The Fundamental of Laws,
Rules and Codes of Ethics
Concerning Media
Practices
Bambang Harymurti
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Enabling Environment:
1. Legal infrastructure
2. Social Infrastructure
3. Economic Infrastructure
4. Professional/Technical Competence
5. Big Bang vs. Muddling Through
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Roumeen Islam:
on Legal Infrastructure
• When libel is a criminal rather than a civil case, journalists
lean toward self-censorship.
• When truth is not a defence for libel, journalists have
incentives to limit their investigations
• When laws provide protection against libelious statements
about matter of public interest and require that individuals
to show that defamatory statements are knowingly or
recklessly false and made with malicious intent, these
favour journalistic freedom.
(World Bank Institute, “The Right to Tell: The Role of Mass
Media in Economic Development, page 13-14)
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
3
From Feudalism to Modernity
• Feudal Society: intolerant toward difference of
opinion and very tolerant toward acts of physical
violence
• Modern Society: very tolerant toward different of
opinion and intolerant toward physical violence
• Transition problem: How to broaden tolerance
toward different of opinion and lessen the
propensity toward acts of physical violence.
• Insult is the extreme form of difference in opinion
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Economic Development and Media Freedom
Source: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” page 228
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Economic Health vs Freedom of the Press
Sumber: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” Halaman 230
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Freedom from Criminal
Defamation
• Members of European Council (due to adherence
to European Human Rights Court in Strassbourg).
• Members of Inter-American States (due to
adherence to Inter-American States Human Rights
Court)
• USA (due to First Amendment)
• Members of African Regional Human rights Court
• Countries with media laws that comply with
International Covenant of Civil and Political Rights,
ie: Ukrainia, Srilanka etc.
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
7
ICCPR Principles:
• Freedom of Expression and the press is
basic Human Rights
• The limit is only other basic Human Rights
(Article 20)
• Any regulation should be based on
democratic principles.
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Principles of Media Law in
Democratic Society
• Maximum protection of media freedom
• Minimal exceptions specified by law and deemed necessary
• Legal protection of sources
• No criminal defamation and short statute of limitation
• No “chilling effect” fines in civil defamation
• Burden of prove is in litigant
• Truth is a defense
• Maximum self regulation
• Based on restorative justice principles
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
9
Principles of Self Regulation
• Oversight by an independent institution (media council or
ombudsman) to ensure ethical conducts
• No government involvement and statute of limitation
• Represents journalist associations, publisher association and
public (consumers)
• Run by highly respected public figures
• Supported by independent fund
• Tasked to protect media freedom, enhancing quality of
journalism, promoting media literacy to the public, mediating
disputes between the press and the public and facilitating the
formation of professional rules and regulations
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Principles of Media Ethics
• Tell the truth
• Be independent
• Minimize harms
• (Periodic reviews)
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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Pro and Cons of Media Council
• Inverse relation with quality of existing court
• Balance of interest: Journalists-Owners-Public
• Protecting public access to press freedom
• Free, quick and respected
• What about public fund?
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
12
Questions and Answers
• Please share your opinions and
questions
• Thank you
Seminar on Media Self-Regulation< Cairo - Egypt
3/22/2016
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