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Chapter Three Non Legal Limitations Media Essay

发布时间:2017-04-16
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3.0 Introduction

The free press is considered as a "watchdog" over the State and as the most powerful means of mass communication. However, due to the possible limitations that surround the freedom of the press, it is not absolute. Governments find it necessary, even the most open-minded one, that some information should be censored.

In this chapter, the word "censorship" and "self-censorship" will be analysed in depth. In addition, the various types of self-censorship will be identified and dealt with.

3.1 Censorship

Censorship is defined as the act of suppressing or proscribing information or ideas that are considered too controversial. In this twentieth-century, "books, periodicals, plays, films, television and radio programs, news reports and other communication media are censored as some parts are featured to be offensive"[1]. It can be imposed by government officials, private institutions or even by individuals who indulge in self-censorship[2].

Historically, censorship was derived from the censor office in Rome in 443 B.C., which was established in order to maintain a proper census of the populace[3]. However, in China, censorship was regarded as a legal tool to control the well being of the population. In addition, China was the first country to introduce the censorship law in 300 AD. Important contents from text books and some information are still strictly controlled in modern Chinese society as compared to before.

In ancient times, the most well-known case for censorship happened in Greece in 399 B.C., where Socrates, a Greek philosopher and teacher at the same time, was sentenced to consume poison as he was perverting the morals of the youth. In the seventeenth century, issues about censorship were raised in English-speaking countries. In 1776, Sweden was the first one to suppress censorship and guarantee freedom of the press. Then in 1770, Denmark-Norway did the same. In the United States, censorship is not so favoured because many citizens view it as a "barrier" for them to express their views.

Censorship can exist in various forms. Concerning the press industry, there is often the mention of the media censorship. The news that we read, listen or watch every day is affected by media censorship. Media censorship can be defined as restricting the media, whether written or audio-visual, from publishing or broadcasting information that may cause harm to the public in general. Many people that oppose media censorship see it as a hindrance in the progression of the world.

They considered media censorship as unconstitutional because it goes against the constitution which states that everyone can express himself freely without restraint. People are not able to enjoy their right to know.

Moreover, when censorship is laid on the press, the latter is not able to state what is important in his eyes. The lack of information to the public may crippled them. Citizens are better able to take wise decision when they know the full picture and not just part of it. It can be deduced that in some part censorship is not a means to protect the public but the government itself.

However censorship is advisable in some cases. Censorship can help to avoid defamation against the government[4]. Information can be censored in order to maintain national security and to promote a good social conduct. Media censorship helps to protect a person private life. In case of crime where the culprit is a minor, it is important to hide his identity for his own benefit in the future. He may be restricted from admission in a college or university or even not able to undertake a job. When a person has been raped it is important to conceal the identity so that the victim does not face public humiliation.

Censorship can be useful in order to conceal secret information. There are some institutions like the air force or the military forces who work within secrecy. If the press is able to obtain some secret information and publish it in newspapers, this may cause trouble to these secret institutions. In U.S.A., Julian Assange, one of the founders of WikiLeaks was under fire for disseminating more than a quarter million[5]secret documents for the U.S. which involves national security. The New York Times website was blocked as it published the documents. This may even harm the relationship of a media institution and the government in these cases. However, the State does it in order to avoid havoc.

In Mauritius, a censorship law no more exists as it was abolished in 1971-1976 as stated by H.Mosaheb[6]. In Duval v. The Commissioner of Police[7]it stated that the right to freedom of expression is protected under chapter 2 of the Mauritian Constitution but there is no provision for the press against censorship. Recently during the last municipal election the IBA[8]restricted the private radios stations from broadcasting live radio programs where the public can share their views freely on any matter[9]. This was done in order not to harm democracy. This counted as a form of censorship. Ambiguously, censorship is legally permissible in Mauritius. Though censorship practice is quite disturbing, self-censorship, a form of censorship, is commonly used in many press organisations.

3.2 Self-Censorship

In many countries of the world the 'actors' in the press industry come together to formulate guidelines that they would use in order to avoid abuse of freedom of the press as outlined in the previous chapter. In other words, the journalists restrict themselves when disseminating news. This process is known as self-censorship. Media practitioners do not disclose things that they know or consider as they may be victims of torture or even face violent death. There is an internal fear that force journalist to practice self-censorship.

When a journalist engages in self-censorship it frequently reviews an article many times before publishing or broadcasting it. In other words, the journalist has to pre-plan before writing in order not to go against editorial rule. H.Mosaheb, journalist at Radio One declares that, when a controversial incident took place in Mauritius, most newspapers try to censor some key information about it in order to be on the safe side. He also mentions that even a picture in the year 1975 was banned completely in order to protect the image of the police department[10]

In the U.S.A, the guidelines about self-censorship have been devised in different States by the news media itself in collaboration with the Court in order to know what part of information may be harmful to an accused in a pending trial. For example, journalists avoid publishing the views of the public about an accused in an impending trial. This may have an effect on the final result of the trial. As compared to the U.K., the Press Council now known as PCC[11]is considered as a self-censorship institution. It was created not by the legislature but voluntarily by the newspaper industry. However, it is now more considered as a self-regulating institution.

Self-censorship is sometimes preferred by journalist as it can help to prevent sensitive issues like religions or political one which could bring destruction among citizens. Sometimes, it is a means to review the quality and subject matter of the article before it is in the hands of readers. According to a journalist[12], he practices self-censorship because for him there is only USEP[13]that will protect him and there is no other independent professional institution. He stated that he avoids stories where there are for example sexual issues, as his readers will not appreciate it. Finally he mentioned that self-censorship aids in preventing a journalist from entering into the private life of a public figure.

However, he pointed out that self-censorship is a bad method because it conceals some important truth about the offences committed by the State. Also, they are force to avoid a topic which by law is not prevented. They do not make proper use of ethics and the journalistic code of conduct. Self-censorship is considered conditional also. It is up to the journalist to know whether he will or not make use of self-censorship.

3.3 Types of Self-Censorship

3.3.1 Self-Censorship for the Protection of News Organisations

In some media organisations, they have their own journalistic policy which needs to be followed. By the time a journalist works and get trained in a news organization, he is accustomed to the values of the organisation. He is able to know what will make good and bad to the company. Journalists will avoid reporting news that will be in the interest of their organisation. Sometimes, news organisations are financed by powerful groups. For example, in France there is D'Assaut, a renowned manufacturer of weapons, who is a shareholder in almost all news organisations. The press industry is highly dependent on it. So, the press will try to conceal some information which may harm the image of D'Assaut. Due to the financial interests of the press company, much news can be unreported. Journalist has to face that challenge everyday just to safeguard their news organisations.

3.3.2 Political Censorship

All around the world many companies in the press industry are partisans of political parties. Self-censorship is practiced by journalists in order to favour a political party over another one. When disseminating information concerning the opposite parties, sometime this can be considered doubtful. Editors will try not to critise certain public figure that is in power. In Mauritius this is a common practice as many newspapers are controlled by political parties. Journalists are sometime pressurised not to publish information. Courts may emit a gagging order against a newspaper group in order to prevent it from commenting or publishing news on a specific matter or person. Recently two newspaper groups have been ordered not to write anything about a lady who forms part of a political party.

3.3.3 Sense of Duty

Everyone has the right to express himself freely. However, when enjoying the freedom of expression, one should take into consideration public peace. Journalists often censored themselves in order not to say any prejudicial notes against someone or a group. The press will be held responsible if a hurtful comment about a person is found in the newspapers. When imparting information, the press carries a great responsibility over its shoulder.

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