Summary
This book is divided into three main parts. In the first part,
the author speaks about one important human right long neglected
in Slovenia: the right to obtain information. For more than a decade,
this right amounted to no more than a declaration in the 1991 Constitution
of the Republic of Slovenia without any possibility of being exercised
in practice, since a law that would regulate the content and the
method of exercising this right did not exist. The Human Right
Ombudsman's efforts over several years finally bore fruit, and
the law on Access to Information of A Public Nature was passed
in 2003. But this has not spelled an end to difficulties related
to the exercising of this important civil and political right.
We have so far taken just the first steps towards informing the
public about this right and the methods of its exercise. What still
has to be improved are the mechanisms actually enabling the exercise
of this right. Journalists, who ignored this law while it was in
the process of being drafted, discovered the new opportunities
it offered only after it came into force. Until then, they were
content with the deficient provisions in the Mass Media Act, which
prescribed shorter time limits but did not stipulate the administrative
procedure, nor did they provide for judicial protection of the
right to access information. For the media, which provide information
to the public, the new law on access to information will become
even more useful when the time limit for access to information
is shortened and a sufficiently effective and fast complaint procedure
is guaranteed.
The second part is dedicated to the right to privacy and the
mechanisms of its protection when it is invaded, unjustifiably
or disproportionately, by the media. Only recently has the
protection of this right received more emphasis in situations
in which it had to be weighed against the right to freedom
of expression. Proof are some decisions of the European Court
of Human Rights, particularly the judgment in the case of Princess
Caroline of Monaco. A special part of the right to privacy
in the wider sense of the word is the protection of personal
data that has been accorded special attention in the treaty
establishing a Constitution of Europe. In Slovenia, personal
data protection is neglected, in terms of both legal regulation
and protection mechanisms. From the principle according to which
everything in this field that is not explicitly allowed (by law)
is prohibited, we must move towards a more flexible legal arrangement
and supervision, which will enable the balancing of this right
against other legitimate rights, including the right to freedom
of expression and the right to access information.
In the third part, the author looks into the mechanisms of self-regulation
and self-control in the media. This chapter is also an attempt
to resuscitate the initiative to establish a press council in
Slovenia. There are many possible mechanisms for media accountability.
At the Journalism Days in Ankaran in 2004, Claude-Jean Bertrand
of the French Press Institute listed eighty of these, stressing
that the list was not complete. In this book, the author presents
in more detail only those models of media accountability that
are based on the principles close to the type of work the author
performs and with which he is most familiar: informal and extra
judicial (ombudsman) protection of the rights of individuals,
i.e. press council and media ombudsman. The former is a collective,
multipartite body which, in addition to the representatives of
journalists' associations, usually includes representatives of
civil society. A media ombudsman, on the other hand, is a monocratic
body, meaning that it is personified by the person fulfilling
that function and that it belongs in the group of so-called private
sector quasi ombudsmen. It is the author’s opinion that Slovenia
needs a press council as a body for self-regulation and self-control
that would also include representatives of the public. In contrast
to the existing Ethics Commission of the Association of Journalists,
such a press council would also deal with the conduct of the
media and not only with that of individual journalists. Until
now, various journalists' organizations, the association and
the union of journalists have opposed the establishment of such
a press council, albeit without convincing reason. Their fear
has been that politics could “sneak” into their work through
the representatives of civil society. The author thinks that
the prospects for the establishment of such a body in Slovenia
improved after the journalists' strike in the autumn of 2004,
provided that journalists realize that, despite all the tensions
between them and politics and media owners, they would be much
better off if they had the public as their ally.
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