Human Right, Communication Right and the Press Freedom

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1 * Human Right, Communication Right and the Press Freedom Chien-San Feng Abstract Article 19 of the Universal Human Rights Declaration implies two communication rights. The negative one indicates a situation where individuals or media can freely communicate to others without constraints, while the positive one concerns itself in the main with amounts of communication resources and their distribution among individuals and their collective representatives. For its historical context, negative right has been drawing much more attentions and since the mid-1990s there has witnessed a growing discontent with such rights being irresponsibly wielded by the media. This paper argues that, to alleviate such anxieties, conception of positive communication right need promoting so that the state plays an empowering role and intervenes to make the media market work more efficiently. The author concludes with a low-key proposal of establishing a public TV group that was initially put forward by the incumbent President Shui-bian Chen before taking office. keywords article 19, negative freedom, positive freedom, press freedom, communication right, communication policy, public television. * Professor of NCCU Department of Journalism

2 c Huang, Peter < > WTO Google 1998 < > tc. formosa.org/magazine/tcm-22/22-10.html Hamelink 1994 Media and Development 44 4 Language and the right to communicate :

3 representation :66 Article 19,1988 Seaton and Curran/ ,1999 Alderman and Kennedy, , Nordhaus,1999;Vreg,1996 Press Complaints Committee Jack 1987 Gordon Kaye Sunday Sport Naomi Campbell Formula One a pressing public need to know Economist,.11.10:54-5;.3.9:56 Guardian:.3.11, :10 Campbell Article 19, Article 19 Enron opendemocracy.net James Curran

4 Wallerstein,1995/,:27-8,263 ( 4) Thomas, knowledge gap Platform for Communication dual structure of Rights 11 cultural/media consumption 1969 Communication Rights in the Information media access to the digital divide 11 Unesco 1970 New World Information and Society Communication Order 13 Unesco,1982 Unesco Unesco Unesco American The Media Are Hamelink,1994: Murdock Garnham 1983a Tunstall,1977 Albert,1991,,1995 Hutton Europe and the US: chilly in the west, warmer in the east, Economist,.5.25: World Summit on Information Society, WSIS The Civil Society Plenary Coordinating Group 9 16 WSIS WSIS World Association of Christian Communication Pradip Thomas ( 9 25 )

5 15 Pierre Bourdieu, Alfred Marshall Manasian, Barbalet,1988/ Berlin,1969/ John Deway , 15 Economist,.8.18:18-20 Amnesty International, AI.8.16 Dakar mandate AI AI AI Centre For Economic and Social Rights Oxfam, Ford Foundation Carr Centre of Human Rights Policy Michael Ignatieff : Barbalet,1988/ [ ] 27-8,92-4,

6 John Keane 1998 sabre-toothed tigers Calabrese,:163-5 Fiss 1996 Horwitz,1991 Alberto Melucci 18 divided liberalism F.Hayek John Rawls p : E.Baker pp Jameson,1996 Calabrese and Burgelman,1999b Noam Chomsky Red Pepper Dreier,1982:120 Curran and Seaton Rawls Fiss Horwitz , ; b Sachs Economist Jeffrey

7 fund manager James Curran :41 :

8 A B C D X X 1997 XX XX XX E F 1999 X A.C.Nielson Pierre Bourdieu 1993 call-in call-in ( 8) audience commodity Jhally 1987/ 1992 Nielson

9 % ; Venturelli,1997:63 Sarikakis, 2000 Jacobson, d parity 28 purchasing power :

10 DVD Garnham 1983a social exclusion % Machet,1999: % Pedder, : empower % 1% % 1999: Garnham,1983b:17 Jhally,1987/1992: a Taipei Times < > < >

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12 Barbalet, J.M., Dreier, Peter, Capitalists vs. the media, Berlin, Isaiah, 1969 in Media Culture and Society,4(1: ), ?? Albert, Michael, lderman, Ellen and C. Kennedy, 1995 Article 19, Global Trends on the Right to Information : a survey of South Bourdieu, Pierre, 1998, Acts of Resistance, NY: New Press. Calabrese, Andrew, 1999, Welfare state, the information society and the ambivalence of social movement, in Calabrese and Burgelman, 1999a.pp Calabrese, Andrew and Jean-Claude Burgelman, Communication, Citizenship and Social Policy: rethinking the limits of welfare state (ed), Maryland: Rowman & Littlefield, 1999a. Calabrese, Andrew and Jean-Claude Burgelman, Introduction, in Calabrese and Burgelman, 1999a,pp Curran, James, Concentration: shifting the argument, ment_details.asp?catid=5&docid=1428& DebateID=210. Curran, James and Jean Seaton, Power Without Responsibility: the press and Fiss, Owen M., Liberalism Divided: freedom of speech and the many uses of state power, Boulder: Westview,1996. Garnham, Nicholas, `Toward a theory of cultural materialism, in Journal of Communication, spring: , 1983a. Garnham, Nicholas, Public service vs the market, Screen, 24(1), 1983b. Garnham, Nicholas, Amartya Sen s capabilities approach to the evaluation of welfare:its application to communications, in Calabrese and Burgelman, pp ,1999. Hamelink, Cees J., The Politics of World Communication: a human rights perspective, London: Sage,1994. Hamelink, Cees J. Language and the right to communicate, Media Development, 44(4:14-7).Horwitz, R.B,1999. Hamelink, Cees J. `The First Amendment meets some new technologies, Theory and Society, 20:21-72, Asia broadcasting in Britain, Huang, Peter, The paradox of Taiwan s human rights conditions,

13 1 2 Hutton, Will, The World We re in, London: Little & Brown,. Jacobson, Thomas L., Discourse ethics and the right to communicate, Gazette,60 (5: ),1998. Jameson, F., Five theses on actually existing Marxism, Monthly Review,April:1-10,1996. Jhally, Sut, Lewis, Anthony, Machet, Emmanuelle, A Decade of EU Broadcasting Regulation: the direcitve Television Without Frontiers, Dusseldolf: European Institute for the Media,1999. Manasian, David, The World is Watching : a survey of human-rights law, Economist, special survey, December 5, Media Development, Language and the Right to Communicate Murdock, Graham, A review essay of Banjamin M.Compaine(ed.),, The Digital Divide: facing a crisis or creating a myth? Cambridge,MA:MIP Press ;Pippa Norris,,Digital Divide: civil engagement, information poverty, and the internet worldwide, Cambridge University Press; Anthony Wilhelm,, Democracy in the Digital Age: challenges to political life in cyberspace, NY and London: Routledge, European Journal of Communication,17(3:385-90). Nordhaus, Jamie E., Celebrities rights to privacy:how far should the paparazzi be allowed to go?, Journal of Litigation, 18(2: ),1999. Pedder, Sophie, Power in your hand: a survey of television, April 13, Economist,. Sarikakis, Katharine., Citizenship and media policy in the semi-periphery: the Greek case, the Cyprus Review, 12,2(fall: ),2000. Thomas, Pradip N. (ed), Refugees and Their Right to Communicate: perspectives from South East Asia, London:WACC,. Tunstall, Jemery, The Media are American, London:Constable,1977. Unesco, The Right to Communicate: a status report, Unseco Report,1982. Venturelli, Shalini, cultural rights and world trade agreements in the information society,gazette 60 (1:47-76),1998. Vreg, France. The contemporary media dilemma:where are the boundaries between privacy and the right to information?, Teorija in Praksa,33(3: ),1996. Wallerstein, Immanuel,

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