Page 149 - 4188
P. 149

147

                  of prior restraint whereby publications must be submitted to censors for
                  clearance before being distributed can never be justified for the media,
                  and have for some time now been unknown among democracies.
                         The  position  in  international  law  can  be  summarized  as  follows:

                  Although the right to freedom of expression does not require an absolute
                  ban  on prior  censorship, this  should  be  a  highly  exceptional  measure,
                  taken only when a publication threatens grave harm, such as loss of life

                  or serious harm to health, safety or the environment. An article deemed
                  defamatory, blasphemous, obscene or overly critical of the government
                  would rarely if ever meet this threshold. Moreover, a system  whereby
                  media content must be officially cleared before it can be released would

                  be  unacceptable;  its  harm  to  freedom  of  expression  would  plainly  far
                  outweigh the benefit to its goals.


                      ASSIGNMENTS
                  1.  Is censorship necessary and how far should it go?
                  2.  Why  is  it  often  prudent  to  permit  some  abuse  of  freedom  of

                      expression in order to ensure that legitimate use of the right is not
                      discouraged?
                  3.  What was one of the main arguments advanced against licensing of

                      journalists and publications?
                  4.  Should the authorities only impose sanctions after publication, where
                      justified,  or  should  they,  in  appropriate  circumstances,  be  able  to
                      prevent its release?

                  5.  Why does the American Convention on Human Rights prohibit prior
                      censorship altogether?
                  6.  What does prior censorship pose?

                  7.  Does the right to freedom of expression require an absolute ban on
                      prior censorship?
                  8.  What  are  the  methods used  to directly  censor  and  suppress  people
                      and their ideas?

                  9.  Describe the main criteria of censorship.
                  10.  Summarize the text.
   144   145   146   147   148   149   150   151   152   153   154