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The Institute for the Study of the Judiciary, Politics, and the Media (IJPM) is a collaborative effort between Syracuse University's College of Law, Maxwell School of Citizenship and Public Affairs, and S.I. Newhouse School of Public Communications. IJPM is devoted to the interdisciplinary study of issues at the intersection of law, politics, and the media. The institute sponsors lectures, conferences, and symposia designed to foster discussion and debate between legal scholars, sitting judges, and working journalists. The institute provides research grants and seed money for scholars pursuing law-oriented projects that cut across traditional academic boundaries. The institute also oversees a cross-disciplinary graduate certificate program organized around a team-taught course offerings. To learn more about IJPM and its activities, please visit http://jpm.syr.edu/.


Table of Contents

Statutory Media Self-Regulation: Beneficial or Detrimental for Media Freedom?

Adeline Hulin, European University Institute

Burqa: Human Right or Human Wrong?

Farinaz Zamani, Monash University - Faculty of Law
Paula Gerber, Monash University - Faculty of Law

On Porn Censorship and Liberal Ethics in the UK. Brief Notes of the Audiovisual Media Services Regulations 2014

Guido Noto La Diega, Queen Mary University of London (Centre for Commercial Law Studies - Microsoft Cloud Computing Centre), University of Palermo, "Studio Legale Perrino & Associati" Law Firm

Richard Sherman, Rhetoric, and Racial Animus in the Rebirth of the Bogeyman Myth

Nick J. Sciullo, Georgia State University - Department of Communication

Media Trials in India

Arun Kumar Singh, Noida International University
Anil Kumar, Noida International University

'Rape Culture' Language and the News Media: Contested Versus Non-Contested Cases (Le Language De La Culture Du Viol Et Les Médias D’Information: Cas Non Contestés vs Cas Contestés)

April Cobos, Old Dominion University


LAW, POLITICS & THE MEDIA eJOURNAL
Sponsored by Institute for the Study of the Judiciary,
Politics, and the Media (IJPM) at Syracuse University

"Statutory Media Self-Regulation: Beneficial or Detrimental for Media Freedom?" Free Download
Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2014/127

ADELINE HULIN, European University Institute
Email:

In the wake of the British phone hacking scandal of the News of the World, which proved some limits to the model of media self-regulation, a growing number of experts have suggested a statutory recognition of this model by law to improve its performance. At first sight a statutory recognition seems an oxymoron, as the model of media self-regulation – a voluntary system of media regulation independent from public authorities – was originally developed by media professionals themselves to limit state interference in the field of media. Hence, the article explores how statutory recognition is compatible with the concept of media self-regulation. After clarifying the relationships between media regulation, self-regulation and media freedom, the article investigates whether statutory recognition is beneficial or detrimental for media freedom. To answer it, this article draws a distinction between democratic countries and countries in democratic transition. It is argued that statutory media self-regulation in non-democratic countries is problematic because of the risks of transforming self-regulation into a compulsory system controlled by political interests. In democratic countries, statutory media self-regulation can make this voluntary system more effective, for instance by limiting the number of media outlets that decide to abstain from it. However, when statutory recognition is used by state authorities not as a reward but as a punishment for media, it leans towards a two-speed protection of media professionals according to their respect for professional standards or a lack thereof, which is not compatible with the universal nature of freedom of expression.

"Burqa: Human Right or Human Wrong?" Free Download
(2014) 39(4) Alternative Law Journal 231

FARINAZ ZAMANI, Monash University - Faculty of Law
Email:
PAULA GERBER, Monash University - Faculty of Law
Email:

Muslim women are often the subject of intense media attention surrounding the wearing of the hijab, burqa and niqab. This is particularly true when there is an increased spotlight on the Islamic community because of perceived threats of terrorist attacks. A lot of the opinions expressed about women wearing these religious garments are based on misconceptions about the requirements of Shari’a law, or international human rights law, or both. This article examines how these different bodies of law view the wearing of all-covering body veils by women and whether dictating that women should, or should not, wear such garments is a breach of Islamic law and/or human rights laws.

"On Porn Censorship and Liberal Ethics in the UK. Brief Notes of the Audiovisual Media Services Regulations 2014" Free Download
Diritto Mercato Tecnologia, 2014

GUIDO NOTO LA DIEGA, Queen Mary University of London (Centre for Commercial Law Studies - Microsoft Cloud Computing Centre), University of Palermo, "Studio Legale Perrino & Associati" Law Firm
Email:

This article deals with the highly criticised Audiovisual Media Services Regulations 2014, which provides that now the British Board of Film Classification (BBFC) regulations apply also to the videos-on-demand (and not only to DVDs), thus narrowing the scope of lawful pornographic videos. It is an occasion to think of freedom and ethics in the liberal United Kingdom.

"Richard Sherman, Rhetoric, and Racial Animus in the Rebirth of the Bogeyman Myth" Free Download

NICK J. SCIULLO, Georgia State University - Department of Communication
Email:

I first analyze the context and content of the interview, setting the stage for a larger discussion of rhetoric, racial animus, and the myth of the bogeyman. Next, I consider the evolving rhetoric of black danger in law and media, situating the coverage of the Sherman interview in the larger discursive framework of racialized media. Then, I expand the discussion of racial animus in sports media to encompass the pernicious myth of the bogeyman, which has reared its ugly head in the creation of the Richard Sherman saga. Last, I analyze the myth of the bogeyman in history, paying particular attention to its coloration in German and Romanian myth, and a painting by Francisco Goya to consider the now racialized violence that exists by the construction of Richard Sherman as modern-day bogeyman. I do this because I think it important to create multi-model models of understanding racism in order to best critique it. This approach also compliments my belief in the value of rhetorical and interdisciplinary inquiry into law. Richard Sherman, as a relatively dark-skinned black man, embodies a long-standing fear of darkness, that often goes undiscussed in public culture. I conclude with suggestions for further research and suggestions for ways in which the media and law can cease constructing black danger and supporting anti-black racism.

"Media Trials in India" Free Download

ARUN KUMAR SINGH, Noida International University
Email:
ANIL KUMAR, Noida International University
Email:

Participative media is considered as the 'cornerstone' of our democracy. Media acts as facilitator along with being an expediter on many matters including those affecting the collective conscience of society. To cite a few, like Priyadarshini Mattoo case, Jessica Lal case and recently Tehelka case. Though media to a large extent plays irrefutably positivist role, role of media in media trials specifically of sexual offence is doubtful. Sensational journalism is a reality of Media industry, for the sake of TRP explicit details of the sexual offence are divulged in public domain which results in impinging of victim’s Right to privacy or unfair denunciation of an alleged assailant. In recent infamous Khurshid Anwar case, a news agency (India TV) labeled Mr. Anwar as rapist based on unsubstantiated victim’s account, which resulted in him committing suicide. This has led to debates of legal sanctity of report of media investigations in sub-judice matter. The principle of criminal trial -- "innocent till not proved guilty" -- must be understood by media, as premature judgments of guilt or innocence is denial of fair trial to accuse. The paper will explicate in detail benefits of this activist role of the media along with legal implications like intrusion of victim’s privacy, implication of verbatim re-production in public domain, denial of Right to a fair trial, conception of bias in public based on inadmissible evidence and interfering in judicial process by impacting the sentencing process.

"'Rape Culture' Language and the News Media: Contested Versus Non-Contested Cases (Le Language De La Culture Du Viol Et Les Médias D’Information: Cas Non Contestés vs Cas Contestés)" Free Download
COBOS, April, "Rape Culture" Language and the News Media: Contested Versus Non-Contested Cases, ESSACHESS Journa for Communication Studies, Vol. 7, No 2 (14), 2014.

APRIL COBOS, Old Dominion University
Email:

English Abstract: The American news media has recently reported on several rape and sexual assault cases in various cultural settings, sparking public conversations about rape culture in different cultural contexts. The article is focused as a Critical Discourse Analysis that compares the language use in news articles from The New York Times and The Wall Street Journal over a six months period in order to more clearly understand the way the news media uses language in regards to gender and sexual assault and creates a spectrum of valid versus contested reports of sexual assault in different cultural settings.

French Abstract: Les médias d’information américains ont récemment raporté plusieurs cas de viols et d’agressions sexuelles dans divers contextes culturels, suscitant des discussions publiques sur « la culture du viol ». L’article se focalise sur une analyse critique du discours comparant le langage utilisé dans les articles de presse du New York Times et Wall Street Journal sur une période de six mois afin de mieux comprendre la façon dont les médias d’information utilisent le langage lié au sexe et aux agression sexuelles, et comment ils créent des affaires d’agression sexuelles non-contestées et contestées dans differents contextes culturels.

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About this eJournal

Sponsored by: Institute for the Study of the Judiciary, Politics, and the Media (IJPM) at Syracuse University.


Legal systems operate in a complex environment of principle, political pressure, and media coverage. The goal of the Law, Politics, and the Media subject eJournal is to distribute abstracts of working papers and articles that promote a more integrated understanding of law, courts, and their environment. To this end, the eJournal seeks scholarship that addresses any combination of legal, political, and media-related themes in the analysis of legal institutions, beliefs, and practices. The eJournal is open to work from the social sciences, the humanities, and the legal academy. Papers and articles that focus on the United States, as well as scholarship that is comparative or international in scope, are welcome.

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

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If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

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Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Law, Politics & the Media eJournal

LYLE DENNISTON
Reporter, SCOTUSblog

CHARLES G. GEYH
John F. Kimberling Professor of Law, Indiana University School of Law-Bloomington

TONY MAURO
Supreme Court Correspondent, Legal Times/Incisive Media

MICHAEL MCCANN
Gordon Hirabayashi Professor for Advancement of Citizenship; Director, Comparative Law and Society Studies (CLASS) Center, University of Washington - Department of Political Science

AUSTIN SARAT
William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College