New settings for communication are being built, having, at one side, great corporations of television, radio, press and on line media, and at the other side the role of the independent / alternative press, understood as not bound to a private, public or state enterprise or to some economic group. It takes gradually shape the constitution of the opposition between the traditional media and the independent / alternative press, having as a material base the new technologies of (...) information. How can the new technology of information associated to the new settings of pressfreedom and the phenomenon of the contradiction of public opinion in the era of internet accomplish the mediation of the opinion in a globalized society? Or still, starting from the presupposition of the pressfreedom, how to guarantee that the society solves the contradiction of the public opinion? The phenomenon of the public opinion is contradicting because it has in itself, at the same time, the universality of constitutional principles of Law and Ethics, together with the peculiarity of the citizens’ rights and concerns. This contradiction finds its solution by means of the mediation of the freedom of the press itself within a frame of democratic legality. This is the power of the contradiction: to put into effect the dialectic tension between the opposed poles of the universal and the particular in the pressfreedom, avowing the right of every citizen to express publicly his opinion. This is Hegel’s theory of public opinion: the pressfreedom and the parliament, as a politic space, are privileged spheres of the mediation of the contradictory phenomenon of the public opinion. Keywords: Pressfreedom; public opinion; press; citizen journalists. (shrink)
Some argue that at least some non-liberal, non-democratic societies deserve fiill and good standing in the international community. These arguments imply that some divergence in understanding the role of the press is also justified and should be tolerated. But what are the limits of diversity here? I begin to find these limits by considering John Rawls's "decent" societies in the context of Amartya Sen's work on famine. Sen claims that a free press plays an important role in famine (...) prevention. After giving an account of press rights, I argue that a partially free press can play the role Sen attributes to the free press. I then argue that decent societies could and should accommodate such partially free presses. (shrink)
The people's right to know and press rights to gather and publish information remain dominant justifications for controversial media activities. Yet, the power of the media to set the agenda for public discourse in our country warrants a careful analysis of these rights, their corresponding responsibilities, and their moral limits. This article examines the right to know and pressfreedom from the perspective of their shared purpose, facilitation of informed decision making. This article also demonstrates moral justification (...) of limits on right to know and pressfreedom based on traditional ethics theories and media impact on public discourse. (shrink)
Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive pressfreedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)
The relationship between pressfreedom and representative democracy has captured the interest of philosophers and constitutional law scholars for centuries. John Charney’s The Illusion of the Free Press argues that the truth-seeking justification for expressive freedoms can alone explain the continuing importance of a free press to contemporary democracies. This review essay examines two rebuttals to this argument. First, adopting a more modern ‘process-relational’ philosophy reveals that Charney’s epistemological ‘illusion’ is itself based on misconceptions. Secondly, the (...) author’s incomplete use of democratic theory precludes a more convincing explanation based on marginalised notions of horizontal accountability and the checking function of the press. (shrink)
Raw (pragmatic) and potential (theoretical) power is seen as the key to pressfreedom in various global settings. Because the locus of power determines the locus of freedom, the authors suggest a model to understand where the raw and potential power resides within a matrix consisting of the State, the Media Elite, the Journalists, or the People. Numerous questions concerning accountability and ethics are raised concerning the practical application of a model that purports to overcome cultural biases (...) inherent in traditional theories of press and society. (shrink)
Does the interaction between climactic demands, monetary resources, and freedom suggest a more general relationship between the environmental challenges that human societies face and their resources to meet those challenges? Using data on pressfreedom (Van de Vliert 2011a), we found no evidence of a similar interaction with natural resources (as measured by oil exports) or risk for natural disasters.
The history of pressfreedom in South Korea has been characterized by periods of chaos. The major media companies in Korea have written a history of shame. Since Japanese colonial rule, freedom of the press has been more often restricted than protected by the laws and policies. There have been four main features of pressfreedom since 1910: severe restriction during the Japanese colonial rule; experiencing freedom with unstable democracy under the American military (...) rule and the First and Second republics; oppression of the military regimes; and the struggle with capital power since the advent of civilian government. Several decades of Japanese colonial rule, American military rule, and military dictators have influenced the Korean society and the media politically, economically, socially and culturally. (shrink)
The history of pressfreedom in South Korea (hereafter Korea) has been characterized by periods of chaos. The major media companies in Korea have written a history of shame. Since Japanese colonial rule, freedom of the press has been more often restricted than protected by the laws and policies. There have been four main features of pressfreedom since 1910: severe restriction during the Japanese colonial rule; experiencing freedom with unstable democracy under the (...) American military rule and the First and Second republics; oppression of the military regimes; and the struggle with capital power since the advent of civilian government. Several decades of Japanese colonial rule, American military rule, and military dictators have influenced the Korean society and the media politically, economically, socially and culturally. (shrink)
Journalism is viewed here as being in danger of becoming a profession, thereby changing the field into a narrow, monolithic, self?centered fellowship of true believers devoid of outward?looking and service orientations.
Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his sons reign. However, the freedoms media activists worked so hard to obtain at the end of the last (...) century have rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media. (shrink)
A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors Alfonso Donoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.
In this closely argued book, Paul Russell challenges the standard way of capturing what Hume has to say on the subject of freedom and responsibility. The argument is not, however, one that derives from a narrow interest in discovering what Hume said and demonstrating its divergence from the common view. Russell’s goal is ultimately to use Hume “to shed light on contemporary philosophical problems”. Hume had already discovered, for example, the lesson that Strawson articulated in his critique of compatibilism (...) and its rivals in “Freedom and Resentment”; and Hume anticipates the work of Frankfurt, Nagel, and Hart, among others. (shrink)
When government officials can look you in the eye and invoke the Federal Freedom of Information Act, they know full well that they have donned a cloak of invisibility. They are saying, in effect, "You can't touch me," and they are calculating that you will get the message and go away. Worse yet, they are putting a premium on "access" journalism—they are elevating the importance of access, of authorized leaks, of journalists currying favor with the right government officials to (...) get information and to get information quickly, when they are on deadline and they need answers. Simply put, if journalists cannot rely on being able to go to source documents in a reasonably fast way, they are in a terribly weakened position when it comes to actually dealing day-in and day-out with high government officials. (shrink)
In his latest book, Philip Pettit begins with the apt observation that analyses of freedom in the context of human agency and the free will problem are typically kept separate from discussions of that concept in the political realm. This he regards as an unfortunate departure from the classical view that the psychological freedom of the agent and the political freedom of the citizen are intimately connected. Indeed, the book is a sustained argument for replacing this dichotomy (...) with a single, comprehensive account of freedom as "fitness to be held responsible". Petitt argues that such an analysis is not only intuitively plausible but can be supported on coherentist grounds because, while our intuitions about freedom in each of the two spheres radically underdetermine an overall theory in that domain, "the combination of those sets of intuitions is capable of significantly constraining the choice of a single, unified theory of freedom". The central claim of this intricately argued book is that fitness to be held responsible is most plausibly equated with a conception of freedom that is at once psychological and social. (shrink)
Epicurus on Freedom has considerable merit, but there are some elements of OKeefes argument that are worthy of a second thought. Two of OKeefes major claims are that Epicuruss proposal of swerves as an answer to the problem of whether we have the ability to do otherwise would be an inadequate answer, and that Epicurus should be concerned with the problem of openness and contingency of the future, not the problem of our ability to do otherwise. I address each (...) of these claims. (shrink)
The debate over press liberty before and during the pre-Revolutionary era (1763-1775) in America reveals how a once-unified, if rudimentary, tradition gave rise to two sophisticated and contrary doctrines, aspects of which continue to infuse current free speech discourse. The vague, republican and liberal discourse of the `free and open' press bifurcated as a result of the competing political and ideological forces involved in the pre-Revolutionary crisis. Through an examination of this historical debate over press liberty, this (...) essay seeks to recast two current scholarly debates . First, this study undermines the polarized debate over early American political thought and substantiates recent abstract attempts to demonstrate the complex relationship between republicanism and liberalism. Second, this interpretation uncovers a central dynamic in the development of the American tradition of press liberty, thus calling into question a wide variety of previous studies that ignore this crucial feature. (shrink)
Christopher Insole argues that we have underestimated the importance of the following theological problem in the development of Kant’s mature, critical philosophy: “How can it be said that we are free, given that we are created by God?” (p. 5). The author makes a strong case that this problem was formative for a range of Kant’s pre-critical views. What role it continues to play in the 1780s and beyond will be, as the author himself notes, controversial. Chapters 1–3 contain lucid (...) and, especially for those familiar only with Kant’s critical period, helpful discussions of several pre-critical texts together with an engagement with selected secondary literature. Thus, readers who know only Kant’s destruction of the divine proofs, in the Critique of Pure Reason (1781, 1787), may be surprised to find him defending versions of the ontological and cosmological proofs in The Only Possible Argument in Support of a Demonstration of the Existence of God (1763). Here Insole’s exposition is nuanced... (shrink)