The Relationship Between Media and Politics Essay Example for Free

The Relationship Between Media and Politics Essay Introduction The Access to Information and Privacy Bill, 2001 (Media Bill) is currently being considered by the Zimbabwean Parliament. Passage of this Bill, which is part of a series of restrictive measures proposed by the Government, was recently delayed when the parliamentary legal committee failed to report on it in advance of the second reading, as required by the Constitution of Zimbabwe. This Bill, if passed into law, would severely restrict freedom of expression in Zimbabwe. The timing of the Media Bill, just prior to the presidential elections scheduled for March of this year, makes ARTICLE 19’s concerns about it all the more poignant, given the crucial importance of freedom of expression to free and fair elections. As the name of the Media Bill implies, it does formally establish a right to access information held by public bodies, something ARTICLE 19 welcomes. However, this right is so limited by exclusions and exceptions that its practical impact is likely to be extremely limited. The Media Bill does also impose limits on the collection of personal information by public bodies and the uses to which such bodies may put this information, again something we welcome. However, the bulk of the provisions in the Media Bill have nothing to do with access to information or privacy. Instead, they impose a range of harsh restrictions on media freedom. This gives the impression that the name and information/privacy provisions have been included simply to draw attention away from the real import of the Media Bill. Key problems with the Media Bill are as follows: the exceptions and exclusions to the right to information are so comprehensive as to effectively negate the right; all media outlets and any business disseminating media products or even video or audio recordings must obtain a registration certificate from a government controlled body; all individual journalists must also obtain accreditation from the same body;  all foreign ownership of the media is prohibited and no non-citizen may work as a journalist; and excessive restrictions are imposed on the content of what the media may publish or broadcast. This Memorandum analyses the Access to Information and Protection of Privacy Bill, setting out ARTICLE 19’s main concerns, along with recommendations as to how to address them. Our concerns are grouped into five main categories. First, the provisions on freedom of information are seriously undermined by an extensive regime of exclusions and exceptions. Second, the Media Bill allocates broad regulatory powers to an Information and Media Commission but this body is firmly under the control of the Minister responsible for information. Third, all media outlets, as well as those who disseminate information, including through video and audio cassettes, are required obtain a registration certificate from the Commission. Fourth, conditions are placed on who may practise journalism and all journalists are required to obtain accreditation from the Commission. Fifth, the law imposes strict restrictions on media content, including by reintroducing provisions which were recently struck down as unconstitutional by the Supreme Court of Zimbabwe. International and Constitutional Standards International Guarantees of Freedom of Expression The Universal Declaration of Human Rights (UDHR) is generally considered to be the flagship statement of international human rights, binding on all states as a matter of customary international law. Article 19 of the UDHR guarantees the right to freedom of expression and information in the following terms: Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The International Covenant on Civil and Political Rights (ICCPR), a legally binding treaty which Zimbabwe ratified in 1991, guarantees the right to freedom of opinion and expression in very similar terms to the UDHR, also in Article 19. Zimbabwe is also a party to the African Charter on Human and Peoples’ Rights, which guarantees freedom of expression at Article 9. These guarantees allow for some restrictions on freedom of expression and information but only where these are prescribed by law, pursue a legitimate aim and are necessary in a democratic society to protect that aim. Constitutional Guarantees Article 20(1) of the Zimbabwean Constitution guarantees freedom of expression in the following terms: Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence. As under international law, the Constitution does permit some restrictions on freedom of expression, but only where such restrictions are â€Å"reasonably justifiable in a democratic society† The Importance of Freedom of Expression International bodies and courts have made it very clear that freedom of expression and information is one of the most important human rights. In its very first session in 1946 the United Nations General Assembly adopted Resolution 59(I) which states: Freedom of information is a fundamental human right and the touchstone of all the freedoms to which the United Nations is consecrated. As this resolution notes, freedom of expression is both fundamentally important in its own right and also key to the fulfilment of all other rights. It is only in societies where the free flow of information and ideas is permitted that democracy can flourish. In addition, freedom of expression is essential if violations of human rights are to be exposed and challenged. The importance of freedom of expression in a democracy has been stressed by a number of international courts. For example, the African Commission on Human and People’s Rights has held: Freedom of expression is a basic human right, vital to an individual’s personal development, his political consciousness, and participation in the conduct of public affairs in his  country. Similarly, the Inter-American Court of Human Rights stated: Freedom of expression is a cornerstone upon which the very existence of a democratic society rests. It is indispensable for the formation of public opinion. [I]t can be said that a society that is not well informed is not a society that is truly free. This has repeatedly been affirmed by both the UN Human Rights Committee and the European Court of Human Rights. 1 Constitutional Rights Project and Media Rights Agenda v. Nigeria, 31 October 1998, Communications 105/93, 130/94, 128/94 and 152/96, para. 52. 2 Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC-5/85, 13 November 1985, Series A, No. 5, para. 70. The fact that the right to freedom of expression exists to protect controversial expression as well as conventional statements is well established. For example, in a recent case the European Court of Human Rights stated that: According to the Court’s well-established case-law, freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to â€Å"information† or â€Å"ideas† that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no â€Å"democratic society†. These statements emphasise that freedom of expression is both a fundamental human right and also key to democracy, which can flourish only in societies where information and ideas flow freely. Media Freedom The guarantee of freedom of expression applies with particular force to the media, including the broadcast media and the Internet. As the Inter-American Court of Human Rights has stated: â€Å"It is the mass media that make the exercise of freedom of expression a reality.†4 Because of their pivotal role in informing the public, the media as a whole merit special protection. As the European Court of Human Rights has held: [I]t is †¦ incumbent on [the press] to impart information and ideas on matters of public interest. Not only does it have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of ‘public watchdog’. This applies particularly to information which, although critical, is important to the public interest: The press plays an essential role in a democratic society. Although it must not overstep certain bounds, in particular in respect of the reputation and rights of others and the need to prevent the disclosure of confidential information, its duty is nevertheless to impart – in a manner consistent with its obligations and responsibilities – information and ideas on all matters of public interest [footnote deleted]. In addition, the court is mindful of the fact that journalistic freedom also covers possible recourse to a degree of exaggeration, or even provocation. This has been recognised by the constitutional courts of individual states around the world. For example, the Supreme Court of South Africa has recently held: Nilsen and Johnsen v. Norway, 25 November 1999, Application No. 23118/93, para. 43. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, op cit., para. 34. 5 Thorgeirson v. Iceland, 25 June 1992, Application No. 13778/88, para. 63. 6 Fressoz and Roire v. France, 21 January 1999, Application No. 29183/95 (European Court of Human Rights). The role of the press is in the front line of the battle to maintain democracy. It is the function of the press to ferret out corruption,  dishonesty and graft wherever it may occur and to expose the perpetrators. The press must reveal dishonest maland inept administration. It must also contribute to the exchange of ideas already alluded to. It must advance communication between the governed and those who govern. The press must act as the watchdog of the governed. Restrictions on Freedom of Expression The right to freedom of expression is not absolute. Both international law and most national constitutions recognise that freedom of expression may be restricted. However, any limitations must remain within strictly defined parameters. Article 19(3) of the International Covenant on Civil and Political Rights lays down the benchmark, stating: The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. It is a maxim of human rights jurisprudence that restrictions on rights must always be construed narrowly; this is especially true of the right to freedom of expression in light of its importance in democratic society. Accordingly, any restriction on the right to freedom of expression must meet a strict three-part test, approved by both the Human Rights Committee8 and the European Court of Human Rights.9 This test requires that any restriction must a) be provided by law; b) be for the purpose of safeguarding a legitimate public interest; and c) be necessary to secure that interest. The third part of this test means that even measures which seek to protect a legitimate interest must meet the requisite standard established by the term â€Å"necessity†. Although absolute necessity is not required, a â€Å"pressing social need† must be demonstrated, the restriction must be proportionate to the legitimate aim pursued, and the reasons given to justify the restriction must be relevant and sufficient.10 In other words, the government, in protecting legitimate interests, must restrict freedom of expression as little as possible. Vague or broadly defined restrictions, even if they  satisfy the â€Å"provided by law† criterion, will generally be unacceptable because they go beyond what is strictly required to protect the legitimate interest. The Freedom of Information Regime Government of the Republic of South Africa v. the Sunday Times, [1995] 1 LRC 168, pp. 175-6. See, for example, Mukong v. Cameroon, 21 July 1994, Communication No. 458/1991, para. 9.7. 9 See, for example, Goodwin v. United Kingdom, 27 March 1996, Application No. 17488/90, paras. 2837. 10 Sunday Times v. United Kingdom, 26 April 1979, Application No. 6538/74, para. 62 (European Court of Human Rights). These standards have been reiterated in a large number of cases. The Media Bill establishes a general right to access information held by public bodies (section 5). ARTICLE 19 has long advocated in favour of legislative protection for the right to information and, to that extent, welcomes this development. However, the regime of exceptions is so comprehensive as to render any right to information largely illusory. Furthermore, review of refusals to disclose information are heard by the Information and Media Commission, a body controlled by the government, rather than by an independent body. Several provisions in the Media Bill provide for exceptions. The First Schedule lists a number of bodies to which the Act does not apply (pursuant to section 4). These include, among others, records held by officers of Parliament which relate to their functions, records of an elected local official which are not held by the local body and any record relating to the exercise of the functions of the President. Indeed, the First Schedule formally excludes from the operation of the Act any record which â€Å"has no bearing on the election campaign itself†, thereby restricting the scope of the Act in this regard to the election period, although it is possible that this is a drafting error. Section 9(4)(c)  provides that public bodies do not have to provide information where granting access â€Å"is in the public interest†. This again is presumably a drafting error, with the word â€Å"not† missing from this phrase. Sections 15 – 26 provide for a comprehensive regime of exceptions from the duty to disclose information. Exceptions include all cabinet documents, including draft legislation, advice or recommendations provided to public bodies (with some exceptions) and information whose disclosure would â€Å"affect† relations between different levels of government or which may result in harm to the economic interest of the public body. Pursuant to section 5, non-citizens and any mass media outlet which is not registered do not have any rights under the Act. The Media and Information Commission is responsible for reviewing, upon request, any refusal to grant access to information (sections 9(3) and Part X). ARTICLE 19 is of the view that the right to access information held by public bodies is part of the general right to freedom of expression, which includes the right to seek and receive information. We therefore welcome any moves to provide for this right in national legislation. However, the right to information as provided for in this Bill is so thoroughly undermined by the very broad regime of exclusions and exceptions, as described briefly above, as to render the right essentially nugatory. A detailed analysis of the regime of exceptions and exclusions is not provided in this Memorandum; instead, a general critique is made. Exceptions are only legitimate according to international standards if they meet a strict three-part test as follows: †¢ the information must relate to a legitimate interest clearly defined in the law; †¢ disclosure must threaten to cause substantial harm to that interest; and †¢ the harm to the aim must be greater than the public interest in having the information (in other words, the law must provide for a public interest override).

The Physics of Car Collisions Essay -- Physics

Basic Concepts Issac Newton was the first to state the concepts that are necessary to understanding the physics of collisions. His three laws are used again and again in all the fields of physics: Newton's 1st Law In the absence of external forces, an object at rest remains at rest and an object in motion remains in motion with a constant velocity. This law can be best observed in space, far from the gravity of a star or planet, where there is no friction or air resistance. If, in the middle of deep space, you give a rock a little push, it will continue with the direction and velocity you gave it forever. The only way to stop it is to apply a force in the opposite direction. This law is not intuitive because we are surrounded by air and gravity - if we give a rock a little push on the surface of the earth, it won't travel far. Newton's 2nd Law The acceleration of an object is directly proportional to the net force acting on it and inversely proportional to its mass. This boils down to force equals mass times acceleration, F = ma. This little equation turns out to be immensely useful, again and again. If you add together all the forces acting on an object, they equal the mass of the object (in kg) times the acceleration of the object (in m/sec^2). Force is measured in newtons. One newton is the force required to accelerate a 1-kg mass to 1 m/sec^2. Newton’s 3rd Law The force exerted by object 1 onto object 2 is equal in magnitude and opposite in direction to the force exerted by object 2 onto object 1. This law appears to make little sense and can be difficult to grasp. If you push on a brick wall, the wall is pushing back on you with an equal force. If the wall was not pushing back, then your hand wou... ... hammer hitting a concrete wall is about 3,600,000. Sources: Barr, L.C. Safety Report. 1996. University of New Hampshire. 26, Nov. 2002. Borges, Danny. The Physics in Car Collisions. 22, Nov. 2002. Braking Distance. 2002. University of Idaho. 26, Nov. 2002. Safety Fact Sheet. 1999. Airbag Testing Technology, Inc. 26, Nov. 2002. Serway, Raymond A., and Robert J. Beichner. Physics for Scientists and Engineers, Fifth edition. Thomson Learning Inc. U.S.A., 2000. Toor, Amrit, Michael Araszewski and Ravinder Johal. Technical Assessment of Seatbelt Usage and Effectiveness. 2000. Intech. 26, Nov. 2002.

Ethan Frome Vs. The Awakening Essay

Is independence an intangible dream? Are people truly individuals, or merely products of their environment? Edith Wharton and Kate Chopin explore the question in Ethan Frome and The Awakening, in which the protagonists are led by outside forces to challenge societal conventions. Employing the use of characterization, symbolism, and metaphor, the authors demonstrate that attempting to do so can lead to one’s destruction. The main characters in Frome and Awakening fill necessary roles and share similar attributes. Ethan is described as a loner, quiet, and uncomfortable interacting with people in town, even with Mattie, the woman he loves. He cowers in the formidable presence of his bitter wife, unwilling to defend himself against her wrath. Similarly, Edna feels out of place in both the relaxed Creole environment and stiff Victorian society. In many instances, she does not even understand herself and can’t explain her behavior to family or friends. Both characters struggle to escape their surroundings. Ethan dreams desperately of leaving Starkfield behind for the West while Edna builds her own dream house in favor of the â€Å"gilded cage† in which her husband placed her. The â€Å"villainess† of Wharton’s novelette is Zenobia Frome, Ethan’s wife. She is characterized repeatedly as embittered, inscrutable, and sickly. Her marriage to Ethan is loveless and she prefers nursing her many illnesses than keeping the company of her husband. Leonce Pontellier is Edna’s controlling partner, intent on molding her into his ideal wife. He despairs over Edna’s abandonment of convention, the absence of proper adulation toward him and lack of motherly devotion. To Leonce, Edna is a possession, an expensive commodity â€Å"‘You are burnt beyond recognition,’ he added, looking at his wife as one looks at a valuable piece of personal property which has suffered some damage.† Mattie Silver in Frome and Robert Lebrun in Awakening play crucial roles in their respected stories. They are interlopers in unhappy marriages and possess all the qualities that Ethan and Edna long for. Mattie is the teasing, laughing cousin of Zeena. Her sparkling personality stands in sharp contrast against the Fromes’. She is associated with light and brings happiness into Ethan’s bleak world. Robert Lebrun is the flirtatious Creole Edna falls in love with. His appeal is his careless sensuality and his careful attention of Edna and her whims. Although neither relationship is consummated, Mattie and  Robert are symbols of life without constraint, of what could be if the chains of society were cast off. Symbolism is found in many every day occurrences and items within Ethan Frome and The Awakening. Edith Wharton’s use of snow and dreariness underlies the repeated symbol of death and decay. Most of the story takes place in the depths of winter, when life drains from plants and trees, when water stops flowing, and when living creatures hibernate. Even people, to escape winter, bury themselves inside small huts and houses. Although performing the basic functions of one alive, Zeena has cut herself off from the world. Figuratively, she is dead. After the smash-up, Mattie and Ethan entomb themselves with her in their small, meager shack. Another repetitive symbol is the color red. It constantly is in conjunction with Mattie; a ribbon in her hair, a scarf about her neck. â€Å"†Ã‚ ¦through her hair she had run a streak of crimson ribbon. This tribute†Ã‚ ¦transformed and glorified her. She seemed†Ã‚ ¦more womanly†Ã‚ ¦Ã¢â‚¬  The bold color often appears when Ethan is feeling particularly passionate about his love for Mattie. It is a signature of her vitality and youthful energy. The antique pickle dish of Zeena’s becomes an important symbol after it breaks. The fragile glass represents the Fromes shattered marriage, carelessly handled by Mattie. Ethan attempts to conceal the ruined dish by carefully placing the pieces next to each other, hiding it back on the shelf as if nothing is wrong. Zeena, with her discovery, places more value on a material object than on the relationships disintegrating around her. She mourns the destruction of an antique rather than her true loss: her marriage. Symbolism within The Awakening is a constant reminder of society. Madame AdÃÆ' ¨le Ratignolle is often described as the perfect society woman. She is beautiful, a loving mother, an adoring wife, and completely subservient to her husband’s opinion. Madame Ratignolle would do anything for her children. In contrast, Edna claims that she would sacrifice her life for her children, but she would not sacrifice herself for them. While AdÃÆ' ¨le is the symbol for ev erything Edna should strive to be, she also serves as a figure of what Edna hopes to break free of as the story progresses. The Awakening opens with a parrot shrieking in two different languages. It is explained that the parrot possesses knowledge of a little French â€Å"a little Spanish, and also a language which nobody understood.† The  parrot symbolizes Edna and her life; forever caged in a role that does not suit her strong willed character. She acts (or â€Å"sings†), in ways that bewilder her peers. When Mademoiselle Reisz put her arms around Edna and felt her shoulder blades to see if her â€Å"wings were strong† she said â€Å"the bird that would soar above the level plain of tradition and prejudice must have strong wings. It is a sad spectacle to see the weaklings bruised, exhausted, fluttering back to earth.† This serves emphasize the â€Å"caged bird† theme as well as foreshadow Edna’s eventual fate. The most important piece of symbolism is the sea. The water simultaneously draws and repels Edna; she fears it, yet is seduced by its’ hypnotic flow. Edna was unable to swim because she was afraid of abandoning herself to the sea. For her, learning to swim was a symbol of her sexual awakening and her desire to rebel against social conventions. She wants to swim â€Å"where no woman had swum before† but in her daring, swims further out than she intends and fear seizes her once again. Sledding is an activity in which the rider may submit to gravity and the elements, or steer to alter course. This winter sport serves as an extended metaphor in Ethan Frome. In agreeing with Mattie’s suicide plan, Ethan decides to steer and drive into the elm. As an endeavor fraught with danger, the sleigh ride serves as metaphorical sexual encounter. The structure is such that it imitates the intimate act. However, the end has unforeseeable and tragic consequences when the intended suicide goes wrong. Clothing during the Victorian era was restricting, binding: like cages. Throughout The Awakening Edna sheds more and more clothing through each scene, metaphorically removing herself little by little from society. In the beginning she is fully clothed but slowly trades the confining cloth for â€Å"simple muslin† dresses open at the throat, â€Å"light, commodious wrappers† and, finally, at the end, she stands naked upon the seashore. Rejected by Robert, who refuses to enter an affair with her, Edna enters the foaming waves to find liberation in suicide. Before the salty water closes over her, she spots a bird with a broken wing sinking into the surf. The bird symbolized Edna’s failure to achieve the goal that had driven her throughout the novel. Freedom in death is the only choice society will allow her to make. The inability to reconcile their desire for individual happiness to their need for social acceptance ultimately led Ethan and Edna to seek happiness through death, answering Edith Wharton and Kate Chopin’s question of whether people can disentangle themselves from the confining clutches of their environment. None can truly escape societal expectations. One is pressured to concede their individuality for conformity. Defiance leads to a life of ostracism and unhappiness.

The Ideas Of The Enlightenment, By Thomas Paine And The...

The ideas of the Enlightenment spread to the American colonies, profoundly influencing leaders of the Revolution to create a new structure of government. Enlightenment, as defined in Thomas Paine’s Common Sense, can be broadly defined is the movement towards reason and individualism rather than tradition. The text, by Thomas Paine, challenged the principles of liberty, equality, and justice. Thomas Paine was a revolutionary thinker who used Enlightenment ideology as a platform to persuade towards the founding of an independant America, and towards the founding of the Declaration of Independence. The Declaration of Independence, written by Thomas Jefferson and adopted by the Continental Congress, was the first attempt at putting†¦show more content†¦Then the more shame upon her conduct. Even brutes do not devour their young, nor savages make war upon their families† Paine makes the argument that many Americans are of British descent, but it is irrelevant. Additi onally, if the colonies had not been dependent on Britain, then they would no longer be enemies with countries that are enemies of Britain. Therefore, Pain argues, the condition of being Britain’s colony is what brought upon the need for protection in the first place. Paine begins to set out the details of what he sees as the proper form of government for America. He offers a way of choosing the congress and President and recommends the convening of a Continental Conference to produce a Continental Charter that will lay down certain laws for the union and ensure the protection of certain fundamental rights. Paine says that the law should reign sovereign in America, and that it is important that the most fundamental laws be inscribed in a constitution. â€Å"let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king . For as in absolute governments the king is law, so in free countries the law ought to b e king; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished and scattered among the people whose right it is. . . . â€Å" (7) Paine concludes that in the independentShow MoreRelatedClassical Liberalism And The Enlightenment1244 Words   |  5 PagesPaper #1: Classical Liberalism Classical liberalism is the transition from focusing on government to focusing on the rights of individuals. This transition came about during the time of the Enlightenment in the eighteenth century. The Enlightenment period was when man started to have more faith in his own reasoning. People began to look for evidence on their beliefs themselves and to find proof on these beliefs, so that they could come up with their own opinions on things. 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