Editorial Independence in the Latvian News Media: Ownership Interests and Journalistic Compromises

Total Page:16

File Type:pdf, Size:1020Kb

Editorial Independence in the Latvian News Media: Ownership Interests and Journalistic Compromises ISSN 2029-865X 80 doi://10.7220/2029-865X.09.05 EDITORIAL INDEPENDENCE IN THE LATVIAN NEWS MEDIA: OWNERSHIP INTERESTS AND JOURNALISTIC COMPROMISES Anda ROŽUKALNE [email protected] PhD, Head of the Department of Communication Studies Faculty of Communication Riga Stradiņš University Riga, Latvia ABSTRACT: Editorial independence in the each media organization is influenced both by external factors (sources of information, business partners, advertisers) and by internal factors (business interests and the goals of the media owner and the ma- nagers of the outlet). There are at least three levels at which editorial independence can be evaluated in accordance with various players in the media environment – the level of the individual, the media organisation and the media industry. Editorial in- dependence at each of these levels, in turn, depends on self-regulation and media regulation mechanisms. In this specific research, the question about attitude to edi- torial independence has been analyzed. With the goal to determine the conditions, which affect the level of editorial independence in the media firms, the formal and informal factors in the relationship between owners and editors have been evaluated. The data of the Latvian journalist survey has been compared with data acquired du- ring semi-structured interviews with media owners and chief editors. In Latvia, the will of the owner to use media in his own interest both political and commercial is perceived as natural, as well as the belief of the owner that the opinions made by the editor must not interfere with the owner‘s business venture. However, even in edito- rial offices where strict limitations of editorial independence exist, journalists find a way to produce content independently. For journalists it doesn‘t mean the situation at the office, but their own individual work, defining the editorial independence as a chance freely produce specific content. Respondents in this survey think highly of the individual autonomy of journalists, but media workers clearly understand the limitations on editorial independence that are implemented by owners, directors or editors-in-chief. KEYWORDS: editorial independence, self-censorship, media ownership, editors Editorial independence in the Latvian news media: Ownership interests and journalistic compromises Media Transformations 81 INTRODUCTION Editorial independence is a definitive prerequisite for media quality. Traditionally, editorial independence has been defined as a separa- tion between decisions that are taken by media owners and those that are taken by editors. In reality, however, the interests of the editorial board and the media outlet’s advertising, marketing and finance de- partments interweave, which means that the existing understanding of editorial independence at each media company is crucial. This paper is part of a broader study about Latvian media owners (2010–2013), focusing on attitudes which media workers have to- ward editorial independence. The goal has been to determine the conditions which have affected the level of editorial independence during changing eras in terms of the transition of the media mar- ket and journalism, and the formal and informal factors in the re- lationship between owners and editors have been evaluated. Data from a survey of Latvian journalists has been compared with data acquired via semi-structured interviews with media owners and ed- itors-in-chief. The level of editorial independence in Latvia represents a compro- mise between the principle of media social responsibility, as defend- ed by editorial personnel, and the business or political interests of the media owners. From the perspective of owners, media independ- ence is linked to the ability to fulfil the owner’s stated goals by setting boundaries on editorial independence. Editorial staff, in turn, per- ceives independence passively and reactively and as conceivable or inconceivable work conditions. The level of editorial independence between editors and media owners is not defined in the contracts of Latvian media organisations. In Latvia, the desire of owners to use the media in terms of their political and commercial interests is perceived as natural, as is the belief among owners that opinions presented by editors must not interfere with the owners’ business ventures. Even in editorial offices in which there are strict limitations on editorial independence, how- ever, journalists do find ways of producing content in an independ- ent way. Therefore, this author proposes the concept ofindividual editorial independence to characterise the Latvian media situation. For journalists, this does not refer to the situation at the office; -in 82 Anda ROŽUKALNE stead it speaks to individual work, with editorial independence being defined as a chance to freely produce specific content. The editors and journalists of commercially focused media organi- sations are responsible for the market success of their enterprise, but the level of editorial independence is higher. Owners define market goals, but do not influence content. In this media group, the person- ality of the editor is essential to ensure editorial independence, be- cause the editor acts as a shield which protects staff from unwanted interference by owners in terms of daily content production. Data from the study reflect several contradictory media ownership strategies in various industries, making it possible to analyse the level of editorial independence, the patterns of media content production, and the correlations of self-censorship in the Latvian media. DISCUSSING EDITORIAL INDEPENDENCE Editorial independence is one of the most important principles in media operations, because at the level of the practices of media or- ganisations, it reveals the way in which freedom of the press operates (Himelboim and Limor, 2008) and how pluralism is ensured. Edi- torial independence is also a part of normative views about media operations (McQuail, 2010) in that it is linked to honesty, truth, neu- trality, objectivity and a professional understanding of journalism. Several other terms have been used to describe editorial independ- ence, including editorial freedom and editorial autonomy. Editorial independence or freedom usually means that editors-in-chief must have full authority over the editorial content of their media unit. De- scriptions of editorial independence usually emphasise the right of the editor to be independent from the owners and top managers of the media organisations, whose decisions cannot have an effect on the selection and choice of media content, the editorial process, or the form of publications. For that reason, appropriate circumstances must be created at media outlets in accordance with the aforemen- tioned principles. Editorial independence or freedom usually refers to the professional work of media professionals, while editorial au- tonomy refers to the structure of media organisations, in which the development of content at the management level is kept separate from co-operation with advertisers or other business partners, as Editorial independence in the Latvian news media: Ownership interests and journalistic compromises Media Transformations 83 well as from the company’s financial operations, marketing and oth- er functions, which are essential in medial operations. The term also covers the autonomy of journalists (Scholl and Weischenberg, 1999). In everyday situations, however, editorial independence is not some- thing unambiguous and stable in terms of editorial operations, be- cause the process of shaping content at media organisations is in- fluenced both by external factors (sources of information, partners, advertisers) and by internal factors (business interests and the goals of the media owner and the managers of the outlet). Editorial inde- pendence depends on the business models of the media, as well as on the commercialised media environment of the present way – one in which many decisions are taken on the basis of their advantages and profit potentials. Studies related to the media in Eastern Europe regularly identify violations of editorial independence because of the ability of politicians or political parties to influence media content (Metyková, Waschková and Císarová, 2009). Editorial independence in present-day media practices can be eval- uated on the basis of the extent to which the media outlet, its man- ager or editor and each journalist can collect, correlate and publish information, viewpoints and interpretations. There are three levels at which editorial independence can be evaluated in accordance with various players in the media environment – the level of the individ- ual, the media organisation and the media industry. Editorial inde- pendence at each of these levels, in turn, depends on self-regulation and media regulation mechanisms. Editorial independence is also influenced by the overall status of the media industry, the legal status of journalists, wage and compensation systems, and the operations of media regulators. There is always interaction among legal regu- lations, self-regulations and private regulations which apply to each specific media organisation. These and other issues are analysed in detail in the European Council’s Mediadem study (Mediadem, 2012), which finds that the greatest threats against editorial independence relate to the liberal and commercialised media system. The study was focused on an analysis of media policies and media freedoms in the European Union, and it concluded that
Recommended publications
  • LOCAL NEWS IS a PUBLIC GOOD Public Pathways for Supporting Coloradans’ Civic News and Information Needs in the 21St Century
    LOCAL NEWS IS A PUBLIC GOOD Public Pathways for Supporting Coloradans’ Civic News and Information Needs in the 21st Century INTRODUCTION A free and independent press was so fundamental to the founding vision of “Congress shall make no law democratic engagement and government accountability in the United States that it is called out in the First Amendment to the Constitution alongside individual respecting an establishment of freedoms of speech, religion, and assembly. Yet today, local newsrooms and religion, or prohibiting the free their ability to fulfill that lofty responsibility have never been more imperiled. At exercise thereof; or abridging the very moment when most Americans feel overwhelmed and polarized by a the freedom of speech, or of the barrage of national news, sensationalism, and social media, Colorado’s local news outlets – which are still overwhelmingly trusted and respected by local residents – press; or the right of the people are losing the battle for the public’s attention, time, and discretionary dollars.1 peaceably to assemble, and to What do Colorado communities lose when independent local newsrooms shutter, petition the Government for a cut staff, merge, or sell to national chains or investors? Why should concerned redress of grievances.” citizens and residents, as well as state and local officials, care about what’s happening in Colorado’s local journalism industry? What new models might First Amendment, U.S. Constitution transform and sustain the most vital functions of a free and independent Fourth Estate: to inform, equip, and engage communities in making democratic decisions? 1 81% of Denver-area adults say the local news media do very well to fairly well at keeping them informed of the important news stories of the day, 74% say local media report the news accurately, and 65% say local media cover stories thoroughly and provide news they use daily.
    [Show full text]
  • M F Global Media Philanthropy
    M F Global Media Philanthropy What Funders Need to Know About Data, Trends and Pressing Issues Facing the Field March 2019 MEDIA By Sarah Armour-Jones & Jessica Clark, IMPACT Consultants to Media Impact Funders FUNDERS Research and editorial support provided by Laura Schwartz-Henderson. Published in Philadelphia, Pennsylvania, in 2019 by Media Impact Funders. This work is licensed under the Creative Commons Attribution 3.0 United States License. To view a copy of this license, visit: http://creativecommons.org/licenses/by/3.0/us/ Or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. Individuals are encouraged to cite this report and its contents. In doing so, please include the following attribution: Global Media Philanthropy: What Funders Need to Know About Data, Trends and Pressing Issues Facing the Field, by Sarah Armour-Jones and Jessica Clark, March 2019. Questions? [email protected] Want to go deeper? We’ve embedded links throughout the PDF version of this report, available online at mediaimpactfunders.org/our-work/reports/. You’ll find them if you hover over the text. Find something interesting in this report that you’d like to share? Find us on Twitter @MediaFunders Media Impact Funders 200 W. Washington Square, Suite 220 Philadelphia, PA 19128 215-574-1322 mediaimpactfunders.org Acknowledgements We’d like to thank Candid (formerly the Foundation Center and GuideStar) for creating our media grants data map and for making their data available. This report was produced with support from the Bill &
    [Show full text]
  • Reporting Facts: Free from Fear Or Favour
    Reporting Facts: Free from Fear or Favour PREVIEW OF IN FOCUS REPORT ON WORLD TRENDS IN FREEDOM OF EXPRESSION AND MEDIA DEVELOPMENT INDEPENDENT MEDIA PLAY AN ESSENTIAL ROLE IN SOCIETIES. They make a vital contribution to achieving sustainable development – including, topically, Sustainable Development Goal 3 that calls for healthy lives and promoting well-being for all. In the context of COVID-19, this is more important than ever. Journalists need editorial independence in order to be professional, ethical and serve the public interest. But today, journalism is under increased threat as a result of public and private sector influence that endangers editorial independence. All over the world, journalists are struggling to stave off pressures and attacks from both external actors and decision-making systems or individuals in their own outlets. By far, the greatest menace to editorial independence in a growing number of countries across the world is media capture, a form of media control that is achieved through systematic steps by governments and powerful interest groups. This capture is through taking over and abusing: • regulatory mechanisms governing the media, • state-owned or state-controlled media operations, • public funds used to finance journalism, and • ownership of privately held news outlets. Such overpowering control of media leads to a shrinking of journalistic autonomy and contaminates the integrity of the news that is available to the public. However, there is push-back, and even more can be done to support editorial independence
    [Show full text]
  • English Philosopher and Economist 1806–1873
    MEDIA LAW [ HANDBOOK SERIES ] [ United States Department of State ] [ Bureau of International Information Programs ] MEDIA LAW [ HANDBOOK SERIES ] [ United States Department of State ] [ Bureau of International Information Programs ] [ Media Law ] Media Law Handbook A Handbook Series Edition Published in 2013 by: Bureau of International Information Programs United States Department of State ISBN (print) 978-1-622-39903-1 ISBN (ePub) 978-1-622-39906-2 ISBN (mobi) 978-1-622-39909-3 STAFF Coordinator: ........................... Dawn McCall Executive Editor: ................... Jonathan Margolis Publications Office Director: ..Michael Jay Friedman Editor in Chief: ....................... Lynne D. Scheib Managing Editor: ................... Anita Green Art Director/Design: ............... David Hamill, Lauren Russell, Julia Maruszewski Writer: ..................................... Jane Kirtley Photo researcher: .................. Maggie Sliker Jane Kirtley has been the Silha Professor of Media Ethics and Law at the School of Journalism and Mass Com- munication at the University of Minnesota since August 1999. She was named Director of the Silha Center in May 2000. Prior to that, she was Executive Director of The Reporters Committee for Freedom of the Press in Arlington, Virginia, for 14 years. Before joining the Reporters Committee staff, Kirtley was an attorney for five years with the law firm of Nixon, Hargrave, Devans and Doyle in Rochester, New York, and Washington, D.C. She is a member of the New York, District of Columbia, and Virginia bars. Kirtley also worked as a reporter for the Evansville Press (Indiana) and The Oak Ridger and Nashville Banner (Tennessee). Front Cover: From left to right, top to bottom: Courtesy of Prints and Photographs Division, Library of Congress. © AP Images/Haraz Ghanbari.
    [Show full text]
  • Kyrgyzstan: Reform of the Media Laws 2020
    Kyrgyzstan: Reform of the media laws 2020 This project is funded by the European Union First published by ARTICLE 19, 2020 © ARTICLE 19, 2020 ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA UK www.article19.org A19/ECA/2021/007/English This analysis was written and produced by ARTICLE 19. We are grateful to the Media Policy Institute for allowing us to use and build upon their existing research in this analysis. This work is provided under the Creative Commons Attribution-Non-Commercial- ShareAlike 3.0 licence. You are free to copy, distribute and display this work and to make derivative works, provided you: 1) give credit to ARTICLE 19; 2) do not use this work for commercial purposes; 3) distribute any works derived from this publication under a license identical to this one. To access the full legal text of this license, please visit: https://creativecommons.org/licenses/ by-sa/3.0/legalcode ARTICLE 19 would appreciate receiving a copy of any materials in which information from this report is used. This project is funded by the European Union This publication has been produced with the financial support of the European Union. Its contents are the sole responsibility of ARTICLE 19 and the Media Dialogue project and do not necessarily reflect the views of the European Union. 2 Table of contents Introduction 4 Applicable international freedom of expression standards 6 Limitations on the right to freedom of expression 6 Media regulation 7 General observations 8 Need for a differentiated approach 8 Cross-cutting issues 9 Long-term
    [Show full text]
  • Materializing the Military
    MATERIALIZING THE MILITARY Edited by Bernard Finn Barton C Hacker Smithsonian Institution, Washington DC Associate Editors Robert Bud Science Museum, London Helmuth Trischler Deutsches Museum, Munich . sCience museum Published 2005 by NMSI Trading Ltd, Science Museum, Exhibition Road, London SW7 2DD All rights reserved © 2005 Board ofTrustees of the Science Museum, except for contributions from employees of US national museums Designed by Jerry Fowler Printed in England by the Cromwell Press ISBN 1 90074760 X ISSN 1029-3353 Website http://www.nmsi.ac.uk Artefacts series: studies in the history of science and technology In growing numbers, historians are using technological artefacts in the study and interpretation of the recent past. Their work is still largely pioneering, as they investigate approaches and modes of presentation. But the consequences are already richly rewarding. To encourage this enterprise, three of the world's greatest repositories of the material heritage of science and technology: the Deutsches Museum, the Science Museum and the Smithsonian Institution, are collaborating on this book series. Each volume treats a particular subject area, using objects to explore a wide range of issues related to science, technology and medicine and their place in society. Edited by Robert Bud, Science Museum, London Bernard Finn, Smithsonian Institution, Washington DC Helmuth Trischler, Deutsches Museum, Munich Volume 1 Manifesting Medicine Principal Editor Robert Bud Volume 2 Exposing Electronics Principal Editor Bernard Finn Volume 3 Tackling Transport Principal Editors Helmuth Trischler and Stefan Zeilinger Volume 4 Presenting Pictures Principal Editor Bernard Finn Volume 5 Materializing the Military Principal Editors Bernard Finn and Barton C Hacker Volume.
    [Show full text]
  • Freedom of the Press 2005
    FREEDOM OF THE PRESS 2005 FREEDOM OF THE PRESS 2005 A Global Survey of Media Independence EDITED BY KARIN DEUTSCH KARLEKAR FREEDOM HOUSE NEW YORK WASHINGTON, D.C. ROWMAN & LITTLEFIELD PUBLISHERS, INC. LANHAM BOULDER NEW YORK TORONTO OXFORD ROWMAN & LITTLEFIELD PUBLISHERS, INC. Published in the United States of America by Rowman & Littlefield Publishers, Inc. A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc. 4501 Forbes Boulevard, Suite 200, Lanham, MD 20706 www.rowmanlittlefield.com P.O. Box 317, Oxford OX2 9RU, United Kingdom Copyright © 2005 by Freedom House All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. ISSN 1551-9163 ISBN 0-7425-4028-6 (cloth : alk. paper) ISBN 0-7425-4029-4 (pbk. : alk. paper) Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992. Table of Contents Acknowledgments, vii The Survey Team, ix Survey Methodology, xvii Press Freedom in 2004, 1 Karin Deutsch Karlekar Global and Regional Tables, 11 Country Reports and Ratings, 19 Freedom House Board of Trustees, 225 About Freedom House, 226 Acknowledgments Freedom of the Press 2005 could not have been completed without the contributions of numerous Freedom House staff and consultants. The following section, entitled “The Survey Team,” contains a detailed list of writers and advisers without whose efforts and input this project would not have been possible.
    [Show full text]
  • HIGH SCHOOL Top10 the Ten Questions High School Student Journalists Most Frequently Ask About Their Rights
    Student Press Law Center’s HIGH SCHOOL Top10 The ten questions high school student journalists most frequently ask about their rights. Q: Do high school students have First Amendment rights? Yes. As the United States Supreme Court said in 1969, “It can hardly be argued that either students A: or teachers shed their constitutional right to freedom of speech at the schoolhouse gate.” But the First Amendment prohibits only government officials from suppressing speech; it does not prevent school censorship at private schools. A state constitution, statute or school policy could provide private school students with free speech protections. Q: What about the Hazelwood decision? Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme Court decision, gave public high A: school officials greater authority to censor some school-sponsored student publications if they choose to do so. But the ruling doesn’t apply to publications that have been opened as “public forums for student expression.” It also requires school officials to demonstrate some reasonable educational justification before they can censor anything. In addition, 13 states (Arkansas, California, Colorado, Illinois, Iowa, Kansas, Oregon, Maryland, Massachusetts, Nevada, North Dakota, Rhode Island and Vermont) have passed laws that give students stronger free expression protection than Hazelwood. As part of SPLC’s “New Voices” effort, other states are considering such laws. Q: What is a “public forum for student expression?” A student publication is a public forum for student expression when school officials have given A: student editors the authority to make their own content decisions. Schools can do that through an official policy or by simply allowing a publication to operate with editorial independence.
    [Show full text]
  • Updated Sky News Editorial Guidelines
    Updated Sky News Editorial Guidelines Contents Page Key messages 2 Amendments 3 Referral process 3 1. The law 4 2. Editorial independence of Sky News 5 3. The public interest — conflict with the law 6 4. Bribery act 2010 facilitation payments and hospitality 9 5. Privacy 10 6. Defamation 12 7. Live libels 13 8. Contempt 14 9. Copyright and fair dealing 17 10. Compliance and regulation 18 11. Fairness 19 12. Due impartiality and due accuracy 20 13. Elections and referendums 22 14. Commercial issues 23 15. Protecting under-18s 24 16. Complaints and mistakes 25 17. Breaking news stories 26 18. Newspaper Reviews 27 19. Multi-product thinking 28 20. Portrayal 29 21. Note-taking 30 22. Payment 31 23. Reconstructions 32 24. Social media and public appearances 33 Sky News editorial guidelines Introduction Dear colleagues, This is the third edition of the guidelines which has been updated to reflect your feedback and to provide relevant guidance on the issues we deal with on a daily basis. Sky plays a highly valued role in the lives of millions of people across the UK and Ireland – and Sky News is a very important part of that: with our linear TV , digital and radio services we can reach almost everyone in the UK with first class content, provide value to our customers and give non-subscribers a window on Sky’s products. Social media plays an increasingly important role in our daily working lives and it is important that we apply the same standards to all of our content on whichever platform we share it.
    [Show full text]
  • Establishing Constitutional Malice for Defamation and Privacy/False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer, 22 Loy
    Loyola of Los Angeles Entertainment Law Review Volume 22 Number 2 Symposium: Tune in, Turn on, Cop Article 7 Out? The Media and Social Responsibility 1-1-2002 Establishing Constitutional Malice for Defamation and Privacy/ False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer David A. Elder Neville L. Johnson Brian A. Rishwain Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation David A. Elder, Neville L. Johnson, and Brian A. Rishwain, Establishing Constitutional Malice for Defamation and Privacy/False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer, 22 Loy. L.A. Ent. L. Rev. 327 (2002). Available at: https://digitalcommons.lmu.edu/elr/vol22/iss2/7 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ESTABLISHING CONSTITUTIONAL MALICE FOR DEFAMATION AND PRIVACY/FALSE LIGHT CLAIMS WHEN HIDDEN CAMERAS AND DECEPTION ARE USED BY THE NEWSGATHERER David A. Elder,* Neville L. Johnson**and Brian A. Rishwain*** "There is a photographer in every bush, going about like a roaring lion seeking whom he may devour."I "What is slander? A verdict of 'guilty'pronouncedin the absence of the accused, with closed doors, without defence or appeal, by an interestedand prejudicedjudge. ,,2 "Liars are persuaded by their own excuses to a degree that seems incredibleto others.
    [Show full text]
  • Government Advertising As an Indicator of Media Bias in India
    Sciences Po Paris Government Advertising as an Indicator of Media Bias in India by Prateek Sibal A thesis submitted in partial fulfillment for the degree of Master in Public Policy under the guidance of Prof. Julia Cage Department of Economics May 2018 Declaration of Authorship I, Prateek Sibal, declare that this thesis titled, 'Government Advertising as an Indicator of Media Bias in India' and the work presented in it are my own. I confirm that: This work was done wholly or mainly while in candidature for Masters in Public Policy at Sciences Po, Paris. Where I have consulted the published work of others, this is always clearly attributed. Where I have quoted from the work of others, the source is always given. With the exception of such quotations, this thesis is entirely my own work. I have acknowledged all main sources of help. Signed: Date: iii Abstract by Prateek Sibal School of Public Affairs Sciences Po Paris Freedom of the press is inextricably linked to the economics of news media busi- ness. Many media organizations rely on advertisements as their main source of revenue, making them vulnerable to interference from advertisers. In India, the Government is a major advertiser in newspapers. Interviews with journalists sug- gest that governments in India actively interfere in working of the press, through both economic blackmail and misuse of regulation. However, it is difficult to gauge the media bias that results due to government pressure. This paper determines a newspaper's bias based on the change in advertising spend share per newspa- per before and after 2014 general election.
    [Show full text]
  • Ethical Challenges for Journalists in Dealing with Hate Speech
    1 Ethical Challenges for Journalists in Dealing with Hate Speech Aidan White The aspiration not to promote or incite discrimination is one of the cardinal principles of ethical journalism but, nevertheless, some journalists still make political propaganda for racist groups and media still become weapons of intolerance. In a complex news environment journalists are sometimes casual victims of prejudice and political manipulation. Too often, ignorance and a lack of appreciation of different cultures, traditions and beliefs leads to media stereotypes that reinforce racist attitudes and strengthen the appeal of political extremists. Hate speech laws have been seen as a legitimate antidote to racism, insofar as they protect vulnerable groups from objective harm, such as incitement to hostility, discrimination or violence. But in some countries hate speech laws go beyond protection from objective harm and prohibit any statements which are perceived as offensive. After the experience of the Balkan wars of the 1990s and the Rwanda Genocide, no journalist can doubt the capacity of media to do great harm when it is under the control of fanatical and ruthless forces and the codes of reporters and editors are filled with warning to guard against forms of speech that degrade, intimidate, or incite violence or prejudicial action against others. The European Court has famously concluded that free speech extends also to statements which “shock, offend or disturb.”1 However, some countries have in place laws that invite a collision between judges and journalists over where to draw the line. 1Handyside v UK (1976) 1 EHRR 737, In France, for instance, the Loi sur la liberté de la presse prohibits ‘attacks against honour’ by reason of ethnicity, nationality, race or religion.
    [Show full text]