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The Fundamental of Laws, Rules and Codes of Ethics Concerning Media Practices

Bambang Harymurti

Enabling Environment:

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1. Legal infrastructure2. Social Infrastructure3. Economic Infrastructure4. Professional/Technical Competence5. Big Bang vs. Muddling Through

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Roumeen Islam: on Legal Infrastructure

• When libel is a criminal rather than a civil case, journalists lean toward self-censorship.

• When truth is not a defence for libel, journalists have incentives to limit their investigations

• When laws provide protection against libelious statements about matter of public interest and require that individuals to show that defamatory statements are knowingly or recklessly false and made with malicious intent, these favour journalistic freedom.

(World Bank Institute, “The Right to Tell: The Role of Mass Media in Economic Development, page 13-14)

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From Feudalism to Modernity

• Feudal Society: intolerant toward difference of opinion and very tolerant toward acts of physical violence

• Modern Society: very tolerant toward different of opinion and intolerant toward physical violence

• Transition problem: How to broaden tolerance toward different of opinion and lessen the propensity toward acts of physical violence.

• Insult is the extreme form of difference in opinion

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Economic Development and Media Freedom

Source: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” page 228

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Economic Health vs Freedom of the Press

Sumber: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” Halaman 230

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Freedom from Criminal Defamation• Members of European Council (due to adherence

to European Human Rights Court in Strassbourg).

• Members of Inter-American States (due to adherence to Inter-American States Human Rights Court)

• USA (due to First Amendment)

• Members of African Regional Human rights Court

• Countries with media laws that comply with International Covenant of Civil and Political Rights, ie: Ukrainia, Srilanka etc.

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ICCPR Principles:

• Freedom of Expression and the press is basic Human Rights

• The limit is only other basic Human Rights (Article 20)

• Any regulation should be based on democratic principles.

Principles of Media Law in Democratic Society

• Maximum protection of media freedom

• Minimal exceptions specified by law and deemed necessary

• Legal protection of sources

• No criminal defamation and short statute of limitation

• No “chilling effect” fines in civil defamation

• Burden of prove is in litigant

• Truth is a defense

• Maximum self regulation

• Based on restorative justice principles

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Principles of Self Regulation• Oversight by an independent institution (media council or ombudsman) to

ensure ethical conducts

• No government involvement and statute of limitation

• Represents journalist associations, publisher association and public (consumers)

• Run by highly respected public figures

• Supported by independent fund

• Tasked to protect media freedom, enhancing quality of journalism, promoting media literacy to the public, mediating disputes between the press and the public and facilitating the formation of professional rules and regulations

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Principles of Media Ethics

• Tell the truth

• Be independent

• Minimize harms

• (Periodic reviews)

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Pro and Cons of Media Council

• Inverse relation with quality of existing court

• Balance of interest: Journalists-Owners-Public

• Protecting public access to press freedom

• Free, quick and respected

• What about public fund?

Questions and Answers

• Please share your opinions and questions

• Thank you

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