In today's age of the Internet and all its implications, the media has an undeniable
reach into all levels of free societies. The Internet has no apparent gatekeepers
and its cheap accessibility and technical impossibility to be censored and regulated
substantially provokes the argument for media regulation. The role of media
regulation is to define what information the media can and cannot broadcast,
print, publish electronically and distribute to the general public. This, of
course, recognizes the social impact of the media, and its effects on the general
public. I would say that media regulations are designed to protect the interests
of the public and individuals from irresponsible reporting or reckless dissemination
of harmful information. Regulations are imposed to maintain public security
and national defense, racial and religious harmony, public morals, as well as
the privacy and confidentiality of private lives. Implicitly, it is assumed
that media regulators recognize that people adopt behaviors, values, knowledge
and beliefs as a result of exposure to media, and that we create stereotypes
in this way. This is part of the media's impact on socialization of the public.
It also plays a part in the homogenizing of opinions, due to the creation of
a repetitive symbolic environment, a frame of reference for the public. Children
are especially susceptible to influence by the media, as their critical faculties
and general maturity have yet to be matured. The media also is involved in agenda
setting as it decides what should be emphasized and what should gain priority
in the public eye.
"We define first and then we see," says Lippman (1921), and the media
defines the world through their eyes. For example, we are told about the news
and happenings in foreign countries by the media, and this governs our process
of perception. The media can also emphasize and promote pseudo-events that they
feel should be brought to the public knowledge. This power of the media is undeniable,
and today's regulators recognize the need for regulation of such a powerful
institution.
The social responsibility theory (also know as the Western concept) states that
the press has a right to criticize the government and other institutions but
also has a duty to preserve democracy by properly informing the public and responding
to its needs and interests. The issue of social responsibility and press freedom
stems from the libertarian view echoed by John Stuart Mills in his essay On
Liberty, versus the notion of regulation of the press as a form of instilling
responsibility on the press. Social responsibility stresses that freedom comes
with responsibility towards the inclinations of the public, and its aim is to
further social good by agenda setting and maintaining public security and national
defense, racial and religious harmony and public morality. As such, it is the
point of contention for advocates of press restriction that the media should
have an understanding of its effect on society, and that this understanding
should translate into good. However, the idea of good, responsibility and public
morals change from society to society and over time. It is also counter-argued
by the fact that the public has a right to know. However I feel that this does
not legitimate invasion of privacy and possible intrusion, as I will explain
later.
In the political context, modern government leaders see media as instruments
of propaganda and national development, and see it as a double-edged sword and
thus their concern over media legislation. I feel the need for a free and independent
press is essential to provide a check on the government, and is integral in
maintaining an avenue of dissent and dialogue between government and governed.
As I mentioned earlier, Mills stressed the need for a free press as one of the
"securities against corrupt or tyrannical government". He stressed
that any attempt to silence expression, even of a one-person minority, deprives
mankind of something important. He said that "if the opinion is right,
they (mankind) are deprived of the opportunity of exchanging error for truth;
if wrong, they lose what is almost as great a benefit, the clearer perception
and livelier impression of truth, produced by its collision with error".
I feel that idealistically, this makes much sense, but the "collision"
between error and truth may be manifested in harmful ways like racial riots,
etc. that may not be ideal for countries with clear ethnic and racial fault-lines.
A complete freedom of press is therefore potentially harmful but also provides
the common everyday man with the transparency of government that constitutes
a part of civil rights.
An alternative to media regulation is a self-censorship on the part of the press
itself, literally a Panoptican effect described by Jeremy Bentham, where an
"internalization of the gaze" is instituted by constant surveillance
by authority. In self-censorship, the media itself monitors and decides what
should or should not be put out. The decision maybe based on a variety of factors
like morality, newsworthiness, threat of legal action, etc. However this assumes
a moral media, one that conforms to public decency in broadcast, print and conduct.
There are some variables that the press should conform to, such as credibility
and accuracy. Credibility and truthfulness dictates that the press should be
objective and not report based on bias and prejudice. Accuracy demands the paying
of attention to detail and context, so as to allow readers to understand and
comprehend the truth, rather then be misled by reporter's bias. Of course, checkbook
journalism and tabloid journalism should be restricted, as they usually distort
the facts and present an inaccurate view of people and society.
Libel is the written defamation of somebody's good name, which is of value to
the person. Its purpose, I feel, is to prevent negligent news-reporting as well
as actual malice. The fear of a libel suit in courts may cause self-censorship
that may in the interest of the public. Its is probably the most serious threat
to journalistic freedom as it may cause news editors to pull certain news features
out of fear of a lawsuit. This would put pressure on them to scrutinize their
stories more closely. Legally speaking, there are 2 defenses against libel that
are of relevance to journalists; the defense of truth and the defense of fair
comment. Truth refers to the fact that if whatever is reported is true, it does
not constitute a libelous article. This pushes journalists for accurate reporting
based on facts rather then speculation and hearsay. The defense of fair comment
applies when what is published constitutes a fair expression of opinion, and
that it is open to discussion and counter-argument by the parties involved.
This may establish the press as a dialogue of differing viewpoints, and it greatly
represses the role of the press as an absolute agenda setter. It is often more
difficult for public personalities such as celebrities and politicians to sue
for libel as they, as public figures, have a greater access to the media and
thus greater chance of responding to allegations. They have also placed themselves
in the limelight and publicity, both good and bad, come with the price of fame,
as compared with the private person. I feel that the issue of libel encourages
self-censorship, and may provide for a more responsible press.
The notion of invasion of privacy is a recent emergence, and it appeared when
the media were deemed to be encroaching on the personal and private rights of
an individual. It requires the media to seek consent before encroaching upon
the rights of the individual before publishing it, such as using the photographs
of a person without his/her consent, or the public disclosure of embarrassing
or private facts of an individual that have no value to the public. Journalists
should be wary of the newsworthiness of their articles and stories, and their
accuracy. Technically, there are 4 types of invasion of privacy:
1. Intruding upon a person's solitude or seclusion
2. Unauthorized release of private information
3. Publicizing people in a false light or creating a false impression of them
4. Appropriation of a person's name or likeness for commercial purposes.
The difference between libel and invasion of privacy is that libel protects
a person's reputation, and invasion of privacy protects a persons peace of mind
and feelings.
US House speaker Newt Gingrich had this to say about the issue of media decency:
"We have a very strong freedom of speech provision. On the other hand,
I've been advocating quite openly that major advertisers ought to announce that
they will not advertise on radio stations that broadcast songs encouraging the
raping and the torture and the physical violence against women. I mean, freedom
of speech doesn't mean subsidized speech. And we have every right as a culture,
not as a government but as a culture; we have every right for wise leadership
to say we won't support that. We won't tolerate that". He echoes what I
feel personally about media decency, that there has to be a certain limit to
what is termed obscene. I personally think degrading portrayals of women that
are uncalled for and merely meant to titillate are obscene, whilst movies or
magazines dealing with adult themes are appropriate and should not be censored,
like in Singapore. For example highly acclaimed movies or works of art that
deal with sensitive issues and sex should not be censored or restricted if they
merit attention and acclaim. Censoring it on basis of protecting our children
from unhealthy influence or instigating and encouraging deviant behavior is
highly subjective to a public's tolerance level. It also restricts free expression
in art. I also feel its time to take responsibility for our children's perception
of the world into our own hands, and not rely on censorship to prevent them
from harmful effects.
National security is a very touchy issue. Understandably many governments are
skeptical of having a truly free press free to publish issues that may pose
a threat to their power or incite civil violence. I think no one can argue that
freedom of expression is an absolute; articles or broadcast designed to incite
or encourage possible harm or violence is definitely detrimental to a society.
And absolute freedom of the press during times of a national crisis, whether
it be economical or military, should be curtailed as inflammatory articles may
cause undue concern amongst the population or compromise the success and safety
or people. In this case, the right of protecting the people who might be harmed
takes priority over the right of the public to know, as well as the right of
freedom of expression of the media. However, we must be wary of how a government
determines national security. Some governments perceive any form of criticism
as a threat to security, not of the nation-state itself, but rather to the power
of the ruling political party. They proceed to quash these publications, though
the articles themselves may not warrant grave concern on the part of the political
system or the interests of the public. Therefore, the public must be able to
discern for themselves what actually constitutes a threat to security, and what
is blatant abuse of legislation to quash opposition views from being heard.
Bibliography
1. Dominick, Joseph R., The Dynamics of Mass Communication, 1999, McGraw-Hill
2. Collins, R. & Murroni, C. (1996). New Media. New Policies. Blackwell
Publishers Ltd.
3. Thompsor, K. (1997). Media and Cultural Regulation. SAGE Publications