Fundamental and Technical Aspects Of The Law

 




Introduction


In this paper, the core focus of the would be to go deep into the fundamental and technical aspects of the law related to media that are regulating the media houses and their production in countries of Brazil and United Arab Emirates. After going deep into the study we have found that both the countries have vast exposure of media market and the number of media houses are also very large. However, it was also found that Brazil had a bit strict and orthodox culture for the media freedom, imposed by its legal bodies(Santos, 2012). However, other the other hand, it was found that in UAE media was more strong and powerful than that of Brazil, by the blessing of better and lenient rules imposed.

Media Law in Brazil


The vigorous and diverse media system of Brazil is regulated by the Country’s constitution that was imposed in 1988. Public’s right about the freedom of speech is also sheltered by the same law. However, it was 2006 in which the some modifications comes in law about the media.

Freedom of speech


This law not only restricted the media from freedom of express and defamation laws also went very odd. However, there come certain rulings from the lower courts of the country which held defamation as criminal act. Subsequently talking about the personalitycharacterized by the media houses has also remained controversial in the country as well which made the Got, to tighten the rules and regulation towards upper extreme ("The “Rancheros” of Mexico", 1996). However, there is a concentration of media power is with a company who owes not only the television stations but also newspaper magazines and cable network as well. Moreover, in county there is no type of restriction very any type of content available on net.

Investigative Journalism


However, Brazil is known to be the largest market for media and its media houses try to provide a versatile content. In Brazil the private media houses can foster the investigative journalism by law. But in year 2006, media houses and journalist faced many problems in reporting the true picture of these election to the general public which was negation of Article 5 and 220 of constitution. The facts of the issue were that when the presidency of Brazil tried to create some discrepancies in the election process in, and three journalist in pursuance of the detective reporting when tried to figure out the whole issue, were caught and retained by the police("Brazil | World news | The Guardian", 2016).

Individual privacy Right


Brazil has also experienced some events in which the individualprivacy rights were also demolished when the companies. It was found that the phone recording of an office of a newspaper were tapped. Although court has purgative to do that, but still the violation of the privacy act was there.

Defamation Laws


Defamation laws and their implementation in Brazil is alsovery strict in the country. There are number of cases presented in law courts in which judges held the Editors of Media groups as accused with crime in pursuance of intelligence journalism.

Media Protection


It has also been unfortunate that, although the country has number clauses regarding the protection of a person against the truth he speaks, still there is an issue in implementation of these rules and the media houses are unprotected from assassination. There are number of cases presented before the courts of law about the assassination of journalists, however, they all remained undecided.

Conclusion


After going through the facts and figures and statistics it can be concluded that the country of Brazil has some wonderful and remarkable rules and regulation in its constitution which assist the journalists to work proficiently in their field with freedom. It is not only the free that has been with the people of Brazil but also the journalist can practice the investigative reporting as well. However the main issue in the country is about the implementation of the laws.

Media Law is United Arab Emirates


The fact sheet depicts an interesting fact that, out of total journalists in UAE, there are only 10% of them who are local, while 90% of the journalists in different media houses are foreigner. Talking about the media regulations in UAE, it can be established that the rules and policies have been very moderate in the country as defined by its constitution(Aljenaibi, 2015). The law that regulates the media section in country was introduced in 1980, and in particulars the Law No 15 of UAE federation is related to Print Media and publication content.  Studies have concluded that the law of media on UAE are one of the strictest laws for the media houses in the whole Arab World. 

Prohibition to Criticize


According to the media laws in UAE, it citizens and the media houses are not allowed to criticize the Govt., the ruler and his family or any other official person(Butti Sultan Butti Ali Al-Muhairi, 1996). They cannot even criticize the friendly Govt. of UAE.

License Requirement


The law asks all the publishers, whether print or electronic media, to take the license from the Govt. before publishing any content(Kirat, 2005). Thus, if any publication would come by any journalist in the market before the license, they publisher may be subject to legal proceedings.

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Foreign Publisher


Not only the local publisher or the journalists have to take permission by the govt. before publishing or distributing any content, but also the foreign publish, if they want to publish any content in the country, are supposed to get permission n=by the govt.

High Media Council


UAE ruling family, however in 2006 took an initiative and dissolved the ministry of Information from the country and created another body for media regulation that was called by name of High Media Council. The initiative was perceived as good one for the freedom of speech. But unfortunately, this institution took the legacy from the ministry and continued the previous practices(Kirat, 2007). However, up till now, this is the institution responsible for regulating private and public media houses.

Dubai Media Free Zone


There is a geographical area in Dubai which is considered as a free zone for media. In this zone, foreign publishers can visited and promote any sort of content over there with an intent to be focused for the international audience. There is a free zone authority for Technology and Media which regulates the tulles and policy of this island. However, still the foreign publishers are not supposed to focus the local issues related to the UAE Govt. but they are to focus only on the international issues. However, if the foreignpublishers would cross their lines, they would be subject to the same penalties as the local publishers might face in case of lack of obedience of the law under 1980s’ laws.

 

 

Policy over broadcasting political dynamics


The publisher are supposed to refrain from the broadcasting, writing and publishing any sort of content that is related to the political, cultural aspects. Local journalist, in case of breach of the any law would be given threats and warnings. However the foreigner journalists, in the same case can be punished by termination of license even.

Governmental Influence hindering Freedom of Speech


It has been witnessed that most of the media houses, whether governmental or private are influenced by the govt. officials. They are not supposed to speak out anythingagainst it. This is the reason that UAE media is very concisions in its publications for pursuing the governmental cause all the time. Which ultimately add injury to the concept of Freedom of Speech in the country.

Internet suppression


Only 35% population has been enjoying the internet services in the country. However, the only internet service provider in the country in a government owned company. There are more than 57% websites that have been banned in the country not allowing the access to them to the internet user.

Brazil – UAE Media Laws


To some up the whole story and to find out the steam line difference between the publishing and broadcasting policies implemented in the country we can say that, Media Laws are bit lenient in Brazil than that of UAE. Else than that, there is a more freedom of speech in country for the people and media houses, however, UAE laws are stricterin this regard. However, the implementation of Media laws are not fully being implemented and the journals have been struggling a lot in pursuance of their right to speak freely.

Recommendations


Both the countries are far behind from the international standards that are followed by the international democratic countries. They are stills unable to implement the right of speech that has been given under the charter of U.N charter of human rights. Thus, it is recommended for UAE to create some flexibility in its rules and regulations to give freedom of speech. Likewise, it is required for the public sector of Brazil to ensure the true implementation of the rules given by its Constitution to the people.

 

 

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