The rapid change of the culture of communication constantly poses new threats for the right to privacy. These do not only emanate from States, but also from private actors. The global network of digital information has turned the protection of privacy since a long time into an international challenge. In this arena, national legal systems and their underlying common values collide. This collection convenes contributions from European, Australian and US experts. They take on the challenge of providing an intercontinental analysis of the issue and answer the question how the right to privacy could be defended in future.
Legitimating Television: Media Convergence and Cultural Status explores how and why television is gaining a new level of cultural respectability in the 21st century. Once looked down upon as a "plug-in drug" offering little redeeming social or artistic value, television is now said to be in a creative renaissance, with critics hailing the rise of Quality series such as Mad Men and 30 Rock. Likewise, DVDs and DVRs, web video, HDTV, and mobile devices have shifted the longstanding conception of television as a household appliance toward a new understanding of TV as a sophisticated, high-tech gadget. Newman and Levine argue that television’s growing prestige emerges alongside the convergence of media at technological, industrial, and experiential levels. Television is permitted to rise in respectability once it is connected to more highly valued media and audiences. Legitimation works by denigrating "ordinary" television associated with the past, distancing the television of the present from the feminized and mass audiences assumed to be inherent to the "old" TV. It is no coincidence that the most validated programming and technologies of the convergence era are associated with a more privileged viewership. The legitimation of television articulates the medium with the masculine over the feminine, the elite over the mass, reinforcing cultural hierarchies that have long perpetuated inequalities of gender and class. Legitimating Television urges readers to move beyond the question of taste—whether TV is "good" or "bad"—and to focus instead on the cultural, political, and economic issues at stake in television’s transformation in the digital age.
Journalism is under ever-increasing pressure, due in large part to the phenomenon of media convergence. Not only does media convergence redefine the tasks of journalists and newsrooms, it also re-shapes the business environments of media companies. In this book, international media practitioners and researchers describe and analyze the relationships between media convergence and advertising, public relations, social media and other areas of communication posing a challenge to journalism.
Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.
Internet governance is a simple term without a simple definition. In the name of Internet sovereignty, nations have begun to implement various regulations to control the flow of information within or across their virtual territorial boundaries. The unique interconnected and multilateral characteristics of the Internet renders it impossible for one nation alone to provide adequate solutions to managing the Internet. The author argues that many of the issues related to Internet governance should be allocated to international institutions and a nation's sovereign power over the Internet should be bounded by its commitments and responsibilities under international law. In the absence of a coherent regulatory framework, this book examines whether the existing international legal systems are sufficiently generic to accommodate the challenges brought about by technological developments.
Media convergence is often propounded as inevitable and ongoing. Yet much of the governance of the media sector’s key parts has developed along discrete evolutionary paths, mostly incremental in character. This volume breaks new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. It shows how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far.
Due to rapid developments in the communication sector, the right to privacy faces new challenges. The increasing digitization and internationalization of communication processes have raised a number of issues, and lead to conflicts wherever national legal systems and moral concepts collide. Particularly in the areas of data protection and liability of online service providers, universal approaches are required. This title presents positions of specialists in Europe, Australia, the US and Canada which contribute to the international dialogue and thereby offer a starting point for a sustainable policy for the protection of privacy rights
Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.
In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.
"Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key to examine culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction"--
