Freedom of the Press and Communications Law - II
June 15, 2009 by admin
Category Media Seminars , Communication Law
(Second part)
When talking about legal liability, we do some activities which, when we wrote an article, or a notice of this matter, whether it be writing a corner, or a cartoon or get a photo, when the publication becomes unlawful or contrary to the legal case which eliminated the presence of conditions stands on the issue must be addressed. Only, let's clarify this issue before the two clutch, one of which, "personality rights" concept. What is what we call personality rights? All the values that contribute to the development of prestige and personality of the person on the rights freely. At first life, bodily integrity, health, name, secrets, emotions, social life, ties, memories, letters on all persons are entitled to. This is one of the rights of persons private life "space" is the area we call. Here, we distinguish three specific area of life: the legal sense, they "shared living space", "private living space in the narrow sense" and "hidden or secret space" is. Area of one's hidden and secret, shared by the relatives, wants to keep itself hidden feelings, thoughts and values, and this area is the area that covers all closed to the press. In the narrow sense which we call a special living space, which is closer to the outside environment, acquaintances, relatives, friends, colleagues at work, including the generation of the larger field. This is an open space area is not entirely the media. That is not an area to put the world press. Events experienced in this area, the mouth of the participants, but the photos of people, names, identities, suggested removing the possible transfer. But does not being against the law of consent is always one thing, it'll soon be an instance. I also have a common living area. This field of public life or social life area we call area. What is it? Step by the street that we take home from the street, street, park, cinema, theater, bus, others are entering the relationship and interaction with others, come together tanımadığımız people, thoughts, opinions, feelings we do exchange, discuss all of these places had a quarrel in public areas and even in places . This is what we call public space or common area of life, as a rule, it is open to the press. Is the media an open space forever, but it is some misunderstandings, they say, if a person politicians, athletes, artists, public figures, such as kişilerdense was that we who glory in sociology we call it, everything about them, written and drawn. Unfortunately, the stage came the process of modernization, people hold on life, and identification breaks down the traditional ties and structures declined to lay down areas, identification of personalities started to construct his fame rather than for the younger generation. What we call today's society, culture and landscape conditions, it come to this situation, however, does not entitle us examine the field of fame, all life personalities. If you are in a location according to his duty, for example, in a contest, participate in the conference, attending a movie premiere or işlemişse a crime, of course, there may also be published photos of that person and his personal life related information can be presented to the public. In fact, the person called has a right to remain anonymous in the common living space. For example, I crowd the street in the street, but that he also would like to be alone by myself, and he is my special our field, that person with his wife, their children can go to a cinema. This media mensubuna, where her house behind the monitor and insert it all the time to write up does not give detail. But here are some criteria to be considered. What are these criteria? Person, private life into public use through the consent Does the press? Gives consent, the consent is usually eliminates the unlawfulness. If you do not consent, we intervene in people, especially the secret area, it constitutes an attack on personal rights and private life. But the person, even if hidden field may itself. You know, modern humans began such a process, one in the house, and 24 hours of putting the lives of the web camera over the Internet to share with the public. Here only the will and consent of the person, does not eliminate the unlawfulness of all time. I think this is one of today's most issues to be discussed. It reveals itself to be itself open to the public, does not meet the general moral rules, this community honestly, reasonably, expect the average citizen does not meet standards of behavior, does not eliminate the unlawfulness of consent here. This addition to the ethical, legal aspects, but also the Civil Code 23 provided for in Article tied, people give up their liberty, in violation of public morality and traditions can not limit their freedom. " Is called. There is a more concrete example of this. You know, "BBG" he had a television program about this program RTÜK, often practicing the sanction of suspension or closing the program. Defense against this was that every time the visual media, "comes from his own consent." In fact, there's a scene in question. How people behave in a natural environment where the cameras that is a separate issue, but all in front of their cameras to the public open their private lives, contrary to the general rules of proprieties and morality carries the philosophical or raised as a human being rather than glorifying the human values, eroding it probably carries a feature Such programs, he not only participate in their own free will, does not become lawful.
Writing are members of the press corner, taking shots, cartoon drawing, there are some features that should be considered. Drawn by photographs, news of the event is a reality that needs to be, but the truth, you must research the extent that attention falling on it. Here, to investigate the truth and then he, or a social scientist as a public prosecutor in many aspects, such as in-depth investigation of a case, press mensubundan expect, because this is not a situation consistent with the requirements of his career. Here, as in how the journalist is not tangible or material to find the truth, the apparent reality is catching up. The reporter doing a story, for example, when a corruption story, I really have yet to fulfill the task incumbent upon the research must look at it. Years ago, as an expert witness from a file which to me is an example: an incident in Adana, a fake diploma'' police'' have made newspaper headlines. Topics related to a school principal. I really can tell a fake diploma issued an article on the issue, safety, the governor, there is correspondence between the national education, there are examples of fake diplomas, journalists counted at all hurtful,'' a headline that took the police a fake diploma "and then she put clippings and correspondence in the language of is claimed "," "reported" in the form of absolute no judgmental statements. For me as an expert witness from the file, the journalist wrote that çizdiklerinin fair, where there is public interest, because the social benefits to be known by the public that the corruption and irregularities, as it is up to date with the nature of the event, there is also the subject of the balance between expression and, consequently, publication does not constitute a violation of the law, wrote in the report. However, we know that it is not always that way.
Constitute a violation of law in assessing whether a publication is to be taken into account as a criterion of reality, the press officer is apparently also related to the fact that research has failed to fulfill his homework. The evidence relied publication, in the face of documents submitted, the average, reasonable, adequate and satisfactory it finds an honest citizen, it means that the journalist had to land on the task of search for truth. This is a standard measure of the law no.
The second important criterion is that the public interest to have at work, so when that broadcast journalists to protect certain media institutions,-sometimes more than we know is the mainstream media, both newspapers and television screens of the two media groups collide and heavy charges related to each other bulunuyorlar-or the hatred, animosity, revenge, or you really make sense to inform the public, to create public opinion? Measurement should be of public interest here. If you do not have the public interest, publications, even if true, would become unlawful.
Third, the measure of timeliness. Publish your one's about 25-30 years ago lived a private life, can you make a point is shared with the public. Completely hidden field, or does not belong to the secret area, the conditions in the narrow sense if an issue relating to private life can broadcast topic. Because this area is closed to the press in part, is not completely closed on. Public interest requires it, of course, be entered into the private life. If the public spreads, which constitute the publications can be made to attack the rights of people, but it is of public interest, makes it lawful. Date should be the subject of public interest and should be, say, a person is the general manager of the national education. This person had abandoned 25 years ago, their children, had filed for divorce, had neglected their children, it being the general manager has nothing to do today. You're the head of the institution of family research this person, even if the event 25 years before the event date. Why not? Because there is a link between the past event, the current actual situation. Or a person or an inquiry had tried in the past, money laundering and then the Financial Crimes Investigation Board, chairman of the board have done that we call briefly MAK, even though 30 years ago, where there is timeliness. Sentenced to 20 years ago kaçakçılıktan people, doing customs undersecretary. Here, too, has timeliness.
The balance between expression or presentation has been the subject is another measure of proportionality. Balance in the presentation, in particular in local media is very important. Most of the court cases, the local media, followed the required criteria, even if the presentation gözetmediği enough for the balance will be forfeited. Local media, why is it important? Important in terms of closeness and proximity to a source of both the reader and in this sense is under a double control. For him that the local media, in terms of the formation of a democratic regime and the political culture has a very important place. I wish that even more power in this sense be higher then the local media. Local media against libel case opens in the most press. In general, you look at the local media, broadcasting the event that becomes a reality, there's news of public interest, but that the issue of consistency or balance between the measure appear to be missed. Like what? Normally news of corruption, as corruption being limited to give, not yet known to the person without a conviction, "cheat", "hypocritical", "dishonest" to declare. However, trying to tell the person had been accused of committing the offense of fraud which may mean that extra-judicial killings and the phrase will be required, but should be avoided. No court order is not hard it is to cheat, there is in our Constitution, the universal principle of law are general, certificate of innocence, so that the person is convicted person shall be presumed innocent until proven guilty by default, direct people to cheat in this case, hypocritical, twisted, evaluations should be avoided, such as killer . It is usually written about the press, along with some more insaflıdır visual media is also a reduction in the past is also in question. TV commentators for a party out of the past "party of thieves," he said, come out the next day, I learned that I asked it, pay it milyonmuş 3-5, I'll keep saying it diyebilmiştir. About specific individuals or "leeches, sewer rats, spiders ignorant minds" have been used words such as. Whereas the broadcast, no matter how accurate, how much public interest is found, no matter how current, a large portion of the cases against members of the press is one of main reasons for the conclusion, that the issue is the balance between the unprotected. One of the absolute judgments have been expressed in making its assessment. Avoid absolute judgment, the possibility of as much as possible, should be soft and flexible language. In writing the text; sensations are received, said, claimed that the soft phrases, such as selected.
Years ago, a negative example of the local media, a person devoted to any one party to another party before the election has passed. MPs want to get in Turkey, wants to be mayor or council member, to change their party, that in general we all know what it means. Name the last person put a picture 2 ppm, not content with it, this person at your left, crossed here said, had put a dollar sign in front of the photo next to put an equal sign. Also not been satisfied with him, under the past "few dolars," he wrote. Here, with the money, this person is completely transformed into a commodity bought and sold commercially. Whereas it is possible to obtain more favorable terms, and the result is the same goal. This is a phenomenon due to the Earth a little culture and mentality. One state hard, clear, not you when expressed in absolute terms, as if we are derdimizi did not express, because the journalist is not out of this culture. , Finally, I want to mention the ethical dimension of some event. Ethics are an important feature of the size of the local media. The print media, how much bureaucratic, hierarchical structure and kavuşursa severs contact with the public, as well as the mainstream media, both at work, both in terms of space, separated into lots of fun, public, the readers, the source and the distances between the major steps in when a person enters, it is a universal thing, weakens the moral responsibility and sensitivity. This is the biggest chance of the local media. Because the local media, exaggerating a thing when he wrote, almost reaching her readers, "Ahmet Bey, kim, Does such a thing," he sorabilmektedir, but it is not possible to reach common media reader. We have an understanding of the law that solves everything, I would argue as a lawyer, a distance of more than moral support, not of law can not fold. Is it ethical that has priority, they say Is the law, ethics, say, say morality. What we call morality of the space is not a situation has arisen or fanusta, morality or the social, human, emotional, social, cultural, there is a framework, if people are experiencing intense anxiety to bring bread home, journalists, business law, brought by a press in the media monopolies and concentrations bırakılmışlarsa lacks safeguards in a big way, just prepared in good faith, professional ethical codes does not work. If the legal structure, socio-economic cultural structure does not support each other, just to make an issue of a code of ethics is not a solution. If you already had a solution, the first in the 1960s, established under the Press Journalists Association of Turkey and is now determined by the Court of Honor press law known as moral principles, principles known in Turkey for 50 years, but our media continues to be able to find complaints.
Information: Associate Professor at Gazi University Faculty of Communication. Dr. Mehmet Yüksel on April 12, 2008 the "Communications Law" seminar.
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