Objectivity and impartiality in electronic media. ĽuboŠ Kukliš
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1 Objectivity and impartiality in electronic media ĽuboŠ Kukliš
2 Media plurality Objectivity rules application (SK) future
3 Media plurality Objectivity rules (what) application (SK) (how) future (why)
4 Media plurality Objectivity rules application (SK) future
5 Media plurality External Internal Market Plurality ownership concentration Competition
6 Media plurality External Internal Market Plurality ownership concentration Competition Plurality within media Editorial freedom Impartiality objectivity
7 Media plurality External Internal Market Plurality ownership concentration Competition Plurality within media Editorial freedom Impartiality objectivity objectivity
8 Media plurality Objectivity rules application (SK) future
9 Objectivity rules EU CoE
10 Objectivity rules EU CoE
11 Objectivity rules EU CoE European convention on transfrontier television
12 Objectivity rules EU CoE European convention on transfrontier television ART. 7/3 The broadcaster shall ensure that news fairly presents facts and events and encourages the free formation of opinions
13 Objectivity rules EU CoE European convention on transfrontier television ART. 7/3 The broadcaster shall ensure that news fairly presents facts and events and encourages the free formation of opinions
14 Objectivity in legislation In the EU MS Objectivity rules
15 Objectivity in legislation In the EU MS Objectivity rules
16 Objectivity in legislation In the EU MS Objectivity rules
17 Objectivity rules Material formal UK IRL CZ Sk
18 Objectivity rules Material formal Creation of programs aired content Only Facts Presentation of facts
19 Media plurality Objectivity rules application (SK) future
20 application (SK) Broadcasting law 16 / 3 B Broadcaster shall ensure objectivity and impartiality of news programmes and political affairs programmes; opinions and evaluating commentaries must be separated from information of a news character
21 application (SK) Broadcasting law 16 / 3 B Broadcaster shall ensure objectivity and impartiality of news programmes and political affairs programmes; opinions and evaluating commentaries must be separated from information of a news character
22 application (SK) Broadcasting law 16 / 3 B Broadcaster shall ensure objectivity and impartiality of news programmes and political affairs programmes; opinions and evaluating commentaries must be separated from information of a news character
23 application (SK) Formal principles Only the aired content is examined Truthfulness is not scrutinised No quality evaluation Program as a whole, not it s parts No financial sanction
24 application (SK) Content principles Relevance transparency accuracy pragmatism balance diversity actuality intelligibility position of distance and neutrality impartiality
25 application (SK) method Proportionality test
26 Proportionality test The greater the degree of detriment to one principle, the greater must be the satisfaction of the other
27 Proportionality test The greater the degree of detriment to one principle, the greater must be the satisfaction of the other In other words There must be relevant reasons for deviation from objectivity principles
28 Proportionality test The greater the degree of detriment to one principle, the greater must be the satisfaction of the other satisfaction detriment
29 Proportionality test The greater the degree of detriment to one principle, the greater must be the satisfaction of the other actuality (Public interest on publication) Deviation from Accuracy
30 application (SK) Rules Information On controversial Themes Give floor to parties in dispute At least by proxy If not available, explain the reasons Include the Sources to the statements Without evaluative commentary
31 Media plurality Objectivity rules application (SK) future
32 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information
33 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information right to information covers also right to false information
34 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed
35 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed Boundless plurality of sources of information
36 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information?
37 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information RIGHT TO INFORMATION Right to be lied to?
38 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information? RIGHT TO INFORMATION Right to being lied to Objectivity increases not decreases - informedness
39 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information? RIGHT TO INFORMATION Right to being lied to Right to information Media freedom
40 future Slovak Constitutional court case ii. Ús 307/2014 Right to objective information cannot be deduced from right to information RIGHT TO INFORMATION Right to be lied to? Objectivity increases not decreases - informedness ECTT + ECHR case law (SIGMA)
41 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed?
42 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed If the goal is plurality of sources?
43 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed If the goal is plurality of sources? if the goal is functional public sphere
44 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed If the goal is plurality of sources? functional public sphere Scarcity of sources Boundlessness of sources
45 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed? Filter bubbles Fake news opinion polarisation
46 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed Empirical questions?
47 future Slovak Constitutional court case ii. Ús 307/2014 Objectivity rules are no longer needed? Empirical questions Viewer Ratings Media Credibility Effectivity of the rules
48 future Objectivity rules risks Risk of ABUSE Legal uncertainty Undue Limits to the spreading of information Negative economic impacts on media
49 future solutions Regulatory independence Legal uncertainty Undue Limits to the spreading of information Negative economic impacts on media
50 future solutions Regulatory independence Legal uncertainty Co/SELf-REg Undue Limits to the spreading of information Negative economic impacts on media
51 future solutions Regulatory independence Professionality and Formal approach Undue Limits to the spreading of information Negative economic impacts on media
52 future solutions Regulatory independence Professionality and Formal approach Only to a necessary degree Negative economic impacts on media
53 future solutions Regulatory independence Professionality and Formal approach Only to a necessary degree Sanctions aiming to inform the public
54 Future Before we declare the objectivity rules no longer necessary,...
55 future Before we declare the objectivity rules no longer necessary,......lets think about them some more.
56 future Before we declare the objectivity rules no longer necessary,......lets think about them some more. Thank you
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