Mass Media and the Freedom of Speech

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Mass Media and the Freedom of Speech

Paper Outline

1. Introduction
2. Thesis:

Although provisions guarantee protection for free speech, all individuals and institutions must fulfil legal responsibilities while enjoying these rights. Controls on free speech regulate public incitement, false statements, obscenity, child pornography, plagiarism, commercial advertisements, and terrorism.

• Definition and meaning of mass media.
  1. Traditional forms of mass media encompass television, radio, and newspapers.
  2. Modern media forms include the use of cell phones, pagers, and the internet.

1. Legal provisions for mass media and the freedom of speech.
   1. All individuals and institutions enjoy the freedom of speech.
   2. Federal and state governments must provide for these freedoms.
   3. The law provides equal protection to all speakers giving information on religion, science and morality, and conventional expressions.
2. Limitations of the freedom of speech.
   1. Incitement and false statements.
   2. Obscenity and child pornography.
   3. Plagiarism and Commercial advertisements.
3. Conclusion

Mass Media and the Freedom of Speech

Introduction

Although references to elements of freedom of speech for the mass media and the press were made as early as 1770, not much had been achieved then. Most institutions advocating for this freedom had noble intentions for the general public. A clear demonstration of this can be drawn from the case of the First Continental Congress of 1774 where lawmakers considered freedom of the press as fundamental and relevant to the wellbeing of the society. Although not clearly defined, the roles of the mass media were established as advancing necessary information about common truth, morality, science, and artistic approaches of life (Biagi 29). It was believed that it would ensure the disgracing of oppressive regimes. It would also coerce and pressurize immoral and corrupt authorities into conforming to morally accepted standards. However, most states proceeded to oppress journalists for centuries. Today’s position for mass media and the freedom of speech comes with numerous responsibilities for the state and the press. Although provisions guarantee protection for free speech, all individuals and institutions must fulfil legal responsibilities while enjoying these rights. Controls on free speech regulate public incitement, false statements, obscenity, child pornography, plagiarism, commercial advertisements, and terrorism.

Definition and Meaning of Mass Media

The phrase ‘Mass Media’ refers to any form of communication with the ability to disseminate information to large numbers of individuals within short periods of time. Traditionally, it described media forms like television, radio, and newspapers. However, modern day considerations include the internet, mass use of short message services (SMS) through mobile phones, and other gadgets like pagers. The internet, it has developed as the quickest and most efficient channel for distributing information. Forms of internet communication encompass the use of websites, emails, and blog pages in advertisements and communication. Further, the application of virtual communities like Facebook.com, Twitter.com, Tagged.com, and Person.com has proved effective in making information reach millions of people within short durations. As explained by Smolla, the internet is so powerful in disseminating information that even traditional forms of media have incorporated its support in their approaches (122). Almost all radio stations and television companies have links through which internet based access and streaming can be done.

Legal provisions for Mass Media and the Freedom of Speech

Currently, the mass media enjoys freedom and protection in relation to speech. However, as explained by Klimkiewicz, most of these achievements developed from experiences over centuries (103). The Declaration of Human rights, different state constitutions, and various bills provide certain freedoms of speech for the mass media and independent individuals.

All individuals, institutions of the press, owners of property, religious groups, learning institutions, and property owners have unrestricted rights to make statements in the press. Although governmental control may be applied, such regulation cannot be to the extent of restricting basic functionality (Reta 211). On the other hand, all governmental institutions are under obligation to comply with the free speech guarantee rules for the public and other institutions.

Such legal provisions affect federal and state governments as well as different organs of governments like civil courts, libel courts, and local authorities (Smolla 147). Clauses in the Declaration of Human rights and constitutional establishments allow free speech and free press for all speakers, commentators, and writers with the intention of delivering information to the masses. This is whether they are within the confines of mass media institutions or not. Extendedly, freedom of speech allows expressive behaviour and conduct as means of communication. The common use of flags, wearing of branded clothes, creation of armbands, and burning of materials associated with ideas or groups in legal demonstrations indicate this extent of authorization.

Finally, freedom of speech allows political, religious, and scientific uses for the extension of social gains and ethical campaigns. Information deemed to benefit individuals in relation to any of these facets can be freely distributed. However, all these provisions have regulatory limits that ensure individuals exercising their freedoms do not affect the liberties of others (Smolla 169).

Limitations of the Freedom of Speech

Owing to the important roles attached to freedom of speech and the fact that it can possibly be misused, a number of restrictions, controls, and exceptions are attached to the use of this freedom by the mass media and individuals. Any speech or action delivered by an individual with the intention of persuading others into committing unlawful acts if referred to as incitement and is prohibited (Parenti 44). Similarly, information that is intentionally published to spread falsehood is punishable by law. To this extent, this restriction controls cases of propaganda, character assassination, and smear campaigns. It also includes categories of unverified information with no authenticated source and factual backgrounds. Even in cases where accidental false publications occur, individuals responsible may still be subjected to penalties (Parenti 48).

Although separate, the elements of obscenity and child pornography have linking foundations. Other than the inclusion of children in the latter, morbidity, shame, and explicitness occur in both. Any individual who intentionally shows adult pornography to the public where unauthorised, or to children remains liable for prosecution in relation to the same. In a similar way, an individual who uses children in the production of pornographic movies or other content is also liable for prosecution (Klimkiewicz 85).

Further, restrictions of speech control the way individuals or companies make business advertisements. All advertisers must reveal factual information about their products, state their side effects, reveal their contents, and be truthful about the information. This educates and protects the public (Biagi 38). Freedom of speech is also limited in relation to plagiarism. Individuals or institutions can only publish original information or ensure that they give references to the sources of their information in case when they borrow from other authors. Finally, the use of mass media and freedom of speech to deliver threats and aid terrorism is also prohibited by the law. Individuals and institutions found doing the same get prosecuted (Parenti 78).

Conclusion

Ensuring freedom of speech for the press guarantees checks on the government and other institutions. Individuals and media groups can use radio, television, newspapers, cell phone technology, and the internet to disseminate information about politics, morality, science, religion and other societal concerns. Although this freedom is guaranteed and protected, a number of restrictions have been established to ensure it functions well. These govern content related to terrorist activities, commercial advertisements, falsehood, incitement, obscenity, and child pornography.

Works Cited

Biagi, Shirley. Media/Impact: An Introduction to Mass Media. Belmont, California: Wadsworth Publishing Company, 2001. Print.

Klimkiewicz, Beata. Media Freedom and Pluralism: Media Policy Challenges in the Enlarged Europe. Budapest, Hungary: Central European University Press, 2010. Print.

Parenti, Michael. Inventing Reality: The Politics of the Mass Media. New York: St. Martin’s Press, 2003. Print.

Reta, Meseret. The Quest for Press Freedom: One Hundred Years of History of the Media in Ethiopia. , 2013. Print.

Smolla, Rodney. The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion. Durham, N.C: Carolina Academic Press, 2009. Print.