Co-Regulation of the Media in Europe

Total Page:16

File Type:pdf, Size:1020Kb

Co-Regulation of the Media in Europe Co-Regulation of the Media in Europe Published by the European Audiovisual Observatory In addition to the question of which media and services should be regulated and to what extent, the regulatory apparatus itself has been a topic of debate for some time now. The discussion has particularly centred on the possibility, either alongside or instead of traditional legislation (parliamentary acts, ordinances, directives, etc), of introducing “alternative” forms of regulation. Self-monitoring, self-regulation and co-regulation are examples of these alternative types of regulation, the boundaries between which are difficult to define. This IRIS Special focuses in particular on co-regulation. This publication explains co-regulation, offers current examples of its use and discusses possible areas in which it may be applied. It describes the characteristics and legal requirements of co-regulation, as well as the chances and risks associated with it. Any discussion of co-regulation should take into account the current debate over what criteria should be met by the content of audiovisual regulation. Acceptance, competence, flexibility, harmonisation, simplification, legal certainty and speed are just a few key concepts which come to mind and which are discussed in the report. As well as practical demands, the publication considers how co-regulation can be brought in from a technical point of view. In particular, the interfaces between traditional and alternative methods of regulation are explained in concrete terms, with reference to existing European regulatory instruments. Four questions form a central theme throughout the various articles: Is there already a legal framework for co-regulation? Are there good or bad examples of its use? What tools are needed for this and who is in charge of them? Consideration is also given to possible differences between national and supranational co-regulation and to whether there is a need for a European framework for co-regulation. We cannot expect to find conclusive answers to many of these questions. The publication offers sound knowledge and current examples which make co-regulation easier to understand and contribute constructively to the co-regulation debate. The information presented in this IRIS Special was gathered at a workshop on the theme of “Co-regulation of the Media in Europe”, held in September 2002 at the European University Institute in Florence. The different parts of the publication reflect various stages of preparations for and follow-up to the workshop, as well as some elements presented at the event itself. They are supplemented with a selection of background material and information about the workshop. The Observatory is doubly grateful to every one of the workshop participants: firstly, for their excellent contributions to this IRIS Special and secondly for their willingness to share them with the public in this way. Our sincere thanks also go to our two partner institutions, the Institute of European Media Law (EMR) in Saarbrücken and the Institute for Information Law (IViR) in Amsterdam. They not only co-organised the workshop with the Observatory, but each also produced one of the two expert reports found at the beginning of this IRIS Special. Last but not least, we thank the European University Institute in Florence for its superb logistical support. Wolfgang Closs Susanne Nikoltchev Executive Director Head of the Legal Information Department CO-REGULATION OF THE MEDIA IN EUROPE IRIS Special: Co-Regulation of the Media in Europe European Audiovisual Observatory, Strasbourg 2003 ISBN 92-871-5141-5 EUR 27 Director of the Publication: Wolfgang Closs, Executive Director of the European Audiovisual Observatory E-mail: [email protected] Editor and Coordinator: Dr. Susanne Nikoltchev (LL.M. EUI and U of M) Head of Department Legal Information E-mail: [email protected] IRIS Special: Co-Regulation of the Media in Europe Contributing Partner Organisations: Institute for Information Law (IViR) Institute of European Media Law (EMR) Rokin 84 Nell-Breuning-Alleee 6 NL-1012 KX Amsterdam D-66115 Saarbrücken Tel.: +31 (0) 20 525 34 06 Tel.: +49 (0) 681 99 275 11 Fax: +31 (0) 20 525 30 33 Fax: +49 (0) 681 99 275 12 E-mail: [email protected] E-mail: [email protected] URL: http://ivir.nl URL: http://www.emr-sb.de/ Editorial Assistant: Michelle Ganter Marketing: Markus Booms E-mail: [email protected] Typesetting/Print: Pointillés, Hoenheim (France) Publisher: European Audiovisual Observatory 76 Allée de la Robertsau F-67000 Strasbourg Tel.: +33 (0)3 88 14 44 00 - Fax: +33 (0)3 88 14 44 19 E-mail: [email protected] URL: http://www.obs.coe.int © European Audiovisual Observatory, 2003. Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe. CO-REGULATION OF THE MEDIA IN EUROPE INDEX Part I Co-Regulation of the Media in Europe . 1 European Provisions for the Establishment of Co-Regulation Frameworks . 3 The Potential for Practice of an Intangible Idea . 15 Part II 15 Topical Contributions to the Co-Regulation Debate . 27 Self-Monitoring v. Self-Regulation v. Co-Regulation . 29 Introduction to the Self-Regulatory System of the EASA. 33 Assumptions about Self-Regulation in the Media . 37 Protection of Human Dignity, Distribution of Racist Content (Hate Speech). 43 Self-Regulation – The Swedish Model. 47 Technical Standards . 49 Converged Classification. Fantasy or Reality? . 55 Self-Regulation, Co-Regulation and Reform of Media Regulation in the UK . 59 The European Union Legal and Policy Framework. 63 The Approach of the Council of Europe. 67 Self-Regulation or Co-Regulation? . 71 What are the Conditions for Setting-up (for the first time) a Co-Regulatory System? . 77 The Implementation and Enforcement of Co-Regulation Codes in a Transfrontier Context . 79 EASA’s Working Cross-Border Complaints System: Illustrated and Explained . 83 Self-Regulation and Co-Regulation: a Broadcasting Perspective . 87 Part III Self- and Co-Regulation Verbatim: Examples of Texts and Other Background Material . 95 Examples of Texts EASA’s Common Principles and Operating Standards of Best Practice . 97 ICC International Code of Advertising Practice (1997 Edition) Commission on Marketing, Advertising and Distribution, 21 April 1997 . 102 Regulations for the Conduct of an Examination of the Voluntary Self-Regulation Authority for Television (Prüfordnung der Freiwilligen Selbstkontrolle Fernsehen - PrO-FSF) of 30 June 1995 (last amended on 19 April 2002). 107 Protection of Human Dignity and Prohibition of Hate Speech . 112 Code of Ethics for the Swedish Press, Radio and Television . 114 European Telecommunications Standards Institute (ETSI) Directives - April 2002 . 116 CO-REGULATION OF THE MEDIA IN EUROPE Background Material Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market (Directive on Electronic Commerce) . 123 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with regard to the Processing of Personal Data and on Free Movement of Such Data . 124 Council Recommendation of 24 September 1998 on the Development of the Competitiveness of the European Audiovisual and Information Services Industry by Promoting National Frameworks Aimed at Achieving a Comparable and Effective Level of Protection of Minors and Human Dignity (98/560/EC). 125 Commission of the European Communities: European Governance – a White Paper 25 July 2001, COM(2001) 428 Final . 130 Mandelkern Group on Better Regulation Final Report 13 November 2001 . 131 Recommendation No. R (2001) 8 on Self-regulation concerning Cyber Content (Self-regulation and User Protection against Illegal or Harmful Content on New Communications and Information Services) . 132 Annex Workshop OBS/IViR/EMR 2002: Co-regulation of the Media in Europe . 135 Agenda . 137 List of Participants. 139 CO-REGULATION OF THE MEDIA IN EUROPE 1 Part I Co-Regulation of the Media in Europe What role can co-regulation play in the audiovisual media sector? What is co-regulation anyway? How is it different from self-monitoring and self-regulation? Is there a European legal framework for co-regulation? The first of the following expert reports investigates these questions, concentrating on European Union and Council of Europe legal provisions in this field. As far as audiovisual services are concerned, these provisions cover, inter alia, the bodies entrusted with monitoring powers within a co-regulation framework, as well as the staffing, tasks, competencies and, last but certainly not least, supervision of these bodies. The second report deals with the practical implementation of the idea of co-regulation. This is illustrated using concrete examples from EC law governing the audiovisual sector and domestic legislation on the independence of journalists, incitement to hatred, protection of minors, advertising and technical standards. © 2003, European Audiovisual Observatory, Strasbourg (France) CO-REGULATION OF THE MEDIA IN EUROPE 3 European Provisions for the Establishment of Co-Regulation Frameworks by Dr. Carmen Palzer Institute of European Media Law (EMR), Saarbrücken/Brussels The concepts of co-regulation, self-regulation and self-monitoring have become central to the current political and academic debate on alternatives to traditional forms of public authority control. The debate
Recommended publications
  • The Media Self-Regulation Guidebook
    The Media Self-Regulation Guidebook All questions and answers The Representative on Organization for Security and Co-operation in Europe Freedom of the Media The OSCE Representative on Freedom of the Media wishes to thank the Governments of France, Germany and Ireland for their generous support to this publication. We would also like to extend our gratitude to Robert Pinker, Peter Stuber and the AIPCE members for their invaluable contributions to this project. The views expressed by the authors in this publication are their own and do not necessarily reflect the views of the OSCE Representative on Freedom of the Media. Published by Miklós Haraszti, the OSCE Representative on Freedom of the Media Edited by Adeline Hulin and Jon Smith © 2008 Office of the Representative on Freedom of the Media Organization for Security and Co-operation in Europe (OSCE) Wallnerstrasse 6 A-1010 Vienna, Austria Tel.: +43-1 514 36 68 00 Fax: +43-1 514 36 6802 E-mail: [email protected] http://www.osce.org/fom Design & Layout: Phoenix Design Aid, Denmark ISBN 3-9501995-7-2 The Media Self-Regulation Guidebook All questions and answers The OSCE Representative on Freedom of the Media Miklós Haraszti Vienna 2008 CONTENTS Contents 7 Miklós Haraszti Foreword 9 I. The merits of media self-regulation Balancing rights and responsibilities By Miklós Haraszti 10 1. The nature of media self-regulation 13 2. Media self-regulation versus regulating the media 18 3. The promotion of mutual respect and cultural understanding 21 II. Setting up a journalistic code of ethics The core of media self-regulation By Yavuz Baydar 22 1.
    [Show full text]
  • We Are All Rwandans”
    UNIVERSITY OF CALIFORNIA Los Angeles “We are all Rwandans”: Imagining the Post-Genocidal Nation Across Media A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Film and Television by Andrew Phillip Young 2016 ABSTRACT OF DISSERTATION “We are all Rwandans”: Imagining the Post-Genocidal Nation Across Media by Andrew Phillip Young Doctor of Philosophy in Film and Television University of California, Los Angeles, 2016 Professor Chon A. Noriega, Chair There is little doubt of the fundamental impact of the 1994 Rwanda genocide on the country's social structure and cultural production, but the form that these changes have taken remains ignored by contemporary media scholars. Since this time, the need to identify the the particular industrial structure, political economy, and discursive slant of Rwandan “post- genocidal” media has become vital. The Rwandan government has gone to great lengths to construct and promote reconciliatory discourse to maintain order over a country divided along ethnic lines. Such a task, though, relies on far more than the simple state control of media message systems (particularly in the current period of media deregulation). Instead, it requires a more complex engagement with issues of self-censorship, speech law, public/private industrial regulation, national/transnational production/consumption paradigms, and post-traumatic media theory. This project examines the interrelationships between radio, television, newspapers, the ii Internet, and film in the contemporary Rwandan mediascape (which all merge through their relationships with governmental, regulatory, and funding agencies, such as the Rwanda Media High Council - RMHC) to investigate how they endorse national reconciliatory discourse.
    [Show full text]
  • Issues and Consequences of Newspaper Framing on Ethnic Conflict: a Qualitative Study of Ethnic Group Leaders’ Conflict Frames
    Jurnal Komunikasi Malaysian Journal of Communication Jilid 32 (2) 2016: 294-316 ______________________________________________________________________________ ISSUES AND CONSEQUENCES OF NEWSPAPER FRAMING ON ETHNIC CONFLICT: A QUALITATIVE STUDY OF ETHNIC GROUP LEADERS’ CONFLICT FRAMES RASAQ MUHAMMED ADISA UNIVERSITY OF ILORIN, NIGERIA ROSLI BIN MOHAMMED MOHD. KHAIRIE AHMAD UNIVERSITI UTARA MALAYSIA Abstract This paper attempts to explore the waves of media frames on ethnic group leaders’ conflict frames. In general, the effects of what media frame as news on public behaviours to politics have been discussed extensively in scholarly works. However, the extent that newspapers framing stimulate conflict frame (behaviours) in ethnic leaders who rheostat the hearts and minds of ethnic groups, are still underexplored. Specifically, this study seeks to understand the extent that media frames about ethnic issues have become the driving force behind volatile ethnic groups in Nigeria. Therefore, series of in-depth interviews on 26 ethnic group leaders were conducted and data were analyzed thematically using NVIVO 10 software. The study found that the unswerving newspapers framing on ethnic issues, especially on interethnic relations and politics, culminated to inciting, double standard, name calling, all of which stemmed from the ownership interest, are some of the major factors that widen ethnic differences and eventually stimulated ethnic groups into conflict. Based on the lived experiences of the ethnic group leaders, newspapers are culpable
    [Show full text]
  • Colorado February Issues Survey
    In your own words, please describe the reasons why you agree that more government regulation and oversight of social media companies is needed. Region/Sex Age Marital College Party Response There just needs to be agreement to ethics. A pledge they agree to in order to have access to S Town Fem Old Boom Married 4+ Yr Dem. adds or some sort of quid pro quo S Town Fem Old Boom Married 4+ Yr Dem. has become a sounding board for too many anonymous bullies Sub. Male Old Boom Married 4+ Yr Dem. Either social media controls itself or it needs to be controlled To extent possible we need to balance free speech with the proliferation of lies & Urb. Fem Old Boom Married 4+ Yr Dem. misinformation that is potentially harmful. Urb. Fem Old Boom Married 4+ Yr Dem. To get accurate news and the correct information Urb. Fem Old Boom Married 4+ Yr Dem. Unregulated & out of control. S Town Fem Old Gen X Married 4+ Yr Dem. Because its all spewing of disinformation and stupid people believe it. Regulation of incorrect and potentially degrading comments, fueling ideas like the capital Sub. Fem Old Gen X Married 4+ Yr Dem. insurrection. The media that has been around for the last decade is fine; its the newer conspiracy theory FOX type of news who ironically started the idea of fakenews when they are of course the Sub. Fem Old Gen X Married 4+ Yr Dem. fake news. Scary what normally intelligent people will believe. Rur. Fem Old Mill. Married 4+ Yr Dem.
    [Show full text]
  • Media, Protest and Resistance in Authoritarian Contexts Media, Protest and Resistance in Authoritarian Contexts
    APSA 2020 WORKING CONFERENCE PAPER Hashemi – Media, Protest and Resistance in Authoritarian Contexts Media, Protest and Resistance in Authoritarian Contexts Layla M. Hashemi, Ph.D. Public Policy George Mason University, 2020 [email protected] laymay.com Abstract Information communication technologies (ICTs) facilitate transnational connection, coordination and collaboration, which are essential for new social movements. At the same time, issues of access and censorship hinder social movement use of social media for mobilization. This paper examines how internet technology is used by social movements to discuss issues of identity, dignity and justice and to contest gender-based discriminatory laws. Through subtle everyday acts of protests, women contest state narratives by documenting their presence in both physical and virtual public spaces. Iranian women practice the art of presence, demonstrating social media activism’s ability to circumvent censorship and facilitate public discourse regarding controversial issues under repressive contexts. This study collects and analyzes data from Twitter and other social networking platforms to investigate the evolution of digital campaigns and relates these cases to the long-standing tradition of Iranian women’s voices with a focus on the critical role of the camera and user generated content in art and daily life. Keywords: social movements; social media; internet studies; information communication technology; computational social science; Iran; gender; human rights DRAFT WORKING PAPER Prepared for the Annual Meeting of the American Political Science Association, September 2020 1 “Where there is power there is resistance” - Michel Foucault Information communication technologies (ICTs) facilitate transnational connection, coordination and collaboration, which are essential for new social movements. At the same time, issues of access and censorship hinder social movement use of social media for mobilization.
    [Show full text]
  • Media Law Handbook for Eastern Africa VOLUME 2
    Media Law Handbook for Eastern Africa VOLUME 2 Media Law Handbook for Eastern Africa VOLUME 2 Justine Limpitlaw KONRAD-ADENAUER-STIFTUNG REGIONAL MEDIA PROGRAMME • JOHANNESBURG • 2016 Published by Konrad-Adenauer-Stiftung Regional Media Programme: Sub-Saharan Africa 60 Hume Road PO Box 55012 Dunkeld 2196 Northlands Johannesburg 2116 Republic of South Africa Republic of South Africa Telephone: +27 (0)11 214-2900 Telefax: +27 (0)11 214-2913/4 www.kas.de/mediaafrica ISBN: 978-0-9870243-4-3 © Konrad-Adenauer-Stiftung, 2016 This publication is an open source publication. Parts thereof may be reproduced or quoted provided the publication is fully acknowledged as the source thereof. Cover design: Jocelyn Adamson Design Author photograph: Lisa Trocchi, [email protected] Editing, layout Tracy Seider, Tyrus Text and Design and production: [email protected] Printing: United Litho, South Africa v Acknowledgements It is not easy to write a book about media law in Eastern Africa because of the difficulty in accessing the laws. In a number of countries, consolidated laws are not published so one has to piece together the current state of the law based on a series of amendment acts. Law reports are not published, so copies of actual judgments have to be obtained from the courts. In many countries there is only one source of statutes or regulations: the government printer, with a single outlet in the capital. Not only is it tough for journalists in these countries to access laws, it is tough for an author to track them down. This book would therefore not have been written without the very great assistance provided by lawyers in or from these countries.
    [Show full text]
  • The Alt-Right: a Discourse Analysis/Deplatforming and the Role of Social Media in the Regulation of Speech
    St. Cloud State University theRepository at St. Cloud State Culminating Projects in English Department of English 3-2020 The Alt-Right: A Discourse Analysis/Deplatforming and the Role of Social Media in the Regulation of Speech Michael Fry Follow this and additional works at: https://repository.stcloudstate.edu/engl_etds Recommended Citation Fry, Michael, "The Alt-Right: A Discourse Analysis/Deplatforming and the Role of Social Media in the Regulation of Speech" (2020). Culminating Projects in English. 156. https://repository.stcloudstate.edu/engl_etds/156 This Starred Paper is brought to you for free and open access by the Department of English at theRepository at St. Cloud State. It has been accepted for inclusion in Culminating Projects in English by an authorized administrator of theRepository at St. Cloud State. For more information, please contact [email protected]. The Alt-Right: A Discourse Analysis ***************************************** Deplatforming and the Role of Social Media in the Regulation of Speech by Michael Fry A Starred Paper Submitted to the Graduate Faculty of St. Cloud State University in Partial Fulfillment of the Requirements for the Degree of Master of Arts in English: Rhetoric and Writing March, 2020 Starred Paper Committee: Matthew Barton, Chairperson Michael Dando Debra Japp The Alt-Right: A Discourse Analysis by Michael Fry A Starred Paper Submitted to the Graduate Faculty of St. Cloud State University in Partial Fulfillment of the Requirements for the Degree of Master of Arts in English: Rhetoric
    [Show full text]
  • Why Kids Are 'Lovin' It': a Q Methodology Analysis of the Appeal of Mcdonald's Erica Nelson Rivera Brigham Young University
    Brigham Young University BYU ScholarsArchive All Theses and Dissertations 2016-06-01 Why Kids Are 'Lovin' It': A Q Methodology Analysis of the Appeal of McDonald's Erica Nelson Rivera Brigham Young University Follow this and additional works at: https://scholarsarchive.byu.edu/etd Part of the Communication Commons BYU ScholarsArchive Citation Rivera, Erica Nelson, "Why Kids Are 'Lovin' It': A Q Methodology Analysis of the Appeal of McDonald's" (2016). All Theses and Dissertations. 6440. https://scholarsarchive.byu.edu/etd/6440 This Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in All Theses and Dissertations by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Why Kids Are 'Lovin' It': A Q Methodology Analysis of the Appeal of McDonald’s Erica Nelson Rivera A thesis submitted to the faculty of Brigham Young University in partial fulfillment of the requirements for the degree of Master of Arts Tom Robinson, Chair Clark Callahan Kristoffer Boyle School of Communications Brigham Young University June 2016 Copyright © 2016 Erica Nelson Rivera All Rights Reserved ABSTRACT Why Kids Are 'Lovin' It': A Q Methodology Analysis of the Appeal of McDonald’s Erica Nelson Rivera School of Communications, BYU Master of Arts The dramatic rise in childhood obesity is a major concern nationwide. Unprecedented media exposure, drastically decreased time spent interacting as a family, and the consumption of calorie-dense foods are all heated topics of discussion with ties to weight gain. In this research, possible associations are examined between media, social groups and a favorite fast-food restaurant among children: McDonald’s.
    [Show full text]
  • Media Framing of Political Conflict: a Review of the Literature
    This is a repository copy of Media framing of political conflict: A review of the literature. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/117315/ Monograph: Vladisavljević, N (2015) Media framing of political conflict: A review of the literature. Working Paper. MeCoDEM . ISSN 2057-4002 (Unpublished) ©2015 Nebojša Vladisavljević. The Working Papers in the MeCoDEM series serve to disseminate the research results of work in progress prior to publication in order to encourage the exchange of ideas and academic debate. Inclusion of a paper in the MeCoDEM Working Papers series does not constitute publication and should not limit publication in any other venue. Copyright remains with the authors. Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Nebojša Vladisavljević Media framing of political conflict: A review of the literature May 2015 1 The Working Papers in the MeCoDEM series serve to disseminate the research results of work in progress prior to publication in order to encourage the exchange of ideas and academic debate.
    [Show full text]
  • Regulation of Food Advertising to Children in Six Jurisdictions: a Framework for Analyzing and Improving the Performance of Regulatory Instruments [Article]
    Regulation of Food Advertising to Children in Six Jurisdictions: A Framework for Analyzing and Improving the Performance of Regulatory Instruments [Article] Item Type Article; text Authors Reeve, Belinda; Magnusson, Roger Citation 35 Ariz. J. Int'l & Comp. L. 71 (2018) Publisher The University of Arizona James E. Rogers College of Law (Tucson, AZ) Journal Arizona Journal of International and Comparative Law Rights Copyright © The Author(s) Download date 25/09/2021 18:04:56 Item License http://rightsstatements.org/vocab/InC/1.0/ Version Final published version Link to Item http://hdl.handle.net/10150/658798 REGULATION OF FOOD ADVERTISING TO CHILDREN IN SIX JURISDICTIONS: A FRAMEWORK FOR ANALYZING AND IMPROVING THE PERFORMANCE OF REGULATORY INSTRUMENTS Belinda Reeve & Roger Magnusson TABLE OF CONTENTS ABSTRACT................... .................................. ....... 72 I. INTRODUCTION ........................................................... 72 II. REGULATORY CONTROLS ON FOOD ADVERTIZING TO CHILDREN IN SIX JURISDICTIONS ............................................................. 76 A. The Regulatory Landscape for Children's Food Advertising..................76 B. The six different regulatory models ............................ 80 III. EVALUATING THE OUTCOMES OF RESTRICTIONS ON FOOD ADVERTISING TO CHILDREN................... .................................. ....... 85 A. Findings of Studies Evaluating the Impact of Food Advertising Regulation ............................................... 86 B. Methodological Differences Between
    [Show full text]
  • Freedom of Speech and Media
    CARR CENTER FOR HUMAN RIGHTS POLICY 1 SPRING 2021 ISSUE 013 CARR CENTER FOR HUMAN RIGHTS POLICY HARVARD KENNEDY SCHOOL Freedom of Speech and Media Reimagining Rights & Responsibilities in the U.S. 2 CARR CENTER FOR HUMAN RIGHTS POLICY Reimagining Rights & Responsibilities in the United States: Freedom of Speech and Media Carr Center for Human Rights Policy Harvard Kennedy School, Harvard University February 15, 2021 John Shattuck Carr Center Senior Fellow; Former US Assistant Secretary of State for Democracy, Human Rights, and Labor; Professor of Practice, Fletcher School, Tufts University Mathias Risse Lucius N. Littauer Professor of Philosophy and Public Administration; Director for the Carr Center for Human Rights Policy The authors’ institutional affiliations are provided for purposes of author identification, not as indications of institutional endorsement of the report. This report is part of a Carr Center project on Reimagining Rights and Responsibilities in the United States, directed by John Shattuck. The project has been overseen by a faculty committee chaired by Mathias Risse, with the collaboration of Executive Director Sushma Raman, and the support of the Carr Center staff. This research paper was drafted by Kathleen Addison (RA). The authors are grateful to Michael Blanding and Mayumi Cornejo for editing, and Alexandra Geller for editorial and design. CARR CENTER FOR HUMAN RIGHTS POLICY 1 Table of Contents 2. Introduction 5. Polarization and Attacks on Speech 9. Social Media and Its Impact on the Information Ecosystem 14. Recommendations 17. How to Reimagine Rights and Responsibilities 2 CARR CENTER FOR HUMAN RIGHTS POLICY Introduction As the first line of defense against The First Amendment guarantees some of the most fundamental governmental overreach, the press rights provided to Americans under the Constitution.
    [Show full text]
  • Self-Regulation and Censorship Issues in the US Film Industry in The
    UCLA UCLA Entertainment Law Review Title Not Yet Rated: Self-Regulation and Censorship Issues in the U.S. Film Industry Permalink https://escholarship.org/uc/item/6xg2x20x Journal UCLA Entertainment Law Review, 25(1) ISSN 1073-2896 Author Piepenburg, Claire Publication Date 2018 DOI 10.5070/LR8251039718 Peer reviewed eScholarship.org Powered by the California Digital Library University of California NOT YET RATED: SELF-REGULATION AND CENSORSHIP ISSUES IN THE U.S. FILM INDUSTRY Claire Piepenburg* Abstract There have been efforts to censor their content from the time movies emerged as fixtures of popular culture. In response to growing concerns about government intervention, the film industry created a self-regulatory ratings system. However, there are insufficient incentives for the industry to regulate itself, as ratings play a direct role in box office success. Critics of the ratings system have pointed to increased leniency over time and to the influence of powerful studios over the process as evidence of fundamental flaws in the regu- latory scheme. This Article suggests a more effective ratings system would base decisions in social science data to better protect children and inform parents. Table of Contents Introduction ...............................................................................................98 I. Background .......................................................................................99 A. Film Industry Regulation in the U.S., Early 1900s ....................99 B. The Hays Code Adopted, 1930s................................................101
    [Show full text]