting of the judicial procedures. The principle of presumption of innocence says that the accused will be considered not guilty, unless his guilt will be proved in the final judgment of the court. This principle is written down in art. 42.2 of the Polish Constitution and art. 5 § 2 of the criminal procedure code. The above principle concerns all people, i.e. authorities of criminal process, police, administration agencies and even simple citizens. The Polish press law prohibits publication of personal data of the accused without the consent of public prosecutor or court as well as data of the injured person and witnesses without their consent. The press law also prohibits to prejudge the guilt of the accused before his conviction by the court of first instance. Alas, there are numerous cases of violation of such rules. Today one observes the increasing process of infotainment of mass media becoming more and more tabloid. They have a negative influence on realization of principle of presumption of innocence in everyday practice.

Rejestracja dzienników i czasopism w świetle prawa prasowego

Among the laws regulating the press activity, the main one is the obligation to register a daily newspaper or a magazine (Article 20 of the Press Law). The registration application should include the data listed in that Article. Giving the role of a registrating body to the courts and not an administrative body, due to their independent nature, fosters the implementation of the free press rule formulated in Article 14 of the Constitution and developed in Article 1 of the Press Law. The ban on preventive censorship and press licensing is included directly in Article 54 Section 2 of the Constitution (this regulation, however, allows introducing by an Act of Parliament an obligation to obtain a license to run a radio or TV station). The registration mode is a kind of broadly understood application system and it is not included in the press licensing model. Nor does it have anything to do with preventive censorship. Regulations of the Code of Civil Procedure on non-litigious proceedings apply for registration procedure, together with alterations resulting from the Press Law. Magazine registration has two main functions: 1) protecting the name of no longer existing press titles (at the same time protecting the publisher’s right for the press title); 2) protecting the interests of potential readers. The latter case concerns preventing the reader from being misled about the true identity of a given newspaper. The Constitutional Tribunal noticed that the regulation concerning the registration mode is a limitation of the freedom of speech. However, the Tribunal did not find such a limitation that would breach Article 54 Section 1 or Article 31 Section 3 of the Constitution. Publishing a newspaper or a magazine may be suspended if in a given newspaper or magazine the law has been broken at least three times in a year, which has been confirmed by a valid criminal judgment. The regulations do not stipulate the option of cancelling the registration. It is, however, possibile that its validity may expire. According to Article 45 of the Press Law, in force since 19 July 2013, a person publishing a newspaper or a magazine without a license or suspended is subject to a fine. Currently such actions consitute a misdemeanour, and not an offence.

La designación de don Juan Carlos vista por los diarios madrileños: una perspectiva comparada

The designation of Juan Carlos I as successor of Franco as King of Spain did not please all the written media in the context of Fraga’s 1966 Press Law. On the one hand, this decision did not satisfy the Falangist newspapers, which rejected monarchy and preferred to establish a regency. On the other hand, the most important monarchic dailies were in favor of the appointment of Don Juan de Bourbon as a King; while the ‘accidentalists’ placed public benefit and common good before any political system. This essay examines the most important opinion articles published in the newspapers Madrid, Pueblo, Ya and SP. It is intended to revise the way those media representing the main ideological trends dealt with the appointment. It focuses on those articles published two months before, during and one month after the designation was announced. The conclusion reached is that this event did not meet the impact to be expected from such relevant, transcendent measure.

Jawność zewnętrzna postępowania przygotowawczego na tle art. 12 ustawy Prawo o prokuraturze

The aim of the following article is to discuss the issues of the power of the prosecutor to reveal information pertaining to ongoing preparatory proceedings in the light of the new regulations determined by Article 12 of the Act of January 28, 2016, the Law on the Prosecutor’s Office. The aforementioned regulation constitutes an important exception to the general rule of confidentiality of preparatory proceedings, which heavily informs the scope of the analysis. Moreover, the author discusses the relationship between Article 12 of the Law on the Prosecutor’s Office and earlier regulations regarding the revealing of information regarding preparatory proceedings included in the following acts: press law, law on access to public information, personal data protection act, supplemented with relevant regulations of the Criminal Code and Code of Criminal Procedure. In addition, the author discusses the consequences of the analyzed regulation for the interest of the criminal justice system, the interest of the public, as well as the interest of the parties in the proceedings, which has allowed her to assess the justification for that regulation and the necessity of implementing it in Polish legal system.

Odpowiedzialność redaktora za przestępstwo prasowe (art. 49a)

The main aim of the article is to discuss the issue of the liability of an editor for a press offence, according to Article 49a of the press law. The analysis begins with a historical overview which shows the evolution of liability for offences committed in print by press outlets. To this end, the author introduces the concepts of the right of anonymity or the responsible editor. These two institutions, characteristic of the interwar period, performed two extremely different functions. The former allowed to conceal the identity of the author of the printed material, while the latter was instituted in order to ensure that the victims were sufficiently protected. The analysis of the current provisions of the press law showed that the legislator introduced two separate legal definitions: that of an editor and that of an editor in chief. The following part of the article discusses those two categories in more detail, paying particular attention to the decoding of their definitions as introduced in the press law from a practical standpoint. Moreover, it has been emphasized that each editor in chief is also an editor, but not vice versa, since some regulations are addressed specifically to the editor in chief. Bearing in mind that assigning liability for a press offence is dependent on determining the moment from which a person can be considered an editor in chief, the author discusses the registration system for journals and periodicals. As a result, the author determines three distinct periods of time which determine the possibility of considering a particular person as an editor in chief. The last part of the article is devoted to the rules and circumstances of prosecution of the editor for publishing a press article. The author points to the differences which stem from assuming a different subject party of the offence. In the cases of assuming negligence, it results in liability under Article 49a of the press law, whereas in the cases of assuming intentionality results in liability for an intentional offence of another type committed in complicity.

"La Voz de Castilla" y su ortodoxo alineamiento con la Prensa del Movimiento

El periódico de la Prensa del Movimiento en Burgos, La Voz de Castilla (1945-1976), último en fundarse y uno de los primeros de esta cadena en desaparecer, estuvo férreamente controlado por el régimen de Franco. A través del análisis de los contenidos de sus portadas se ha observado que la intervención estatal no cedió durante sus 30 años de vida, si bien se adaptó a las transformaciones sociopolíticas. El diario atravesó una primera etapa marcada por la totalitaria Ley de Prensa de 1938, donde imperó una estrecha vigilancia, y una segunda determinada por la Ley de Prensa e Imprenta de 1966, que provocó una tímida apertura informativa. El estudio concluye que La Voz de Castilla se adaptó plenamente a las características de sus homólogos de la Prensa del Movimiento.

Translation of Polish Press Law Act

Sciendo provides publishing services and solutions to academic and professional organizations and individual authors. We publish journals, books, conference proceedings and a variety of other publications.

KARAKTERISTIK PRODUK HUKUM PERS DAN PROSPEK KONSOLIDASI DEMOKRASI

The press law is legal products that are responsive. It can be seen from the process of formation a press law with participatory manner. The material of press law also has been accomplished with the needs and desires of the people because it gives protection and guarantee against press freedom. In spite of the press law are responsive, but it was still not enforced effectively because it still occurs the practice of violence against practitioners of the press and press freedom abuse. This indicates that the guarantee and protection of press freedom through a press law is still not enough. In this context, the consolidation of democracy requires the existence of an increased public commitment fundamentally to use democratic procedures to organize public spaces that appear in the process of state. Therefore, it takes awareness and commitment together so press freedom can be realized. The Press law needs to be enforced consistently by all elements. The State should provide protection for practitioners by cracking down firmly the perpetrators of violence against practitionersof the press. In addition, the guarantee and protection of press freedom should be balanced with the professionalism of the practitioners of the press, by complying the code ethics of the profession and improve the ability of the press and journalism through education and training because press freedom without the limitations of law and ethics, produce an excessive press freedom.

O STF e a regulação dos meios de comunicação social: a metalinguagem adotada pela Corte na decisão da ADPF 130/DF

Propósito – Este artigo apresenta uma análise dos votos proferidos pelos ministros do Supremo Tribunal Federal no julgamento da ADPF 130/DF, quando foi declarada a não recepção em bloco da Lei de Imprensa, e, a partir dos elementos conceituais extraídos da construções argumentativas das decisões, revela a metalinguagem sobre a qual a Corte, majoritariamente, sustenta suas concepção acerca de regulação do setor da comunicação social.
 Metodologia/abordagem/design – A primeira seção do trabalho apresenta os paradigmas teóricos mais influentes nas reflexões acerca da regulação do setor da comunicação social para, na segunda seção, confrontá-los com os votos apresentados no julgamento da ADPF 130/DF e extrair as sínteses conceituais orientadoras dos ministros, identificando o paradigma regulatório do campo comunicacional ao qual se alinham.
 Resultados – Foi possível identificar que o discurso majoritário no STF sobre questões regulatórias referentes ao setor da comunicação social está mais próxima do paradigma libertariano e sua síntese de free flow of information.

Pozyskiwanie informacji publicznej przez dziennikarza

THE ACQUISITION OF PUBLIC INFORMATION BY THE JOURNALISTThe main purpose of this elaboration is to present the analyses of rules, the procedure mode of realization of the right of access to public information by journalists. The author focuses on presenting the meaning of notions: the press, the journalist, as well as the relation between the procedure of sharing and spreading the information defi ned in regulations: the press law and the law on access to public information.

Etika Menulis dengan Cahaya

Abstract :The mass media had great influence in conveying a message against their common. The values of the message was set out in the text and images are presented by the media. The message may contain meaning positive and inspiring in describing events, so that is not interfere psychological of audience. In the context of photojournalism, the expression that the power of the image can be far beyond the message conveyed through text. Because the meaning of the message, the essence of photojournalism must pay attention to the rules of journalism were set in the Press Law and the Code of Ethics of Journalism. An understanding of the ethics of photojournalism is not only for internal media, but also to a audience. Thus, the public can judge the mindset of media displaying photographic work does pay attention to aesthetic aspects or ignore the rules of journalism. Keywords: Photojournalism, Press Law, the Code of Ethics Journalism, the Power of Image

Etika Menulis dengan Cahaya

Abstract :The mass media had great influence in conveying a message against their common. The values of the message was set out in the text and images are presented by the media. The message may contain meaning positive and inspiring in describing events, so that is not interfere psychological of audience. In the context of photojournalism, the expression that the power of the image can be far beyond the message conveyed through text. Because the meaning of the message, the essence of photojournalism must pay attention to the rules of journalism were set in the Press Law and the Code of Ethics of Journalism. An understanding of the ethics of photojournalism is not only for internal media, but also to a audience. Thus, the public can judge the mindset of media displaying photographic work does pay attention to aesthetic aspects or ignore the rules of journalism. Keywords: Photojournalism, Press Law, the Code of Ethics Journalism, the Power of Image

Iran Penal Law on Sacrilege in the Name of Freedom of Expression

Freedom of expression is a fundamental human right that is closely related with social progress and human sublimation. However, it is among the rights which are of an optional nature besides being a social right. Thus, based on the above-mentioned characteristics, its full implementation is encountered with a number of limitations and conditions including observation of the rights of one's fellowmen, prohibition of trespassing against one's honor or social order and so on and so forth. Sacrilege is one of the most indecent offending behaviors that have been described as a crime in Iran’s penal code of law. This crime is of public effect and is counted among religious crimes and it has been considered as a crime in support of religion as one of the most important values governing the societies. Sacrilege is one of those crimes which are seriously prosecuted by religious states whose beliefs are insulted. This tough stance has its origin also in the fact that man by his nature does not tolerate a certain set of actions including the act of treating a one's sacred beliefs without respect. As a result, this crime is seriously punished by religiously oriented governments. Since Iran is a religious state, if someone insults the religious and Islamic beliefs the government shall sue him. Various aspects of sacrilege as a crime, the boundaries of freedom of expression and the assessment of press law in the light of freedom of expression are among the issues which have been dealt with in present article.

Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

EKONOMI POLITIK MEDIA: PADA PEMBERITAAN MENJELANG PEMILIHAN GUBERNUR BANTEN 2017 OLEH RADAR BANTEN DAN BARAYA TV

Research on Political Economy of Media: At the news ahead of elections for the governor
 of Banten in 2017 by Radar Banten and Baraya TV, phenomenon triggered by the
 loosening of the values of objectivity and independence of the mass media in carrying
 out its functions as set in the Press Law and the Broadcasting Law. At the time of the
 campaign, the candidates for governor and lieutenant governor are competing to get the
 “place ‘and is known well as sell to prospective election promise to get sympathy. At the
 time, the media seemed to forget the function and position. This study aims to determine
 the phenomenon of media relations with the candidates and how the phenomenon of
 the political economy of media in both institutions (Radar Banten and Baraya Pos) at
 the time before the election for governor of Banten in 2017. This study uses this study
 used a qualitative approach, with the constructivist paradigm and using the method
 of data collection through the depth-interview, the informant was elected. The results
 of the study illustrate that media relations (relations between) media with prospective
 relatively loose, drawn from observations and interviews show that the two media are
 “very affectionate” with the candidates, and the media policy in lifting more headlines
 have suggested the economic interests vis a vis political interests.

INTERNET – MEDIUM, PRASA CZY ŚRODOWISKO KOMUNIKACYJNE?

PRESS LAW, INTERNET, ONLINE PRESS Summary Article raises the question of the press communications at the Internet. Attempts to answer such questions as: Is the Internet the medium, similar to other media? When an Internet message can be regarded as the press in the meaning of the article 7th of the Polish Press Law? It also indicates that Polish Press Law should be amended and talks over the Ministry of Culture and National Heritage proposals for such amendments.

Rola terenowej administracji publicznej w przygotowaniu ludności do przetrwania w sytuacjach kryzysowych

THE ROLE OF LOCAL PUBLIC ADMINISTRATION IN PREPARING THE POPULATION TO SURVIVE IN CRISIS SITUATIONSThe aim of the article is to define the scope of activities of local public administration in preparing the population to survive in crisis situations. The research included an analysis of the provisions concerning the crisis situation, which are expressed in the Act on Crisis Management and the Act on Press Law. The research was conducted using the analytical and dogmatic method. The research has shown that activities of the local authorities cover information and ensure survival of the population. These activities are interrelated and can be distinguished as direct and indirect. Every person can take action in order to survive in the time of the crisis situation, taking into account the activities of the local authorities.

Journalists’ attitudes towards journalism regulations in the Arab world: Oman as a case study

Abstract This study researches journalists’ attitudes towards journalism regulations, mainly publication laws. The study focuses on the Sultanate of Oman as one case study from the Arab world. To the best of the researchers’ knowledge, no local work on this topic has previously been undertaken. However, there do exist some studies that deal with textual and critical analyses of the legalizing press laws in the Sultanate. This study employs the survey method and uses the questionnaire to research journalists’ attitudes, especially those of journalists working on the Arabic dailies Al-Watan, Oman, Al-Shabiba, Al-Zaman and Al-Ro’ya. The questionnaire covered fourteen different topics from which a number of conclusions could be drawn. Notably among them, the majority of journalists working in the Sultanate do not have the necessary background in press legal culture. Furthermore, many of the surveyed journalists thought that the Publications and Publishing Law contradicts the Basic State Law of the country (the Constitution) in some of its stipulations and that it is out of step with current local, regional and international developments in the world of media and communication. Because of this it shackles press work.