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傳播媒體的真實原則——以通訊傳播管理法草案相關規定為中心
Journal article

傳播媒體的真實原則——以通訊傳播管理法草案相關規定為中心

仲嶙 陳
台灣科技法律與政策論叢, Vol.6(1), pp.1-57
2009

Abstract

媒體;不實報導;誹謗;言論自由;新聞自由;違憲審查;通訊傳播管理法;Media;False Information;Defamation;Freedom of Speech;Freedom of the Press;Judicial Review;Communications Act

It has been a substantial problem that mass media regularly provide biased, poor, and false information. Conveying authentic information is a very basic responsibility of news media; unfortunately, current practices largely deviate. Against the backdrop, what can the law do to help? This article argues that it is a crucial state mission to fight against false information by establishing the legal regulation. Concerning media regulation, the draft of the Communications Act has offered a valuable approach. While agreeing with the Act to the point of enforced self-regulation, this article also recognizes the insufficiency of the mechanism. To pursue a more comprehensive regulation, this article explores various regulatory strategies including administrative sanctions, licensing, the freedom of press professionals from the owners, the right to reply, criminal sanctions and civil liability.

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