Mass communication Faculty of journalism of KazNU UNESCO chair of KazNU News of faculty of journalism of KazNU


Representation
of UNESCO in Kazakhstan
  

Faculty of
journalism of the
Kazakh national
university named
after al-Farabi

CHAPTER VII

THE LEGALISLATION
OF KAZAKHSTAN
AND PRACTICE OF
MASS MEDIA

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Zuhra BAYANOVA,
the senior teacher of the periodic press chair



THE INTERNATIONAL LEGISLATION AND MASS MEDIA PRACTICE


The problems in mutual relation of press and society have existed, probably, since the time of its appearance, and have remain urgent, despite of a long history of development of the majority of western democracies. Recurrent appeals of the more rigid control above mass media and the various projects of effective state regulation are familiar not only our practice. Partly these extreme sights are justified by presence such always existed burning questions, as protection of the rights of the citizens on inviolability of personal life, guarantee from the unreasonable accusations of press and slander, protection of state secret and relation of mass media and state, the right of accused person during judicial hearings and i. e.

However free press is one of bases of the democracy, it is perfectly clear, that any careless steps in a direction of the control are fraught with irreversible consequences. In some countries it is considered the most acceptable mechanisms of the own internal control, self-regulation of press, at the present time, is the Councils on press, presence in editorial structure of staff ombudsman - post, whose duty the analysis of the complaints of the readers, and acceptance the Codes of professional behaviour by mass media.

Councils on press - very unique structures formed on a voluntary basis by the representatives of editions, owners of the newspapers and printing houses, and also professional unions of the journalists. In some countries Councils consists of the representatives of a public, not having any relation with mass media. The majority of the European countries, such as Germany, Austria, the Netherlands, Norway, Sweden, Great Britain etc., and Australia have similar Councils. In other countries, for example in Canada, there is no national body, however there is Councils at a level of provinces, regions. The functions of Councils consist in hearing of the individual complaints to the concrete publications and acceptance of the decisions on them. In case of validity of accusations the edition receives reprimand, warning, it undertakes to publish a refutation on given article. The penalty can be imposed as a last resort; the Swedish Council on a press fills up its budget in a similar way, fining the newspapers approximately on US $ 4000 for infringement. For guidance in acceptance of these decisions many Councils developed the Codes of press.

However it is impossible to consider, that the purpose of Councils on press is only punishment of the separate editions and they are certain repressive bodies. Most likely, there is the principle in their work: "the control itself is better, than control others". Besides, the support of freedom of a word are in the duty of Сouncils ; in Australia and Austria the Councils on press participate in parliamentary sessions and represent mass media in the relations with government.

Work upon the complaints, the majority of Councils on a press consider the letters of the citizens, directly or indirectly mentioned in the publications. The Austrian Council on a press is unique by that, it permits submission of the complaint to any person, and not just directly discredited by the journalist. In most cases Councils carry out oral hearings, where parties can represent the witnesses; the Swedish and British Councils on a press establish the decisions only in the written indications. More often the similar considerations have the purpose to dissuade the claimants from submission of the complaints in courts. In Sweden the unsatisfied citizens can submit the complaint to court, and the court in this case makes a decision, taking into account Council's opinion.

Despite of existence of various opinions about activity of Councils on press in a society, among politicians and journalists, their activity is very interesting to us. And the main thing, that such bodies are a certain form public consent, mutually advantageous decision of general problems. Such experience would be, very useful, in particular for those countries that only have begun the way on a road to democracy.
   


Themes of the lecture lessons:
1.  Journalist, his interests and rights in the international legislation of the European Community.
2.  Mass media and intrusion into private life according to the laws of the EC.
3.  Journalist, his interests and rights in the legislation of USA, Canada and Australia.
4.  Mass media and intrusion into private life according the laws of USA, Canada and Australia.
5.  Journalist, his interests and rights in the legislation of Great Britain.
6.  Mass media and protection of private life in the right of Great Britain.
7.  Journalist, his rights and interests in the laws of Germany.
8.  Mass media and protection of private life in the right of Germany.
9.  Journalist, his rights and interests in the laws of France.
10.  Mass media and protection of private life in the right of France.
11.  Journalist, his rights and interests in the laws of Austria.
12.  Mass media and protection of private life in the right of Austria.
13.  Journalist, his interests and rights in the laws of Sweden.
14.  Mass media and protection of private life in the right of Sweden.
15.  Journalist, his interests and rights in the laws of Spain.
16.  Mass media and protection of private life in the right of Spain.
17.  Journalist, his interests and rights in the legislation of the Netherlands.
18.  Mass media and protection of private life in the legislation of the Netherlands.
19.  Journalist, his rights and interests according the laws of Norway.
20.  Mass media and protection of private life in the right of Norway.

Control questions:
1.  Journalist, his interests and rights in the international legislation of European Communities.
2.  Mass media and intrusion into private life in the laws of the EC.
3.  Journalist, his interests and rights in the legislation of USA, Canada and Australia.
4.  Mass media and intrusion into private life in the laws of USA, Canada and Australia.
5.  Journalist, his interests and rights in the legislation of Great Britain.
6.  Mass media and protection of private life in the right of Great Britain.
7.  Journalist, his rights and interests in the laws of Germany.
8.  Mass media and protection of private life in the right of Germany.
9.  Journalist, his rights and interests in the laws of France.
10.  Mass media and protection of private life in the right of France.
11.  Journalist, his rights and interests in the laws of Austria.
12.  Mass media and protection of private life in the right of Austria.
13.  Journalist, his interests and rights in the laws of Sweden.
14.  Mass media and protection of private life in the right of Sweden.
15.  Journalist, his interests and rights in the laws of Spain.
16.  Mass media and protection of private life in the right of Spain.
17.  Journalist, his interests and rights in the legislation of the Netherlands.
18.  Mass media and protection of private life in the legislation of the Netherlands.
19.  Journalist, his rights and interests in the laws of Norway.
20.  Mass media and protection of private life in the right of Norway.

The literature:
1.  Barmankulova М., TV: money or authority? А. 1997.
2.  Devid Pendall, Universal journalist, А.1996.
3.  Laws and practice of mass media in Europe, America and Australia (reference analysis). - М.1997.
4.  Laws and practice of mass media in 11 democracies of the world (comparative analysis) - М. 1996.
5.  Foreign press: The brief directory. - М., 86.
6.  Kinping F. Adventure of Shpriger's house.- М., 74.
7.  Коtenko R. I. TV of Germany in two dimensions.- М., 88.
8.  Popov I. V. Foreign journalism.- М., 94.
9.  Rihter А. G. Modern right in USA. - М.1997.
10.  Sokolov V. S. Journalism of West-European countries: Textbook.- L. 90.
11.  Country of the world: The brief politico-economic directory. - М., 95.
12.  Mass media in international kaleidoscope, - 2,1994, М.
13.  Тele-screen - the unlimited domination? - М., Progress, 87.
14.  Hermann Mine. Mass media in Germany, - Rieden, WB-DRUCK, Коllokvium, 95.
15.  Sites and Web-pages in Internet.
  

© Кафедра ЮНЕСКО КазНУ 2001-2002 гг.

© UNESCO chair of KazNU 2001-2002