335 lines
20 KiB
Plaintext
335 lines
20 KiB
Plaintext
Here's a short article excerpted from my upcoming book tentatively
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entitled "Communication in Peace and War" (Brooks-Cole, 1992).
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"Media Performance and International Law"
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by Howard H. Frederick, Ph.D.
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Events since the end of the Cold War have shown that the old order
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must be replaced with a new international order. But the world community
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must seize the time to create a its own new order to prevent the unipolar
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power from doing so. That new world order requires broad acceptance of the
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rule of law and should conform to the principles and purposes of only one
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institution: the United Nations and its Charter.
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A truly democratic "preferred" world order depends heavily on the
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global information channels. Communication media do not merely report
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violations and victories of human rights. There is also a growing
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realization that communication and information are central to human rights.
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What is worse, the media have often played a role in exacerbating tensions.
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Today the media face the challenge of how to bring about peace, build
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confidence among nations and strengthen international understanding.
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International communication and information law comprises those legal
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institutions, instruments and processes that govern communication among and
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between individuals, peoples, cultures, nations and technologies. It is
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found throughout the legal instruments on human rights, international
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security, telecommunications, postal service, outer space, intellectual
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property, trade and customs regulation, and culture and education. In this
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article we briefly sketch media norms on human rights and summarize the
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entire body of law in thirteen basic norms for media performance under
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international law.
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Oft-overlooked by the media themselves, a vast body of international
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law regulates what is increasingly being called "international information
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relations." Indeed, nations have obeyed the international law of
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communication and information for more than a century. Every time a new
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innovation in communication technology appears, international law arises to
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regulate it. Gutenberg's invention of the printing press led John Milton
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to call for a "right to freedom of expression." Morse's discovery of the
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telegraph led to the creation of the International Telegraph Convention.
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The development of wireless radio led quickly to the International Radio
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Telegraph Convention. The "radio wars" of the 1930s led to the famous
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<it>International Convention Concerning the Use of Broadcasting in the
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Cause of Peace<it>.
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One perplexing question comes to mind when we speak of the media. Can
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international law be applied to private media firms and individual
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communicators? States themselves are of course the subjects of
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international law; State-controlled or State-financed mass media (e.g.
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government broadcasting stations) are necessarily included here. Private
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media were traditionally not subjects of international law. But From
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Article 26 of the 1969 <it>Vienna Convention on the Law of Treaties<it>, we
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can deduce that States today have general obligations in the sphere of
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international law which they cannot evade by pointing to domestic laws.
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The manner in which international law is enforced on private media is a
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matter of a state's sovereign prerogative. If international law prohibits
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propaganda for war or racism, the State has an obligation to regulate the
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private media in this regard.
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One instance of a professional communicator being the subject of
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international law was the Nazi propagandist, Julius Streicher, editor of
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the anti-semitic newspaper <un>Der Stuermer<un>. He was accused of crimes
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against humanity under the 1945 <it>Charter of the International Military
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Tribunal<it>, the so-called Nuremberg Tribunal, which had the power to try
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and punish Axis soldiers who committed crimes against peace, war crimes,
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and crimes against humanity. The Nuremberg judges interpreted "crimes
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against humanity" to include propaganda and incitement to genocide. The
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Court determined that for more than twenty-five years Streicher had engaged
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in writing and preaching anti-Semitism and had called for the extermination
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of the Jewish people in 1938. Based on a content analysis of articles from
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<un>Der Stuermer<un>, the judges further determined that Streicher had
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aroused the German people to active persecution of the Jewish people. The
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International Military Tribunal found Streicher guilty and condemned him to
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death by hanging.
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________________________________________________
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MAJOR DOCUMENTS OF THE
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INTERNATIONAL LAW OF
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COMMUNICATION AND INFORMATION
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________________________________________________
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When we examine the Charter and the many instruments that constitute
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international communication and information law, we find thirteen basic
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principles on media performance.
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<bo>Communications media may not be used for war and aggression<bo>.
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The universally respected principle that prohibits the threat or use of
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force by one State against another forbids not only war of aggression but
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also propaganda for wars of aggression. This means that propaganda
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glorifying the threat or use of force in international relations is
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prohibited by law. States are forbidden from spreading warmongering
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content themselves, e.g. through government-owned and -operated
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international radio stations. They are also obligated to stop any war
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propaganda emanating from their territory by private groups.
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<bo>Communications media shall not be used to intervene in the
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internal affairs of another State<bo>. This principle forbids all forms of
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interference or attempted threats against a State or against its political,
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economic and cultural elements. This includes organizing, assisting,
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fomenting, financing, inciting or tolerating subversive information
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activities directed towards the overthrow of another state, or interfering
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in civil strife in another state. It also bans systemically undermining
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public support for the opponent's inner cohesion, gradually putting another
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country's state leadership in a state of uncertainly and discouragement,
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diminishing its ability to act under the pressure of a national public
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opinion undergoing a process of reorientation. This principle prohibits
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subversive foreign broadcasts which attempt to change another country's
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governing system or which try to foment discontent and incite unrest.
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<bo>All dissemination of ideas based on racial superiority or hatred,
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incitement to racial discrimination are punishable by law<bo>. This
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principle forbids the information activities of all organizations based on
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ideas or theories of superiority of one race or group of persons of one
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color or ethnic origin, or which attempt to justify or promote racial
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hatred, discrimination in any form. Binding international law prohibits
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all dissemination of these ideas as well as all organizations which promote
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and incite racial discrimination. It is a crime against humanity to
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directly abet, encourage or cooperate in the commission of racial
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discrimination.
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<bo>The direct and public incitement to destroy a national, ethnic,
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racial or religious group is punishable by law<bo>. This includes using
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the media to incite another person to destroy in whole or in part, a
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national, ethnic, racial or religious group. As the Nuremberg Tribunal set
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out, crimes against humanity include "murder, extermination, enslavement,
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deportation, and other inhuman acts performed against any civilian
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population prior to or during the war."
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<bo>States are obligated to modify the social and cultural practices,
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including information and communication activities, that are based on the
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inferiority or the superiority of either of the sexes and to eliminate any
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stereotyped concept of roles of men and women<bo>. These may mean changing
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media practices which advocate discrimination against women.
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<bo>Media should play a positive role in educating and enlightening
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the public toward peace.<bo> Through international law, media are
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repeatedly called on to promote a better knowledge of the conditions of
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life and the organization of peace. Media activities should incorporate
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contents compatible with the task of the preparation for life in peace.
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The mass media must contribute effectively to the strengthening of peace
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and international understanding and to the promotion of human rights.
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<bo>Peoples enjoy equal rights and self-determination in communication
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and information<bo>. All peoples have the right freely to pursue their
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chosen system of economic, social and cultural development. This includes
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the right to develop local information and communication infrastructures
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without the interference of external parties, to establish communication
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policies for the benefit of the people, and to participate in international
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information relations without discrimination.
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<bo>State enjoy sovereign equality in the communication and
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information infrastructures<bo>. Every state has an inalienable right to
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choose its political, social economic and cultural systems without
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interference in any form by another State. States enjoy the full rights of
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sovereignty and territorial integrity in the area of communication and
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information. From this we derive the principle of "information
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sovereignty," which includes: the right to a locally controlled
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communication infrastructure; the right to an indigenous communication
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policy; the right to participate as an equal in international information
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relations; the right to transmit non-belligerent foreign propaganda; the
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right to conclude bilateral or multilateral agreements in the area of
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communication and information; and the obligation to respect the
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information sovereignty of other States. Every national communication
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system has juridical expression through an "information authority,"
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especially in its constitutional, penal, civil, press, copyright, post and
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telecommunications laws.
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<bo>Disputes about communication and information must be settled
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peacefully<bo>. The principle that governments must settle their
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international disputes by peaceful means applies to the processes of
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international communication and information. Many international
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communications activities require advance coordination and, if conflict
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arises, peaceful resolution through negotiation. This principle implies
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that conflicts such as unwanted direct satellite broadcasting must be
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settled by negotiation. If a nation is aggrieved in an area of
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international information relations, it may call upon the violating nation
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to settle the dispute in a way that does not endanger international peace
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and security. This duty also implies that States must refrain from and
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prevent hostile and subversive ideological campaigns.
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<bo>Communication and information demand international
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cooperation<bo>. Despite their differences, States have a built-in
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incentive to cooperate in the field of international communication.
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International broadcasters need to coordinate their frequencies to avoid
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interference. New technologies such as transborder data flow and
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international satellite television cannot succeed technically without the
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willingness of States to work cooperatively toward mutually beneficial
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solutions. Future technologies cannot prosper without international
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cooperation in setting technical standards. Cooperation guarantees
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technical success and assures the sovereign equality of States.
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<bo>Good faith obligations require States to uphold international
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communication and information law<bo>. States must fulfill in good faith
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their obligations under recognized international law. States must be aware
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of such obligations and obligations to the United Nations Charter and
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cannot refrain from upholding them by pointing to national law. This
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applies in all areas of international law, including international
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communication and information law.
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<bo>Certain kinds of international information content are
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prohibited<bo>. There is an absolute ban on war propaganda. In addition,
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there are prohibition of communication content advocating hatred, acts of
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violence or hostility among peoples and races. Media may not advocate
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colonialism, nor may they be used in propaganda against international
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treaties. This includes all communication activities which attempts to
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prohibit or impede the fulfillment of in-force treaty obligations among
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States. In addition, the circulation of obscene publications is forbidden
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under binding international law.
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<bo>Certain kinds of information content are encouraged<bo>. To
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begin, the principle of free flow of information is prominent throughout
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international communication and information law. Everyone has the right to
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freedom of opinion and expression; this right includes freedom to hold
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opinions without interference and to seek, receive and impart information
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and ideas through any media and regardless of frontiers. Although this
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right is often abused by powerful countries, it is important to remember
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that this is one of the fundamental goals of international communication
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and information law.
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As we enter the 1990s, there is a growing realization that
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<bo>communication and information are central to human rights<bo>.
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Communication media do not merely defend human rights by reporting
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violations and victories. There is a growing perception that <it>the right
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to communicate<it> should be added to the Universal Declaration among the
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<it>basic human rights<it> cherished by all peoples. This new right
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transcends the right to receive information, as guaranteed in the Universal
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Declaration. Today, communication among nations must be a two-way process
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in which partners--both individual and collective--carry on a democratic
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and balanced dialogue and the mass media operate in the service of peace
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and international understanding.
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Just like their earthly counterparts, electronic highways require
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"rules of the road." Regulation is important and necessary for our highly
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congested communication thoroughfares. To carry this analogy one step
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further, rules prohibiting drunk drivers from our streets are not meant to
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limit freedom. They increase the freedom for the good drivers. In the
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same way, regulations against communications violating international norms
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are not meant to limit freedom to communicate. They are meant to
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strengthen the freedom for responsible communication. In our lifetimes,
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international law has grown immensely and is respected now more than ever.
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The evolutionary trend is apparent--and so is the work before us.
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APPENDIX I
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MAJOR DOCUMENTS OF THE
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INTERNATIONAL LAW OF
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COMMUNICATION AND INFORMATION
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U.S adherence to a binding treaty is indicated with the code
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US=SRE, where S=signed, R=ratified, E=entered into force US=NS
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means that the United States has not signed that particular
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instrument. US=S means that the United States has signed that
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treaty but not ratified it.
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1791 Bill of Rights, U.S Constitution
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1883/1967 Convention Revising the Paris Convention of March 20, 1883, as
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revised, for the Protection of Industrial Property <bo>US=SRE<bo>
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1884 Convention for the Protection of Submarine Cables <bo>US=SRE<bo>
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1886 Convention for the Protection of Literary and Artistic Works, Berne
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<bo>US=SRE<bo>
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1910 Agreement for the Suppression of the Circulation of Obscene Publica-
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tions and 1949 Protocol <bo>US=SRE <bo>
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1910 Convention Concerning Literary and Artistic Copyright <bo>US=SRE<bo>
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1923 International Convention for the Suppression of the Circulation of and
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Traffic in Obscene Publications <bo>US=NS<bo>
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1936 International Convention Concerning the Use of Broadcasting the Cause
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of Peace <bo>US=NS<bo>
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1945 Agreement for the Prosecution and Punishment of the Major War
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Criminals of the European Axis Powers and Charter of the International
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Military Tribunal <bo>US=SRE<bo>
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1945 Charter of the United Nations <bo>US=SRE<bo>
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1945 Constitution of the United Nations Educational, Scientific and
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Cultural Organizations <bo>US=WITHDRAWN <bo>1984
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1945 Statute of the International Court of Justice <bo>US=DENOUNCED
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<bo>1986
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1948 Convention on the Prevention and Punishment of the Crime of Genocide
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<bo>US=SRE<bo>
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1948 Universal Declaration of Human Rights
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1949 Agreement for Facilitating the International Circulation of Visual and
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Auditory Materials of an Educational, Scientific and Cultural
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Character, with protocol <bo>US=SRE <bo>
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1949 Conventions for the Protection of War Victims <bo>US=SRE<bo>
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1950 Agreement on the Importation of Educational, Scientific and Cultural
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Materials, with protocol <bo>US=SRE <bo>
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1950 [Western European] Convention for the Protection of Human Rights and
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Fundamental Freedoms <bo>US=NS<bo>
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1952 Convention on the International Right of Correction <bo>US=NS<bo>
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1952 Universal Copyright Convention as revised with two protocols annexed
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thereto <bo>US=SRE <bo>
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1958 Convention Concerning the Exchange of Official Publications and Gov-
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ernment Documents between States <bo>US=SRE <bo>
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1958 Convention Concerning the International Exchange of Publications
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<bo>US=SRE <bo>
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1960 Convention Against Discrimination in Education, and 1962 Protocol
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<bo>US=NS<bo>
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1961 International Convention for the Protection of Performers, Producers
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and Phonograms and Broadcasting Organizations (Rome Convention)
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<bo>US=NS <bo>
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1966 International Convention on the Elimination of All Forms of Racial
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Discrimination <bo>US=S <bo>
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1966 International Covenant on Civil and Political Rights, and Optional
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Protocol <bo>US=S <bo>
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1966 International Covenant on Economic, Social and Cultural Rights
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<bo>US=S <bo>
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1966 Optional Protocol to the 1966 International Covenant on Civil and
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Human Rights <bo>US=NS<bo>
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1967 Convention Establishing the World Intellectual Property Organization
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<bo>US=SRE <bo>
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1967 Treaty on Principles Governing the Activities of States in the Explo-
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ration and Use of Outer Space, including the Moon and other Celestial
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Bodies <bo>US=SRE<bo>
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1969 American Convention on Human Rights <bo>US=S<bo>
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1973 International Convention on the Suppression and Punishment of the
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Crime of Apartheid <bo>US=NS <bo>
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1974 Convention Relating to the Distribution of Programme-Carrying Signals
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Transmitted by Satellite <bo>US=SRE <bo>
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1978 Final Document of the Tenth Special Session of the General Assembly on
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Disarmament
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1978 Unesco "Declaration on the Fundamental Principles Concerning the
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Contribution of the Mass Media to Strengthening Peace and Internation-
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al Understanding, to the Promotion of Human Rights and to Countering
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Racialism, Apartheid and Incitement to War" (Mass Media Declaration)
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1979 Convention on the Elimination of All Forms of Discrimination Against
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Women <bo>US=S <bo>
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1982 Convention on the Law of the Sea <bo>US=NS<bo>
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1982 International Telecommunications Convention <bo>US=SRE <bo>
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1983 Declaration on the Condemnation of Nuclear War
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1984 Declaration on the Right of Peoples to Peace
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1984 Third Additional Protocol (Final Acts) to the Constitution of the
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Universal Postal Union of July 10, 1964, General Regulations with
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Annex, and the Universal Postal Convention with Final Protocol and
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Detailed Regulations <bo>US=SRE<bo>
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Downloaded From P-80 International Information Systems 304-744-2253
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