Freedom of the Press and Communications Law - I
June 15, 2009 by admin
Category Media Seminars , Communication Law
The importance of freedom of the press come from? As you know, the Constitution, freedom of thought and opinion that we have resolved. Having the freedom of thought and opinion, along with access to information and news, and how to obtain, and disseminate them to others the right to bring forward. However, how this right can be used today? In today's increasingly complex, crowded, diverse, differing in the world, but mass media / media be said to be possible through the. Here, instead of the media "press" I would prefer the word in the written press and the media, not only in the narrow sense, the visual and auditory media to cover the broad sense will I speak.
I would like to emphasize that, today, without press, without the mass media, you can enjoy the opportunities provided by their relationship was reached, and be able to contact. In this situation, both in terms of society's economic life, as well as social, cultural and political life and in terms of international relations is of great importance.
Freedom of thought and freedom of expression to be rendered by the Constitution with the right people to be well known, this freedom, freedom of the press means freedom of expression with the sup is a real bear. Because the freedom of thought, we share it with others, interact with others at the value entered is the winner. At that time, "the press of public duties," the so-called tasks arise. What is the public duties of the press? As is known, information and news media access, such as the public are urged to forward it to the public. There is also the duty to audit and criticism. These functions, especially in the press, the rule of law and democratic regime is of great importance in terms of highly. Reflecting public opinion, public Thinking on some issues, the discussion referred to, strikes, such as to contribute to the formation of public opinion also sees an important role in terms of human rights and democratic regime. The press, in general, the process of socialization of young people and children, social values, political culture and democratic values play a vital role in the transfer and to adopt them.
When we look at the framework of social life, there is freedom of the press, various thoughts, opinions, feelings and values in society through the media, transferred, or not shared in an environment largely devoid of wealth can provide us with different ideas and they will remain. Press through the collision of different ideas, different ideas are not allowed to interfere with the time, their thoughts, the most accurate, infallible, and in a moment we begin to see this as an absolute opinions, even if we realize that without a dogmatic or fanatical we are dragged to a location. Because our thoughts are testing different ideas, discuss the opportunities we are recognized. Therefore, to restrict freedom of the press, at the same time limit the authenticity of thought and expression means. Otherwise limit the freedom of thought and expression, our thoughts, our views and our ideas into stereotypes dogmatikleşmesi invariants becomes increasingly inevitable. Also consider your own thoughts is very accurate, others' opinions and thoughts, can you judged to be wrong from the beginning. But ourselves, interact with others when we opened, when we entered an exchange of opinions, attitudes and behaviors more flexible about the realities of life begin to show.
What is the importance of freedom of the press in democratic life? Democracy, not only, as some have conjectured, enter the most votes in the elections does not mean that the area management. This is a caricature of democracy, reflect a very simple and a bit of a distorted anlaşılışını. The most important principle underlying democracy, the people in front of more than one option, multiple choice, more than one candidate, the program should place a multiple. Among them is necessary to make healthy choices. This is to make healthy choices should be a medium of communication in the pluralistic and libertarian. In such an environment, the richness of thought, exchange of views, different ideas, if the plurality yaşayabildiğimiz healthy thoughts and convictions of political preferences, so you will be able to convert. Freedom of thought and expression, freedom of the press in a democratic regime is broadly regulated countries a healthy place and is unlikely to develop a democratic political culture. Especially the last five-six months of intensive debate in our country to make it, how much is actually in this area will be understood that the biggest deficit.
What is the importance of the media in terms of the rule of law? When speaking of the rule of law, in general, is connected to the fundamental rights and freedoms recognized and guaranteed, the executive, legislative and judicial administration was subjected to a control, the principle of separation of powers of a sovereign state structure are highlighted in traffic statistics. Rule of law, the most simple and plain manner, at the top of the state president to be the simplest of all citizens are subject to the same rules and practices can be defined as a state. This is the Constitution, 2 Article has been beautifully expressed. In this Article, the Republic of Turkey, human rights, secular, democratic social state of law as defined. We have 2 of the Constitution the Copenhagen criteria would not discuss the item. In fact, the Copenhagen criteria that make up the political and legal dimension of human rights, democracy and the rule of law, the Constitution of the Republic of Turkey 2 already stipulated in article. In my opinion, the main task falls to us, 2 there referred to matter more, this 2 interpret the meaning of matter and to develop it. Going back to the State of Law again, the most important aspect of the rule of law, of those in the management area, or jurisdiction, no matter if the legislative and executive areas, none of the controls on the outside do not. There are also types of the control: political control of the Assembly on the government control. This is a written and oral questions in parliament, parliamentary inquiry, parliamentary inquiries, general debates, motions of censure and control that occur in ways such as voting trust. Hierarchical control, as we all know, the bureaucracy in the upper hierarchy, the lower, inspecting it. Can we say this, Turkey is also very healthy? Boards of the inspection there, prepare expense reports, but reports have the authority to come and perform in front of ministers and bureaucrats who waits. Then, at the appropriate time would be shelved. Judicial review, issued today, the most highlighted and stand out, seek help from the expected type of control. However, everything does not go before a judge, also correctly, then you go to the judiciary is not everything, it's not necessary. Because the judiciary, can keep up with them all. In fact, live in a democracy, human rights and the rule of law kökleşmesi zenginleşebilmesi the most important in terms of control, public opinion controls: control of the public to perform and create an awareness of this issue, in terms of mobilizing the public press has a vital place. The press, whether in political life, whether socio-economic life, where irregularities, corruption, and shortcomings under the spotlight by taking and processing them, the general public on these issues would have made the task of informing the public. Thus, the sensitivity of public opinion about the issues that contribute to the development bulunur.Gerek human rights, the need for a democratic regime, the press and the rule of law as vital and important function in terms of looks, you have to draw the greatest possible freedom of the press frame.
What are the limits of freedom of the press, how the line be drawn? This issue should actually look at the history of mankind. Basic regulations on freedom of the press, no doubt the invention of the printing press is not able to drive the previous period. Because the ideas to the masses quickly and widely forwarded via the printing press, freedom of the press, freedom of expression, so you may find the meaning. We know that the activity of the written press, 17 started at the beginning of the century. But the administrative authorities to obtain a license for establishing the first printing presses, as well as all the material to be printed, the palace and the church needed to control spending. In other words, censorship, or pre-audit process that took place, presented to the public what the authorities decided to sunulamayacağına.
18. century, today described as the cradle of democracy in England, in 1792 the famous English thinker Thomas Paine, "Human Rights" in his book, speaks French and American revolutions in the way a little bit more sitayişkâr not stop popping up, but for 1688 the British revolution "seditious libel," offense prosecuted for allegedly committing. The trial process is very important points raised by the defense. "People's information needs oxygen, no oxygen can be deprived of human knowledge and human brains, tongue, eyes lock vurulamaz" he makes the defense. He stages, until today, paving the way for press freedom, we know some of the regulations has found life.
When it comes to our country, the first regulation on this subject, dated 1864, Nizamnamesi printed documents. Nizamnamesi'ne printed documents, according to the administrative authorities of a newspaper or periodical is sure to emerge a permit, namely to get a license was required. In addition, the Sultan's authority, the envoys of foreign states, military and security issues were not permitted in any publication. According to the Constitution of 1876, "printed documents are free to the law's apartment." Removed, but not enter into force in 1877, a press law, then, in 1909, more removed from the Press Law. This law is a step forward in terms of freedom of the press, has represented the Declaration has brought to the system. What is the return system? The nature of a publication without the permission of the administrative authority and the relevant authority to give information on the properties. There is no discretion here, the administrative authority. In this sense, according to 1864 in 1909, has experienced great progress, but it lasted for four years in Turkey, after the Balkan Wars, the coming to power of Union and Progress, 1 World War II and the Liberation War he, reached to 1931. Adopted and promulgated the Law on the Press in 1931, a declaration would be a transition system, but to get a license in 1938, again, is very limiting freedom of the press, such as financial guarantee deposit is returned in a structure.
By the period of the Democratic Party, the Press Law No. 5680 dated 1950, on the basis of the law be said to be a liberal, but all özgürlükçülüğü took four years. Four years later, in 1954, "Prose through the Law on Offenses and Certain to be processed by the radio as" a law was passed. Then, in 1956, "Prose and Radio with Through the meetings, or some Felonies committed on the law" was enacted. These regulations have been ihsas new crimes. Constitution of 1961 had drawn the framework of freedom of the press a little bit more of a libertarian perspective, we see movement, but also that on 12 March 1971 coup Muhtırası'ndan ate and were exposed to a coup in 1982, we see even more intense. 26 of the Constitution concerning freedom of thought, because both in Article 28 concerning freedom of press and Article, and which do not serve any reasonable understanding of the mind that are difficult to see that the 'forbidden to broadcast languages,' he has been a provision. These provisions, but we kurtulabildik 2000s. The concept of a language that prohibited a constitution, it is not possible to say that a liberal constitution.
He said it was completely unlimited freedom of the press saying olmuyoruz them. All freedoms have a limit. Already you, by making a constitution, an area of freedom, take, recognize, when you draw the framework, what is the philosophical sense of freedom, you are brought into a right of legal terms. Each legal regulation, to limit itself to a task, but when the subject of thought and freedom of the press, as far as possible in this framework should draw. There are limits on this subject of universal extent. Limitations in this regard only in our Constitution, our press is not unique to yasamıza. In fact, entered into force in 2004, "Press Law" in, and it appeared that the press is free to obtain information, dissemination, forwarding all the rights contained such provision, but the limits have shown tied. Both the Universal Declaration of Human Rights and European Convention on Human Rights, and our legislation is now generally accepted What are the limits? Maintain public order, ensure public order, protect the rights of persons personality, free from influences such as the judiciary are drawn boundaries. In addition, when the public order, crime, promote, driven to crime, the crime organization to make propaganda, praising crime and criminals, of course, is not within the scope of freedom of expression. But do not go we like to prohibit the description of each thought, freedom of speech and freedom of the press is not compatible with an attitude. For example, the American practice, where the "clear and present danger" has criteria. What is this? Indeed, expression of an idea, via press release, the day's environment and conditions hazard constitutes a very clear and precise nature may be limited at that time. There is a limit to freedom of thought. However, this creates a clear and present danger is involved, can be some limitations on press freedom. Some people, no benimsemediğimiz completely disagree with our feelings and thoughts, ideas and opinions that may take us seriously disturbing. Enough, 'Stand up, O inhabitants silahlanalım, www.sealife Print it out or let us go into action as' not. Pinned matter of law enforcement here, thought or idea, not description, action and behavior. If such an appeal, or praise or encourage crime, crime should not be counted, even if he thought quite contrary to our instructions. A very famous French thinker Voltaire said: "We agree with your thoughts, but you never think I'm ready to defend freedom at the expense of my death," he says. We can do it Do? This is based on one of our problems.
Turkish law, the criminal responsibility of the media and how organized civil liability, the unlawfulness of eliminating What are the conditions here, a little bit of his need to stand on. Regarding the criminal responsibility of the Press Law, the press has a more liberal atmosphere. However, the European Union, prepared by the process of going and I think it saves appearances, and apparently brought a substantial reform of the criminal law, said the new Turkish Penal Code, in fact, two or three years of intense public debate, particularly Article 301, material, including press criminal law also displaced more than the old layout is not possible to say that, or alters in character. Many article, "if a crime is committed through the media, this is a reason aggravating" is called. As we know, our 1982 Constitution, there is such a concept. The first item you read a little bit ferahlarsanız, very nice but a little later our Constitution, "but", "" in, "but to say", starts, already a name for him in the 1982 Constitution, "but, but, but the Constitution is". Criminal yasamızda is possible to see the same feature. Aspires for a moment, then get a glimpse of freedom was given, "but it is committed through the press," a phrase he comes back and is described as an act of crime, aggravated if committed through the press came to see the encounter.
Another important matter closely related to the press outside of Article 301 for "insulting" 125, which criminalizes substance. Provision of this Article connects the offense of insult is extremely important. Because, today is a weighted majority of cases brought to the press "through press and media, for" insulting form interstitials. 301. bringing up the mountain in dense matter, people under investigation or facing trial, usually known by the public to have parties, and especially because of the widespread national media coverage is used to take. However, most suffer from the local press mensuplarımızın one of those where, through the press, provision of insults. In fact, in relation to the crimes of defamation through the press and broadcasting, said there is a tendency now in the world: In some countries, the criminal law of defamation through the media to be a criminal offense çıkarmışlardır completely. So, as a matter of concern not only the parties to evaluate and respond to, and correction of the right to argue that the existence of adequate arrangements for the responsibility of the press law. The right of reply and correction, more interoperability, folded, media law, moral and material responsibility for what we call responsibility kolaylaştırdığımız way to go if in fact we expect for insulting the purpose is achieved through the media. Today, I think, is no longer a criminal offense or are counted and counted properly be discussed in terms of criminal law.
(Will continue)
Information: Associate Professor at Gazi University Faculty of Communication. Dr. Mehmet Yüksel on 12 April 2008 the "Contact Law" seminar.
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Freedom of the Press and Communications Law - II
June 15, 2009 by admin
Category Media Seminars , Communication Law
(Second part)
When we speak of civil liability, or what activities we do a little bit, 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 law which eliminate the conditions in the presence of stands on the issue must be addressed. Only, let's clarify this issue before the two concepts, one of which, "personality rights" concept. What is the thing we call personality rights? Dignity and personality of the person who freely contribute to the development on the rights of all values. At first life, bodily integrity, health, name, secrets, emotions, social life, ties, memories, letters, all persons are entitled to. This is one of the personality rights of "private life space" is the area we call. Here, too, when dedicating a special area of life: they are the legal sense, "a common living space", "private living space in the narrow sense" and "hidden or secret space" is. The contact area of the hidden and secret, shared by the relatives, wants to keep itself hidden emotions, thoughts and values, and this area is the space-saving, all closed to the press. In the narrow sense, what we call a special living space, which is closer to the outside environment, acquaintances, relatives, friends, colleagues at work in the area that encompasses the wide belt. This area is an area completely open to the press. In other words, the world press is not an area easily accessible. Events in this area, the mouth of the participants, but the photos of people, names, identities that removing the transfer is possible. But consent is always something to be against the law does not, it'll soon be an instance. I also have a common living area. This field of public life in the area or the area we call social life. What is it? Step by the street that we take home from the street, street, park, cinema, theater, on the bus, others are entering the relationship and interaction with others, we come together not know the people, thoughts, opinions, feelings, our exchange, we have discussed all these places, even in the public areas in the fight . That is what we call the public space or common area of life, as a rule, is an area open to the press. But is this an area open to the press forever, is some misunderstanding, they say, if a person, politician, athlete, artist, such as public goods that have been kişilerdense, who glory in sociology we call it, everything written about them can be drawn. Unfortunately, the process of modernization stage, people come, hold on life and breaks down the traditional ties and structures established by identification fields declined, the young people rather than to his fame şahsiyetlerle identification esteem. In today's culture and society, what we call a horizontal condition, it come to this situation, however, this right of review does not give us the living space for all public figures fame. If you are in a location according to his duty, for example, in a contest, participate in the conference, attending a movie premiere or a crime işlemişse, of course, there may also be published photos of that person and his personal life may be offered to the public for information. In fact, the person, in the common living area has a right to remain anonymous call. For example, I crowd the street in the street on my own inference, but he also would like to be alone, and that our field in my custom, the person with his wife, their children can go to a cinema. This media mensubuna, as it will go hours out of her house behind the monitor and does not give the right to write up all the detail. But here are some criteria to be considered. What is the criteria? People, when you open to the public over the private lives of consenting Does the press? Gives consent, the consent is usually eliminates the unlawfulness. If you do not consent, we interfere with their particular area of a secret, it constitutes an attack on personal rights and private life. But people, even the hidden field can itself. You know, modern humans began such a process, one house and 24 hours of putting the lives of the web camera to share with the public over the Internet. Here only the will and consent of the person, does not eliminate the unlawfulness of all time. I think today is one of the many issues to be discussed. In this way, to reveal itself, open to the public itself, does not meet the general rules of morality, this situation, society, honest, reasonably, expect the average citizen does not meet the standards of conduct, here, does not eliminate the unlawfulness of consent. The moral of this work, as well, but the legal aspect of the Civil Code 23 Article resolved, people give up their liberty, in violation of public morality and Adaba not limit the freedom. " Is called. There is a more concrete example of this. You know, "Somebody is watching us," he had a television program about this program RTUK, often practiced the sanction of suspension or closing the program. Visual media is always against this defense was that "people come voluntarily." In fact, there's a scene in question. How people behave in the presence of the cameras is natural that a separate issue, but their private lives in front of cameras all the public-ins, the general proprieties, and contrary to the rules of morality, if it has exalted human values of human beings or as philosophical rather than increasing, eroding it probably carries a feature Such programs not only participate in their own free will, so that they do not become lawful.
Writing are members of the press corner, when taking photos, cartoon drawing, there are some features to consider. A photo is taken, the news of the event is a reality that needs to be, but the truth, you must research the extent taken its part. Here, to investigate the truth and then he as a public prosecutor or a social scientist in many aspects, such as in-depth investigation of a case, press the mensubundan expect, because this is not a situation consistent with the terms of his career. The point here, the journalist is not to find a concrete or tangible reality, apparent reality is catching up. The journalist, doing a story, for example, when news of a corrupt, failed to fulfill the task of actually falling on 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 understood the article which held a fake diploma on the issue, safety, the governor, there is correspondence between the national education, there are examples of fake diplomas, journalists never have taken the offensive in a headline numbers in the police''fake diploma "and then she put clippings and language used in correspondence "It is claimed", "reported" in the form of absolute no judgmental statements. For me as an expert witness from the file, type the çizdiklerinin journalist is fair, where there is public interest, because of corruption and irregularities in the public interest that there be known by the public, it is also with the nature of the event date, there were also the balance between subject and expression, as a result 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 its homework. The publication dayanılan evidence, in the face of the documents presented, the average, reasonable, adequate and satisfactory it looks like an honest citizen, has made the task of the journalist's search for truth, which means falling on top. There is no specific measure of the laws of this standard.
The second important criterion is whether there is public interest in the work, so that when publishing, media institutions in particular to protect journalists, we know-and sometimes much more going on in the mainstream media, both newspapers and television screens of the two media groups, and colliding with each other-or the intense accusations bulunuyorlar the hatred, animosity, revenge is for the sense of not really inform the public, to create public opinion? Measurement should be of public interest here. If you do not have the benefit of the public, publishing, even if true, would become illegal.
Third, the measure of timeliness. Publication that you make, people 25-30 years ago lived a matter of private life can you make is shared with the public. Belong to a secret area, or if it is not entirely secret, private life in the narrow sense of a matter relating to the area if you have conditions that can broadcast. Because this area is closed to the press in part, is not completely closed in. Public interest requires it, of course, also be entered into the private life. If the public will spread, publications can be made for individual rights that constitute the attack, but this, according to law makes the public interest. Should be the subject of public interest and should be up to date, for example, a person is the general manager of the national education. This party, had abandoned 25 years ago, their children, had been a 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 in this person, even if the event 25 years before the event date. Why? Because, there is a link between the current situation in the current events of the past. Or a person or an inquiry had been tried in the past money laundering, and then the Financial Crimes Investigation Board, chairman of the board have done a short called MAK, even 30 years ago, where the currency in question. Sentenced to 20 years ago, people smuggling, the customs undersecretary doing. Here are the currency.
Konuyla ifade arasındaki denge veya sunumdaki ölçülülük de bir başka ölçüttür. Sunumdaki denge, özellikle de yerel medya bakımından çok önemlidir. Açılan davaların çoğunu, yerel medya, gerekli kriterlere uymuş olsa bile, sunumdaki dengeyi yeterince gözetmediği için kaybetmektedir. Yerel medya niçin önemlidir? Gerek haber kaynağına yakınlığı bakımından gerekse okuyucuya yakınlığı bakımından önemlidir ve bu anlamda çifte bir denetim altındadır. Onun içindir ki, yerel medya, demokratik rejimin ve siyasal kültürün oluşması bakımından çok önemli bir yere sahiptir. Dilerim ki, bundan sonrada yerel medyanın bu anlamdaki gücü daha da fazla artsın. Yerel medyaya karşı, en çok basın yayın yoluyla hakaretlerden dava açılır. Genel olarak yerel medyaya bakarsınız; yayın konusu yaptığı olayda bir gerçeklik oluyor, yaptığı haberde kamu yararı da var, ama konuyla ifade arasındaki uyum ya da dengede ölçüyü kaçırmış oldukları görülür . Ne gibi? Normal yolsuzluk haberini, yolsuzluk olarak vermekle yetinmeden, henüz kesinleşmiş bir mahkumiyet kararı olmaksızın kişiyi “dolandırıcı”, “riyakar”, “sahtekar” ilan etmek. Oysa, kişinin dolandırıcılık suçunu işlemekle itham edildiğini anlatmaya çalışmak gerekmektedir fakat yargısız infaz anlamına gelebilecek ifade ve tabirlerden kaçınılmalıdır. Henüz mahkeme kararıyla onun dolandırıcı olduğu sabit değilse, Anayasamızda da vardır, hukukun genel evrensel ilkesi vardır, masumiyet karnesi diye, yani kişinin suçlu olduğu hükmen sabit oluncaya kadar kişi masum sayılır, Bu durumda doğrudan kişileri dolandırıcı, ikiyüzlü, sapık, katil gibi değerlendirmelerden kaçınmak gerekmektedir. Bu konuda genellikle yazılı basın, görsel medyanın yanında biraz daha insaflıdır ayrıca geçmişe göre bir azalma da söz konusudur. Eskiden televizyon yorumcuları çıkıp bir parti için “hırsızlar partisi” demiş, ertesi günde çıkıp, ben bunu sordum öğrendim, bunun tazminatı 3-5 milyonmuş, ben bunu söylemeye devam ederim diyebilmiştir. Ya da belirli kişiler hakkında “sülükler, lağım fareleri, örümcek kafalılar” gibi sözcükler kullanıldığı bilinmektedir. Hâlbuki yapılan yayın, ne kadar doğru olursa olsun, ne kadar kamu yararı bulunursa bulunsun, ne kadar güncel olursa olsun, davaların büyük bir kısmının basın mensupları aleyhine sonuçlanmasının önemli nedenlerinden birisi, konuyla ifade arasındaki dengenin korunmamış olmasıdır. Bir de değerlendirme yaparken mutlak yargılar dile getirilmektedir. Mutlak yargılardan kaçınmalı, mümkün olduğu kadar ihtimali, yumuşak ve esnek bir dil kullanılmalıdır. Yazıyı kaleme alırken; duyum alınmaktadır, söylenmektedir, iddia edilmektedir gibi yumuşak ifadeler seçilmelidir.
Yıllar önce, yerel medyadan bir olumsuz örnek daha; Kişinin birisi bir partiden ayrılmış seçim öncesi başka bir partiye geçmiş. Türkiye'de ister milletvekili olsun, isterse belediye başkanı veya meclis üyesi olsun, bunların parti değiştirmesi, bunun genel olarak ne anlama geldiğini hepimiz biliriz. Adı geçen kişinin fotoğrafını koymuş 2. sayfaya, bununla yetinmemiş, şu kişi şuradan ayrıldı, buraya geçti demiş, fotoğrafın yanına eşit işareti koymuş karşısına da dolar simgesi koymuş. Onunla da yetinmemiş, altına geçmiş “kaç dolars” diye yazmış. Burada bu kişi tamamen parayla alınıp satılan ticari bir metaya dönüştürülmüştür. Hâlbuki daha uygun ifadelerle aynı amacı ve sonucu elde etmek mümkündür. Bu biraz da kültürümüzden ve zihniyet dünyamızdan kaynaklanan bir olaydır. Bir durumu sert, net, mutlak ifadelerle dile getirmediğimiz zaman, sanki derdimizi ifade etmemiş oluyoruz, çünkü gazetecimiz de bu kültürün dışında değildir. ,Son olarak olayın biraz etik boyutuna değinmek istiyorum. Etik boyutunda da yerel medyanın önemli bir özelliği vardır. Basın dünyası, ne kadar bürokratik, hiyerarşik yapıya kavuşursa ve halkla olan temasını keserse, yaygın medyada olduğu gibi, gerek çalıştığı yer, gerek eğlendiği yer bakımından ayrıldığı zaman, halkla, okuyucuyla, kaynakla arasına büyük kademeler ve mesafeler girdiği zaman, bu evrensel bir şeydir, ahlaki sorumluluk ve duyarlılık zayıflar. Yerel medyanın en büyük şansı budur. Çünkü yerel medya, bir şeyi abartarak yazdığı zaman, okuyucusu ona hemen ulaşıp “Ahmet bey, Ayşe hanım, böyle şey olur mu” diye sorabilmektedir ama yaygın basına okuyucunun ulaşması mümkün değildir. Bizde bir de hukuk her şeyi çözer diye bir anlayış vardır, ben bir hukukçu olarak iddia ediyorum ki, ahlakın desteğini almayan hukuk fazla bir mesafe kat edemez. Öncelikli olan etik midir, hukuk mudur deseler, etik derim, ahlak derim. Ahlak dediğimiz şey de uzayda oluşan veya fanusta oluşan bir durum değildir, ahlakın da toplumsal, insani, duygusal, sosyal, kültürel bir çerçevesi vardır, eğer insanlar eve ekmek götürme kaygısını yoğun bir şekilde yaşıyorsa, gazeteciler, medyadaki tekelleşmeler ve yoğunlaşmalar nedeniyle basın iş yasasının getirdiği güvencelerden büyük bir şekilde yoksun bırakılmışlarsa, sadece iyi niyetle hazırlanan meslek etik kodlarıyla sonuç alamazsınız. Eğer hukuki yapı, sosyo-ekonomik kültürel yapı birbirini desteklemiyorsa, sadece bir konuyu etik kod haline getirmek bir çözüm olmuyor. Zaten eğer çözüm olsaydı, ilk olarak 1960'lı yıllarda, Türkiye Gazeteciler Cemiyeti bünyesinde kurulan Basın Şeref Divanı tarafından belirlenen ve bugün basın ahlak yasası diye bilinen ilkeler, Türkiye'de 50 yıldır bilinen ilkelerdir, ama bizim medyadaki yakınmalarımız da yoğun bir şekilde devam etmektedir.
Bilgi: Gazi Üniversitesi İletişim Fakültesi Öğretim Görevlisi Doç. Dr. Mehmet Yüksel'in 12 Nisan 2008 tarihinde verdiği “İletişim Hukuku” konulu seminer.
