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MEDIALAW.TXT
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1994-07-17
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Here's a short article excerpted from my upcoming book tentatively
entitled "Communication in Peace and War" (Brooks-Cole, 1992).
"Media Performance and International Law"
by Howard H. Frederick, Ph.D.
Events since the end of the Cold War have shown that the old order
must be replaced with a new international order. But the world community
must seize the time to create a its own new order to prevent the unipolar
power from doing so. That new world order requires broad acceptance of the
rule of law and should conform to the principles and purposes of only one
institution: the United Nations and its Charter.
A truly democratic "preferred" world order depends heavily on the
global information channels. Communication media do not merely report
violations and victories of human rights. There is also a growing
realization that communication and information are central to human rights.
What is worse, the media have often played a role in exacerbating tensions.
Today the media face the challenge of how to bring about peace, build
confidence among nations and strengthen international understanding.
International communication and information law comprises those legal
institutions, instruments and processes that govern communication among and
between individuals, peoples, cultures, nations and technologies. It is
found throughout the legal instruments on human rights, international
security, telecommunications, postal service, outer space, intellectual
property, trade and customs regulation, and culture and education. In this
article we briefly sketch media norms on human rights and summarize the
entire body of law in thirteen basic norms for media performance under
international law.
Oft-overlooked by the media themselves, a vast body of international
law regulates what is increasingly being called "international information
relations." Indeed, nations have obeyed the international law of
communication and information for more than a century. Every time a new
innovation in communication technology appears, international law arises to
regulate it. Gutenberg's invention of the printing press led John Milton
to call for a "right to freedom of expression." Morse's discovery of the
telegraph led to the creation of the International Telegraph Convention.
The development of wireless radio led quickly to the International Radio
Telegraph Convention. The "radio wars" of the 1930s led to the famous
<it>International Convention Concerning the Use of Broadcasting in the
Cause of Peace<it>.
One perplexing question comes to mind when we speak of the media. Can
international law be applied to private media firms and individual
communicators? States themselves are of course the subjects of
international law; State-controlled or State-financed mass media (e.g.
government broadcasting stations) are necessarily included here. Private
media were traditionally not subjects of international law. But From
Article 26 of the 1969 <it>Vienna Convention on the Law of Treaties<it>, we
can deduce that States today have general obligations in the sphere of
international law which they cannot evade by pointing to domestic laws.
The manner in which international law is enforced on private media is a
matter of a state's sovereign prerogative. If international law prohibits
propaganda for war or racism, the State has an obligation to regulate the
private media in this regard.
One instance of a professional communicator being the subject of
international law was the Nazi propagandist, Julius Streicher, editor of
the anti-semitic newspaper <un>Der Stuermer<un>. He was accused of crimes
against humanity under the 1945 <it>Charter of the International Military
Tribunal<it>, the so-called Nuremberg Tribunal, which had the power to try
and punish Axis soldiers who committed crimes against peace, war crimes,
and crimes against humanity. The Nuremberg judges interpreted "crimes
against humanity" to include propaganda and incitement to genocide. The
Court determined that for more than twenty-five years Streicher had engaged
in writing and preaching anti-Semitism and had called for the extermination
of the Jewish people in 1938. Based on a content analysis of articles from
<un>Der Stuermer<un>, the judges further determined that Streicher had
aroused the German people to active persecution of the Jewish people. The
International Military Tribunal found Streicher guilty and condemned him to
death by hanging.
________________________________________________
MAJOR DOCUMENTS OF THE
INTERNATIONAL LAW OF
COMMUNICATION AND INFORMATION
________________________________________________
When we examine the Charter and the many instruments that constitute
international communication and information law, we find thirteen basic
principles on media performance.
<bo>Communications media may not be used for war and aggression<bo>.
The universally respected principle that prohibits the threat or use of
force by one State against another forbids not only war of aggression but
also propaganda for wars of aggression. This means that propaganda
glorifying the threat or use of force in international relations is
prohibited by law. States are forbidden from spreading warmongering
content themselves, e.g. through government-owned and -operated
international radio stations. They are also obligated to stop any war
propaganda emanating from their territory by private groups.
<bo>Communications media shall not be used to intervene in the
internal affairs of another State<bo>. This principle forbids all forms of
interference or attempted threats against a State or against its political,
economic and cultural elements. This includes organizing, assisting,
fomenting, financing, inciting or tolerating subversive information
activities directed towards the overthrow of another state, or interfering
in civil strife in another state. It also bans systemically undermining
public support for the opponent's inner cohesion, gradually putting another
country's state leadership in a state of uncertainly and discouragement,
diminishing its ability to act under the pressure of a national public
opinion undergoing a process of reorientation. This principle prohibits
subversive foreign broadcasts which attempt to change another country's
governing system or which try to foment discontent and incite unrest.
<bo>All dissemination of ideas based on racial superiority or hatred,
incitement to racial discrimination are punishable by law<bo>. This
principle forbids the information activities of all organizations based on
ideas or theories of superiority of one race or group of persons of one
color or ethnic origin, or which attempt to justify or promote racial
hatred, discrimination in any form. Binding international law prohibits
all dissemination of these ideas as well as all organizations which promote
and incite racial discrimination. It is a crime against humanity to
directly abet, encourage or cooperate in the commission of racial
discrimination.
<bo>The direct and public incitement to destroy a national, ethnic,
racial or religious group is punishable by law<bo>. This includes using
the media to incite another person to destroy in whole or in part, a
national, ethnic, racial or religious group. As the Nuremberg Tribunal set
out, crimes against humanity include "murder, extermination, enslavement,
deportation, and other inhuman acts performed against any civilian
population prior to or during the war."
<bo>States are obligated to modify the social and cultural practices,
including information and communication activities, that are based on the
inferiority or the superiority of either of the sexes and to eliminate any
stereotyped concept of roles of men