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Media Law and Media Capture in Slovakia and the Czech Republic after the year 2000
Hanák, Peter ; Moravec, Václav (advisor) ; Kroupa, Jiří (referee) ; Višnovský, Ján (referee)
This dissertation connects theories and notions of media and democracy, oligarchization of media, media capture, and media systems with the economic theory of competition law. Slovak and Czech media laws are analyzed in a comparative legal analysis. Pluralism as the core value in all of the above-mentioned theories is researched. Novel historical periodization of the 1989 - 2020 era is proposed, as these 30 years are framed as a permanent transition of the media system of three distinct types. The Herfindahl-Hirschman index proves that the Slovak and Czech media markets are concentrated or oligopolistic, and this trend was strengthened in the last decade of the examined era. The new tool, the Power of Media Owners (POMO) indicator, is invented to show the strength of media oligarchs across platforms. This proves inefficacy of the cross-media ownership regulations, and it is used to measure the level of media capture. Fourth model of media systems, the non-pluralist authoritarian Eastern Oligarchic Captured model is described and the situation in Slovakia and Czech Republic is compared to it, concluding that both examined countries are in fact closer to more established Polarized Pluralist Mediterranean model, which is framed as a half-way to the Eastern model. Conclusions reveal which changes in...
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Czech and Austrian media law with emphasis on austrian media act
Poláková, Pavla ; Benda, Josef (advisor) ; Hanák, Peter (referee)
As a result of current, historically unparalleled, media development, the states of European Union are forced to deal with new fundamental questions in the area of media regulation. Those questions are mainly; (i) can legislature of the EU member states react quickly enough to the technological development and (ii) how does the EU media legislative affect law of member states? In the presented work, answers to the above mentioned questions are based on a commented comparison between sources of the media law in Czech and Austrian constitutional systems. Besides the comparison, the work contains also an explanation of the basic concepts of the legal theory as well as a brief introduction to the historical development of the media law in both the countries. To the best of authors' knowledge, the present study is the first work aimed at comparing the media law of Czech Republic with another EU member state and it may be used as a basis for a discussion on a topic of Czech media law quality.
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Media Law Changes in Czech Republic 1990 - 2018
Bumbová, Barbora ; Hanák, Peter (advisor) ; Křeček, Jan (referee)
This thesis deals with the changes of media law in the Czech republic through specific period of time. This time is defined between 1990 to 2020, which consist of the period of the three decades. The aim is to focus on the most important laws in the media law and try to describe them, and outline what roughly led to their adoption or change. There are several parts of this thesis. The first one is theoretical, and the second one is focused on a specific analysis of laws in the branch of media law. Theoretical part constist of constitutional and human rights anchoring of the media in the system of media law. It also focuses on freedom of speech, the right to information and media regulation and tries to explain them from the point of view of media law. It also provides a theoretical explanation of media systems according to Hallin and Mancini, with which he works in the next chapter. The following three chapters are the focused on each period. They are divided into three parts - the 90s, 2000 to 2009 and 2010 to 2020. In individual chapters, the most important laws of the period are analyzed, which are analytically assessed with regard to the context of their origin, other influences and their content. The last chapter deals with the embedding of development of the Czech Republic in the theory of...
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Comparison of Liberal and Democratic Corporatist Media Models in 2018
Davidová, Barbora ; Hanák, Peter (advisor) ; Miessler, Jan (referee)
The bachelor thesis deals with the comparison of the media systems of Great Britain, Ireland, Germany and Sweden, following the work of Hallin and Mancini's Comparing Media Systems: Three Models of Media and Politics. Using the example of these four countries, it tries to find out whether there is still a clear boundary between media systems in Liberal and Democratic Corporatist countries, or whether media systems converge towards the Liberal model as Hallin and Mancini predicted. The thesis is divided into a theoretical and an analytical part. The theoretical part introduces the term "media system" and also several different typologies of media systems with special emphasis on Hallin and Mancini's typology. The analytical part compares national media systems according to four parameters: the structure of media markets, the degree of political parallelism, professionalization of journalism and the role of the state - each of these parameters is described in a separate chapter. The work uses data from recent research, publications and articles and compares them with data from the original Hallin and Mancini's publication. It attempts to describe as accurately as possible the present state of the media systems of the four above mentioned countries, both individually and in total. Findings of the...
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Constitutional court of Czech Republic decisions on media
Trkovská, Jana ; Hanák, Peter (advisor) ; Benda, Josef (referee)
This bachelor thesis concerns decisions of the Czech Republic Constitutional Court affecting medial area. It is divided into four chapters of which the first two are theoretical while the other two are practical oriented. Chapter one describes the term medial system and presents their individual models and presents Czech Republic as one these. This chapter also describes legislation concerning freedom of speech and the legal protection of personality. The second chapter focuses on the Constitutional Court of Czech Republic and its position in Czech judicatory system and explains means of how the Court can affect media and journalists. It also concerns obligatory effect the Court's decisions within Czech law system. Practical part of the thesis is dedicated to analysis of several Constitutional Court's decisions. This part of the paper discover the Court's influence on Czech medial environment and the work of journalists. The Constitutional Court has defined the boundaries of law execution regarding the freedom of speech and also defined several concepts connected to media. This thesis shows that the Court affect journalists' work in the way that they know how to phrase their statements without disturbing the freedom of speech.
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Media and criminal procedure
Robotková, Pavlína ; Benda, Josef (advisor) ; Hanák, Peter (referee)
The theoretical part of the Bachelor thesis covers legal circumstances regarding a media activity of providing information about criminal procedures. First, it describes the principles of the constitutional law, specifically, the right of information, the prohibition of censorship, and freedom of speech. Then, it analyzes the concept of a criminal procedure and its basic principles. Mainly, it describes the public policy of the trial and the presumption of innocence. The main part of the thesis analyzes individual provisions of the Code of Criminal Procedure, which regulate the range of publishable information about criminal procedures, the offender and the victim. Separately, the same problem is described according to the Code of Judiciary with Youth. The practical part of this thesis uses quantitative and qualitative content analyses of the articles from two Czech magazines - Právo and Blesk. The quantitative analysis examines the topic of this thesis through statistical and mathematical methods. The qualitative analysis researches individual articles and focuses on compliance with the law.
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Journalists and access to information
Koktová, Alena ; Hanák, Peter (advisor) ; Hájek, Roman (referee)
The aim of this thesis entitled Free access to information from the perspective of journalists is to find out how Czech journalists use the institute of free access to information. The work is based on analysis of specific articles published on the Czech news portals and in the newspapers and also on interviews with prominent Czech journalists, who provided their practical experience from practice. As a result, the thesis charts in which cases and with what success the journalists act according to the law on free access to information. Although the law provides only minimum of exceptions, in which statutory bodies may not provide the information, the actual practice does not respond to. Journalists are often confronted with all sorts of excuses why the office cannot provide the information. The most common reasons for denying the request for information is the protection of personal data, trade secrets and the condition of payment the costs of extremely extensive search. The structure of work corresponds to those reasons - first two sections contain an introduction to the issue of the right to information and freedom of access to information and the next three sections are devoted to the mentioned reasons why some authorities reject the requests of journalists. Each chapter contains a description...
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Czech and Austrian media law with emphasis on austrian media act
Poláková, Pavla ; Benda, Josef (advisor) ; Hanák, Peter (referee)
As a result of current, historically unparalleled, media development, the states of European Union are forced to deal with new fundamental questions in the area of media regulation. Those questions are mainly; (i) can legislature of the EU member states react quickly enough to the technological development and (ii) how does the EU media legislative affect law of member states? In the presented work, answers to the above mentioned questions are based on a commented comparison between sources of the media law in Czech and Austrian constitutional systems. Besides the comparison, the work contains also an explanation of the basic concepts of the legal theory as well as a brief introduction to the historical development of the media law in both the countries. To the best of authors' knowledge, the present study is the first work aimed at comparing the media law of Czech Republic with another EU member state and it may be used as a basis for a discussion on a topic of Czech media law quality.
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