Mass media plan

MASS MEDIA


Plan:
1. Social importance and understanding of mass media
2. Constitutional and legal regulation of mass media and their activities
3. Legal status of journalists
4. Study of public opinion

Mass media - publications, radio and television broadcasts, newsreel programs, and other forms of mass information delivery. By mass media, the legal expert understands "published, audio, audiovisual and other information and materials intended for the general public". The purpose of the mass media is to determine the spiritual wealth of a particular society and to have an ideological, political, economic or organizational influence on people's behavior and outlook.

In the first half of the 20th century, the origin of mass communication was created by the creation of technical devices that allowed to transmit a large amount of verbal, pictorial and musical information quickly and extremely. Complexes of these devices served by highly professional specialists began to be called "mass information and propaganda tools" or "mass media". Mass media is a system consisting of a source of information and a receiver of information. The source of information is connected with its recipient through press, radio and television, film, sound recording (production and distribution of gramophone records, tape recorder rolls, cassettes or compact discs and computer files).
Effectiveness and effectiveness of mass media is determined not only by the purpose and tasks of the impact of the information conveyed on the reader, listener, and viewer, but also by the conformity of their content and form to the constant and daily needs of people. Ideological-political struggle has a serious impact on the content and form of relations between social groups, ideological, political and other types of propaganda. The Constitution of the Republic of Uzbekistan does not allow censorship. It is recognized that the legal form of searching, receiving, giving, producing, and distributing information is not possible for secrets that belong to the state or are specially protected by law. Also, mass media for the purposes of criminal liability, for example, calls aimed at seizing power, changing the constitutional system by force; It is prohibited to distribute materials that cause national, class, social, religious enmity: pornographic, hateful and aggressive programs that promote war. Also, the use of information texts belonging to special mass media in TV, video, film programs, documentaries and feature films, as well as computer data files and information processing programs, distribution of secret information affecting people's minds and harming their health, secret audio and video recording. , it is forbidden to destroy the socially important information prepared on the ground of film and photo shoot, using the existing journalistic right, to spread rumors as a reliable source, to collect information for another entity or organization. It is also forbidden to use the right of journalism to discriminate against individuals or certain categories of citizens based on their gender, age, racial or national origin, language and religion, profession, place of residence, and political views.
Information rights and freedoms form the legal basis of information law, and their guarantee is the main goal of this new field of law. In the middle of the 20th century, the world community, taking into account the role of information in the life of an individual, society, and state, introduced legal mechanisms that guarantee the rights and freedoms of people and citizens. Today, the right to information has been formed as a separate field of law. Information rights and freedoms were recognized for the first time in the Universal Declaration of Human Rights adopted by the UN General Assembly on December 10, 1948. In particular, its Article 11 states that every person accused of committing a crime has the right to be considered innocent until his guilt has been established in a legal manner through an open trial, provided with all the opportunities for defense. According to Article 12, arbitrary interference in family and private life of a person, inviolability of residence, secrets of his correspondence, or his dignity and honor may not be unjustified. Everyone has the right to legal protection from such interference and aggression. According to Article 19, every person has the right to freedom of belief and its free expression; this right includes the freedom to practice one's beliefs without hindrance and the freedom to seek, receive, and impart information and ideas. The provisions on information rights and freedoms established in the Convention on the Protection of Human Rights and Freedoms of the Council of Europe have been further developed. In particular, Article 10 states that everyone has the right to freely express their opinion. This right includes the freedom to base one's opinion and the freedom to receive and disseminate information and ideas without any interference by state agencies and regardless of state borders. This article does not prevent states from licensing radio broadcasting, television or cinematographic enterprises.
The implementation of these freedoms, which create obligations and freedoms, is for the interests of state security, territorial unity or community peace in a democratic society, in order to prevent disorder and crimes, to protect health and morals, to protect the reputation or rights of other persons, to prevent the disclosure of confidentially obtained information. or it is stated that it may be connected with formalities, conditions, restrictions and orders, which are necessary for ensuring the authority and impartiality of the court of justice and established by law.
The "International Covenant on Civil and Political Rights" signed on December 19, 1966 is of particular importance in ensuring citizens' information rights and freedoms. According to Article 2 of this agreement, each state participating in it, regardless of a person's race, gender, language, religious affiliation, political or other views, national or social origin, property status, place of birth or other circumstances , undertakes to respect the rights recognized in this agreement without discrimination and to provide for all persons under its jurisdiction within its territory. According to article 4, when an emergency situation that threatens the life of the nation occurs in the state and it is officially announced that it is in effect, the countries participating in this agreement, according to the severity of the situation, their international may take a certain level of measures to withdraw from its obligations under this agreement, provided that it does not conflict with other rights and obligations under the law and does not lead to discrimination based only on race, gender, language, religious affiliation or social origin. Any State party to this Convention exercising the right of withdrawal shall immediately notify the other States Parties to this Convention through the Secretary-General of the United Nations of the provisions of which it intends to withdraw and the reason for such decision.
Also, through the same intermediary, he must inform about when he will stop such withdrawal. According to Article 14, all persons are equal before courts and tribunals. Every person has the right to have the case considered by a competent, independent and fair court established on the basis of the law, when any criminal charges against him are being considered, or when his rights and obligations are being determined in any civil proceedings. In a democratic society, based on considerations of morality, social order or state security, or in the case of the interests of the private life of the parties - to the extent deemed necessary by the court - in special cases where public representatives may violate the interests of justice, Members of the press and members of the public may not be admitted to hearings in all or part of courts, but any court decision in a criminal or civil case must be open, unless the interests of minors require otherwise. or work, marital disputes, or cases involving custody of children are excluded. According to Article 17, no person can be subjected to unreasonable or unlawful interference with his personal and family life, the privacy of his residence, the confidentiality of his correspondence, and his honor and reputation. .
Everyone has the right to be protected by law from such interference or aggression. The realization of human rights and freedoms should not violate the rights and freedoms of other persons. Everyone has the right to freely express their opinion; this right includes the freedom to seek, receive and disseminate various information and ideas regardless of state borders, in oral, written communication or in the form of press or artistic expression. Exercising the rights provided for in paragraph 2 of this article imposes special obligations and special responsibilities. Based on this, it may be associated with some restrictions, but these restrictions must be established by law and necessary for those who: a) respect the rights and reputation of other persons; b) protection of state security, public order - protection of health or morals of the population. According to article 20, any war propaganda should be prohibited by law. In conclusion, the indicated legal sources serve as a basis for the creation of national laws aimed at guaranteeing the rights and freedoms of citizens in terms of receiving, searching and distributing information. Difficulties affect the development of democratic principles in society. Secondly, most of the leaders are afraid of the press. According to the honest assessment given by the President of Uzbekistan, this fear is nothing more than showing their lack of skills and their inability to answer the questions at a sufficient level. Such situations lead to the formation of an inappropriate image for our country, which creates a false impression that we have something to hide from the public and world opinion. However, the politics of Uzbekistan is an open policy, and the mass media strives to acquaint society with the progress of reforms in the country and their results.
It is known that in a democratic society, the press, radio and television should influence the state policy in a certain sense and become a component of political processes. However, today we are witnessing that the local press covers only a small part of the audience of readers (listeners, viewers) and has a great influence on the social life of our country. It is time for a new understanding of the role of public opinion and its representation in the media. It is necessary to deeply analyze the influencing aspects of the progressive forces. Only on the basis of such an approach, it is important to understand the possibilities of influencing public opinion by mass media, to study the use of factors and conditions that gain influence in the political process, and to study public opinion on certain issues. by name - defines the true image of the press of a democratic society in the literal sense
Today, only at the federal level, there are about 30 laws of the Russian Federation related to mass media. The Federal Law No. 7 "On the procedure for covering the activities of the state authorities in the state mass media", adopted on January 13, 1995, regulates a number of media representatives, first of all, the electronic press. Article 144 of the Criminal Code of the Russian Federation takes strict measures to prevent the professional activity of a journalist (imprisonment for 3 years and prohibits holding a certain position). Articles 129 and 130 of the Criminal Code of the Russian Federation provide for the criminal liability of insults and defamation with the help of mass media. Article 137 of the Criminal Code of the Russian Federation envisages strict measures for the deliberate disclosure of a person's personal or family secret, due to malicious or other personal interest and harming the legal rights and freedoms of that person. Article 282 of the Criminal Code of the Russian Federation regulates the criminal responsibility for the use of mass media to cause national, racial or religious enmity. The Civil Code of the Russian Federation also includes a number of articles regulating the activities of mass media (honor, protection of personal dignity, moral damage). Legal regulation of mass media activities is carried out under the joint management of the Russian Federation and its subjects in accordance with Article 72 of the Russian Federation.
The International Covenant on Civil and Political Rights of 1996 provides that everyone is free to "seek, receive and impart information and ideas regardless of frontiers". Also, the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 establishes the right of every person "to receive and impart information and ideas without interference by state authorities and independently of state borders." We should also take into account the presentation of the 1989 European Convention on Transfrontier Television and Resolution No. 820 of the Council of Europe "On the Relations of State Parliaments with Mass Media". Since 1994, the Judicial Chamber on Information Disputes under the President of the Russian Federation has been operating as a state body. Its main task is to assist the President of the Russian Federation in the effective implementation of his constitutional powers in the field of mass information.
According to Article 5 of the German Constitution, "Everyone has the right to express and disseminate his opinion orally, in writing and through images, and to freely obtain knowledge from sources that are convenient for everyone. Freedom of the press and information is guaranteed through radio and film. Censorship is prohibited." Article 13 of the law of the Austrian Federation adopted on December 21, 1967 (with changes in 1974, 1989) states: "Everyone has the right to express his opinion orally, in writing, through the press and artistic images within the framework of the law.
The press cannot be censored or restricted by a permissive system. "Administrative mail bans are not applied to printed works published inside the country."
Article 50 of the Constitution of the Republic of Azerbaijan states: "Each person has the right to seek, acquire, transfer, compile and disseminate information in a legal manner.
Freedom of information is guaranteed. State censorship of the mass media, including the press, is prohibited.
Article 19 of the Algerian Constitution states: "The Republic ensures the freedom of the press and other media, the right to association, freedom of speech and public speech, as well as freedom of assembly."
The development of legislation in the sphere of citizens' freedom of information is now part of the generally accepted standard of a democratic state. Citizens' demand for freedom of information is directly related to the following results, in addition to the constitutional rights of citizens:

openness of state power and clarity of political direction;

low probability of corruption crimes;
increase of administrative culture and employees
to report on his activities to the society;
increase efficiency in authorities;
public recognition of public authorities;
Currently, more than 50 countries have adopted a law on freedom of information. Currently, most of them have been accepted in the next year. And more than 30 other countries are about to adopt similar laws.
The first group of countries includes the following countries:
CIS: Armenia (2003), Georgia (1999), Moldova (2000), Tajikistan (2002), Uzbekistan (2002), Ukraine (1992). Europe: Austria(1987), Albania(1999), Belgium(1994), Bosnia and Herzegovina(2000), United Kingdom(2000), Hungary(1992), Greece(1999), Denmark(1985), Ireland(1997) , Iceland(1996), Spain(1992), Italy(1990), Latvia(1998), Lithuania(2000), Liechtenstein(1999), Netherlands(1978), Norway(1970), Poland(2001), Portugal(1993) ), Romania(2001), Serbia(2004), Slovakia(2000), Slovenia(2003), Finland(1999), France(1978), Croatia(2003), Czech Republic(1999), Sweden(1766,1949 ), Estonia (2000).
North America: Canada(1983), USA(1966). Latin America: Colombia(1985), Mexico(2002), Panama(2002), Peru(2002), Trinidad and Tobago(1999), Jamaica(2002).
Asia, Australia and Oceania: Australia(1982), Israel(1998), India(2003), New Zealand(1982), Pakistan(2002), Thailand(1997), Turkey(2003), South Korea(1996), Japan (1999). Africa: Belize(1994), Zimbabwe(2002), South Africa(2000)
As for the countries that are about to adopt a law on freedom of information, they include the following countries:
CIS: Azerbaijan and Kyrgyzstan Europe: Germany, Macedonia, Switzerland Latin America: Argentina, Barbados, Brazil, Guatemala, Dominican Republic, Nicaragua, Paraguay, El Salvador, Uruguay, Ecuador. Asia, Australia and Oceania: Bangladesh, Indonesia, Nepal, Taiwan, Fiji, Philippines, Papua New Guinea, Sri Lanka.
Africa: Botswana, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Nigeria, Tanzania, Uganda, Ethiopia. To conclude from this, today there is not a single country (except China) that does not put citizens' freedom of information on the agenda. The world community has always placed special emphasis on the right to free dissemination of information, and considered that this right is one of the basic rights of people and citizens and that it needs special attention and special protection. This is due to the fact that while protecting the right to freely distribute and receive information, the society protects its right to have objective information about the social relations taking place in the society, their changes, and the activity of managing the society.
The world community has already developed the basic principles of mass information dissemination, including television and radio broadcasting, in the relevant acts.
Article 20 of the Spanish Constitution of 1978 states:
"The following rights are recognized:
a) free expression and dissemination of ideas, opinions and views through written, oral or other methods
d) disseminating and receiving information through voluntary means...
2. The exercise of these rights shall not be limited by any censorship.
The Spanish Constitution states that these rights have a fundamental nature and that their protection applies to all state bodies and officials. The Spanish Constitution also contains procedural guarantees of the above rights: Judicial protection is carried out with a quick and easy trial. It is also possible to meet with the Spanish Constitutional Court for the protection of these rights.
In Sweden, the Freedom of the Press Act and the Freedom of Expression Act are important and form part of the Swedish constitution. Chapter 2 of the Constitution "Fundamental Rights and Freedoms" states:

"§1. Each citizen should be provided with the following in his relationship with society:

Freedom of expression: freedom to disseminate information in writing, orally, by radio or in other ways...
(...)
In cases of restriction of freedom of the press and freedom of opinion on radio, television and analog media, it shall be as specified in the Act on freedom of the press and the Basic Law on Freedom of Opinion. On the other hand, the Basic Law on Freedom of Thought: "§ 1. Every Swedish citizen, in his communication with the society, in accordance with the current Basic Law on Freedom of Thought, may express his thoughts and views on radio, television and other similar through similar means, as well as in films, video programs and other mobile scenes, and can also provide information on any topic.
In Canada, the press operates independently of the authorities, censorship is not allowed. Freedom of expression was established in 1982 with the adoption of the Canadian Charter of Rights and Freedoms. The charter stipulates freedom of opinion, views and their communication, as well as "freedom of the press and other media" for everyone. The main legal act regulating broadcasting in Canada is the Canadian Broadcasting Policy Act of 1967-1968.
Many developed democratic countries have established special state bodies that aim to regulate television and radio broadcasting by the state and protect the freedom of people and citizens to receive and disseminate information. Such information is a state guarantee that ensures the protection of freedom of receiving and distributing information by the state. Such state bodies are free from any proper corporate interests and operate on the basis of special laws. In this sense, these bodies do not work for some groups of the society, but for the society. In most cases, the appointment of such bodies belongs to executive authorities, the government or the minister of profiles. Parliaments also have such authority in some cases, including Bulgaria, the Czech Republic, Estonia, Iceland, Lithuania, Slovakia, Slovenia and Turkey. In other cases, such authority belongs to the executive power, for example, France, Romania and Poland. In some cases, such a right exists between two power systems. In some countries, such as Austria and Portugal, the courts are also involved in the appointment of such public authorities. At the same time, high-ranking judges begin to perform such a task. For example, in Italy, according to the law, a person holding such a position must be a member of the Constitutional Court or the Council of State. In Sweden, such an official and his deputy should be experienced judges. And, finally, we should mention the influence of public organizations in the appointment process (in Austria, the Commission for Controlling the Law on TV and Radio Broadcasting, in Germany, ARD and SDF companies, in Cyprus, the broadcasting advisory body, in Ireland, the Irish Television and Radio Authority). Therefore, these bodies will have consultative powers.
In France, the right of television and radio broadcasting is given to an independent state body - the High Council of Audiovisual Media (OC) established according to the Law of the Republic of France "On Free Broadcasting". OK has the status of an independent state body, independent from the President (Administration) and the Government. In the mid-90s, the number of members of the OK apparatus was 300 people. OK establishes technical committees and commissions. Technical service is led by the director.