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Journal of International Media & Entertainment JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW PUBLISHED BY THE DONALD E. BIEDERMAN ENTERTAINMENT AND MEDIA LAW INSTITUTE OF SOUTHWESTERN LAW SCHOOL IN ASSOCIATION WITH THE AMERICAN BAR ASSOCIATION FORUMS ON COMMUNICATIONS LAW AND THE ENTERTAINMENT AND SPORTS INDUSTRIES Volume 7, Number 2 2017–2018 SYMPOSIUM FREEDOM OF INFORMATION LAWS ON THE GLOBAL STAGE: PAST, PRESENT AND FUTURE EDITOR’S NOTE ESSAYS Challenges to Freedom of Information in the Digital Age David Kaye The Swedish Freedom of Print Act of 1776 – Background and Significance Jonas Nordin ARTICLES Migration of Civilian and National Security Access to Information Norms Ádám Földes Access to Government Information in South Korea: The Rise of Transparency as an Open Society Principle Kyu Ho Youm, Inho Lee & Dr. Ahran Park Circumventing Transparency: Extra-Legal Exemptions from Freedom of Information and Judicial Review in China Dr. Clement Yongxi Chen JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW Volume 7 Number 2 2017–2018 PUBLISHED BY THE DONALD E. BIEDERMAN ENTERTAINMENT AND MEDIA LAW INSTITUTE OF SOUTHWESTERN LAW SCHOOL IN ASSOCIATION WITH THE AMERICAN BAR ASSOCIATION FORUMS ON COMMUNICATIONS LAW AND THE ENTERTAINMENT AND SPORTS INDUSTRIES Mission Statement: The Journal of International Media & Entertainment Law is a semi- annual publication of the Donald E. Biederman Entertainment and Media Law Institute of Southwestern Law School in association with the American Bar Association Forums on Communications Law and the Entertainment and Sports Industries. The Journal provides a forum for exploring the complex and unsettled legal principles that apply to the production and distribution of media and entertainment in an international, comparative, and local context. The legal issues surrounding the creation and dissemination of news and entertainment products on a worldwide basis necessarily implicate the laws, customs, and practices of multiple jurisdictions. The Journal examines the impact of the Internet and other technologies, the often-conflicting laws affecting media and entertainment issues, and the legal ramifications of widely divergent cultural views of privacy, defamation, intellectual property, and government regulation. Subscriptions: Print subscriptions are available at an annual rate of $US 50 (domestic) or $US 60 (foreign). Please direct inquiries to the Biederman Institute at Southwestern Law School, 3050 Wilshire Boulevard, Los Angeles, California 90010, (213) 738-6602, or send an email to [email protected]. Back issues are available for $US 30.00 per copy plus $US 5.95 for shipping and handling. Disclaimer: The opinions expressed in the articles published in the Journal of International Media & Entertainment Law are solely those of the authors and do not necessarily reflect those of the Donald E. Biederman Entertainment and Media Law Institute, Southwestern Law School, the American Bar Association, the Forum on Communications Law, or the Forum on the Entertainment and Sports Industries. Law School: For information about the Biederman Institute or Southwestern Law School, please contact Tamara Moore, Southwestern Law School, 3050 Wilshire Boulevard, Los Angeles, California 90010, (213) 738-6842, or send an email to [email protected]. Membership: For information about membership in the Forum on Communications Law or the Forum on the Entertainment and Sports Industries, please contact the ABA Service Center, 321 North Clark Street, Chicago, Illinois 60654-7598, (800) 285-2211, or send an email to [email protected]. Permission to Reprint: Requests to reproduce portions of this issue must be submitted by email to [email protected]. Submission Guidelines: Submission guidelines are printed on the inside back cover of each issue. © 2018 Southwestern Law School The Journal of International Media & Entertainment Law is published twice a year by Southwestern Law School, in cooperation with the American Bar Association. ISSN: 1556-875X. Postmaster: Send address changes to the Biederman Institute at Southwestern Law School, 3050 Wilshire Boulevard, Los Angeles, California 90010. JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW INTERNATIONAL COMPARATIVE LOCAL VOLUME 7 NUMBER 2 2017–2018 SUPERVISING EDITOR Michael M. Epstein Southwestern Law School BOARD OF EDITORS Janine Small, Chair Carolyn Forrest, Chair ABA Forum on the ABA Forum on Entertainment and Sports Industries Communications Law Peter Bartlett David Goldberg Nathan Siegel Minter Ellison Lawyers University of London Davis Wright Tremaine LLP Eric S. Brown Robert Lind Mark Stephens Franklin, Weinrib, Rudell & Vassallo, P.C. Southwestern Law School Howard Kennedy LLP Chunghwan Choi Robert Lutz John Tehranian Lee & Ko Southwestern Law School Southwestern Law School J. Alexandra Darraby Michael Scott Cydney A. Tune The Art Law Firm Southwestern Law School Pillsbury Winthrop Shaw Pittman, LLP Jeff Gewirtz Brian A. Rosenblatt Kurt Wimmer NETS Basketball/Brooklyn Bryce, Downey & Lenkov LLC Covington & Burling, LLP Sports & Entertainment Kevin Goering Kyu Ho Youm Norwick, Schad & Goering University of Oregon SUPERVISING STUDENT EDITOR Inez Morales STUDENT EDITORS Ka In (Kelly) Chan Shelby Luchesi-Gallaher Shahab Elliot Hakakzadeh Lily Nizam Samantha Essayan Chiara Genovese Joanna Merrill Perry Poussard, Jr. Francesca Fau Harmony Gilmore Nina Minassian Dylan Sydneysmith Serineh Terzyan PUBLISHED BY THE DONALD E. BIEDERMAN ENTERTAINMENT AND MEDIA LAW INSTITUTE OF SOUTHWESTERN LAW SCHOOL IN ASSOCIATION WITH THE AMERICAN BAR ASSOCIATION FORUMS ON COMMUNICATIONS LAW AND THE ENTERTAINMENT AND SPORTS INDUSTRIES JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW INTERNATIONAL COMPARATIVE LOCAL VOLUME 7 NUMBER 2 2017–2018 SYMPOSIUM FREEDOM OF INFORMATION LAWS ON THE GLOBAL STAGE: PAST, PRESENT AND FUTURE Contents vii Editor’s Note MICHAEL M. EPSTEIN ESSAYS 129 Challenges to Freedom of Information in the Digital Age DAVID KAYE 137 The Swedish Freedom of Print Act of 1776 – Background and Significance JONAS NORDIN ARTICLES 147 Migration of Civilian and National Security Access to Information Norms ÁDÁM FÖLDES 179 Access to Government Information in South Korea: The Rise of Transparency as an Open Society Principle KYU HO YOUM, INHO LEE & DR. AHRAN PARK 203 Circumventing Transparency: Extra-Legal Exemptions from Freedom of Information and Judicial Review in China DR. CLEMENT YONGXI CHEN PUBLISHED BY THE DONALD E. BIEDERMAN ENTERTAINMENT AND MEDIA LAW INSTITUTE OF SOUTHWESTERN LAW SCHOOL IN ASSOCIATION WITH THE AMERICAN BAR ASSOCIATION FORUMS ON COMMUNICATIONS LAW AND THE ENTERTAINMENT AND SPORTS INDUSTRIES Editor’s Note This issue is entirely devoted to articles and essays generated from our 2016- 2017 symposium, Freedom of Information Laws on the Global Stage: Past Present and Future. This is the second of two issues from the conference and, like the first set of articles, the contents underscore the breadth and depth of scholarship from that symposium. The first article, “Migration of Civilian and National Security Access to Information Norms,” by Ádám Földes, applies Sujit Choudry’s metaphor of migration of norms to the intersection of civilian and national security fields on national and international levels. A legal advisor at the International Secretariat of Transparency International in Germany, Földes shows how access to information norms evolve through national legislation, international treaties, and the decisions of national and regional courts. “Access to Government Information in South Korea: The Rise of Transparency as an Open Society Principle” examines the conceptual and theoretical framework of the right to information in South Korea. Revised and expanded from an original presentation by Professor Kyu Ho Youm, the Jonathan Marshall First Amendment Chair at the University of Oregon, with additional contributions from Korea-based media law scholars Inho Lee and Ahran Park, the article engages the manner in which access to information is guaranteed as a constitutional and statutory right in Korea. From China comes “Circumventing Transparency: Extra-Legal Exemptions from Freedom of Information and Judicial Review in China,” by Clement Yongxi Chen. Chen, a post-doctoral fellow at the University of Hong Kong, explores the complicated relationship between China’s 2007 Regulation on Open Government Information, which established a right of access, and pre- existing state authorities that have power to control information. For Chen, transparency reform ultimately depends on the role of the Chinese courts in settling conflicts involving the flow of information in China. Included in this issue are two outstanding essays that serve as an introduction to the articles—and to the symposium. The first is “Challenges to Freedom of Information in the Digital Age,” by David Kaye, the U.N. Special vii Rapporteur on the Promotion and Practice of the Right to Freedom of Opinion and Expression. Kaye, a professor at University of California, Irvine, School of Law, delivered a compelling keynote address about the often-fraught state of information access around the world, upon which this essay is based. Dr. Jonas Nordin, the Secretary of the Research Council at The National Library of Sweden, provides his scholarly observations upon the 200th anniversary of Sweden’s Freedom of Information Law, the world’s first. We are grateful to the Barbro Osher Pro Suecia Foundation for its generous support, which made it possible to bring Dr. Nordin to the proceedings. As we look forward to Volume 8, I am pleased
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