Media Law of America

Media Law of America

• Suman Acharya 

No press is there except American press both theoretically and practically which has been exercising freedom of press more than any other nations across the world. This freedom is enshrined and guaranteed in 1^st Article out of Ten Amendable Article of Bill of Rights.  The first amendment of Federal Constitution has clearly given freedom of press as “Congress shall make no law abridging the freedom of speech or of the press……………” No law controlling the press freedom can be implemented in any governmental body, court or other places. However, no body is obliged to give their private information. People should get only publicly important information and couldn’t violate the law of privacy too. No dictum, court order, bill and regulation can constrain freedom of press.

This constitutional guarantee is provided more security to print media than electronic media. In fact, electronic media are regulated by separate law and regulation. Federal Communication Commission has the authority to regulate the ownership, responsibility and news sources of broadcasting media.

America is the federal country with 50 states. There is separate constitution made by each state government which has given more or less constitutional guarantee according to their necessary and tradition. However, no press can disseminate news and information relating to state offence, obscene publication, defamatory information, affecting national security. This constitution doesn’t give security to those which cover publicly provoking speech or any other press material.

1. No obligation to register newspapers: First amendment of the constitution revoked the newspaper registration system when Supreme Court established such a precedent on the basis of constitutional guarantees. However, they should give reliable information to concerned authority. If they give such report as it mentioned in rule, such media will get facilities from Post offices.
2. Statutory protection: American press is protected by the Supreme Court verdict. American press law is amended so many times. So, there are statutory guarantees more than constitutional guarantees. Any amendment which can be rejected by court’s verdict. Some major laws can be defined ass follows.

1. The privacy protection Act 1980: No administration can search in editorial office of journalists but if they give subpoena, they can make search in editorial offices. Without search warrant, no administration could be entered in news room. This protection is given in the case of Zurcher vs. Standared in 1978.
2. Journalist’s shield laws: This law has given the right to journalists to protect their news sources. However, this is not the guarantees of federal law but of state law. Some of the state has given absolute right and some state given only relatives right in terms of protection of sources. However, protection of sources is not absolute in majority of the state. Supreme Court has also developed the precedent to give the rights to protect the news sources but not in all case. So, it has given only the relative rights in terms of the protection of the sources.  
3. Freedom of information and sunshine laws: From 1960’s to 1970’s many American state including Federal government made the freedom of information and sunshine law. Freedom of information act 1966 and Sunshine Act 1976 are the mentionable law of the federal government. Freedom of information Act has given the facilities to check, to evaluate and to publish the document, records and public information and sunshine law has given the rights to participate in public meeting, assembly to journalists. No provision has made in terms of proceeding case in courts. Such laws are not necessary in terms of constitution but statutory laws. However, these laws have very important role in American media history. Foreign affairs, security and restricted zones are mentioned in such a law.
4. Defamation law: No defamatory information can be disseminated via American media which is not guaranteed in the American Federal constitution. Before 1964, state government has the right to settle such a defamatory case but the case of New York Times vs. Sulivan has changed the perception of the defamation which was prosecuted in Supreme Court of America and gave verdict in the favor of newspaper which established the precedent that every publicly interested issue could be disseminated via media. Public issues can be published without any hesitation and fear.
5. Obscene publication: The concept of the obscenity is illusive and difficult to be defined. No constitution has said anything about this issuers but it has also given the rights to control such an issues. Supreme Court of America said that the concept of obscenity is to be understood in local definition and standard. Blasphemy is also the kinds of obscenity which bans to publish any thing against religion, priest, father etc. However, there is no any statutory guarantee about obscenity in America.
6. Official secrecy law: There is no any official secret law in America. However, some provision of contract law used to regulate such an issue. It is very hard to sooth the court by official to go against journalists on the name of the revelation of the information. There is court precedent that everybody should follow the contract only which was issued in CIA case of 1977.
7. Privacy protection law: There is no clear text in terms of privacy though it is mentioned in the constitution of America. If such a issues come, libel and slander law govern over such a issues. But it should be reckless, careless report.
8. Copyright law: Every documented is protected by law and restricted to be reprinted, reproduced or exhibited in public place without prier permission. So, every news story of journalist is also protected by this law.
9. Pre-publication censorship: There is no pre censorship for print media. If government makes contract with media not to publish anything, media house shouldn’t breach the contract. Like this, worker shouldn’t publish anything without government permission. This provision is criticized much but no law is formed in terms of such an issue till now.
10. Media self-regulation: There is press council which was formed in 1973 with the effort of private sector. No governmental intervention is there. An organization named 20^th century fund formulated National News Council which evaluates the American newspapers.
11. Internal monitoring: Journalists of America are controlled by indirect management Government organizes cocktail dinner party for journalist to make them favorable. No license, registration, permission are made to control journalist. There is open liberal market policy. However, debate on public issues should be uninhibited; robust and wide open in the words of the Brenau Jr.
12. Meiklejohn principle: In 1948, Professor Meiklejohn advocated that the first amendment of constitution has guaranteed the absolute press to flow opinion free and fairly. No journalist is compelled by law but they make control themselves by self-righteous process. So, the principle of the self-righteous or self-control without any legal obligation is the principle of Meiklejohn which advocates the absolute press freedom.