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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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Analysis of Czech television news before the elections to the Chamber of Deputies of the Parliament of the Czech Republic in 2021
Slancová, Markéta ; Nečas, Vlastimil (advisor) ; Karel, Kryštof (referee)
This thesis examines compliance with the normative requirements imposed on Czech television broadcasters by Act No. 231/2001 Coll. on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts. It focuses on the requirement of objectivity and its compliance in the period before the parliamentary elections. In particular, it focuses on the postulate of impartiality as part of the scheme of objectivity as defined by Jörgen Westerstahl in 1983. The sub-objectives of the thesis were to find out how much attention was given to individual candidates by the TV stations examined in this study, whether the journalists' speeches separated facts (news information) from opinions (commentaries) and, finally, whether the journalists' speeches did not contain explicit evaluations. For this purpose, a quantitative content analysis of six episodes of the main news broadcasts broadcasted during the three-week period before the elections to the Chamber of Deputies of the Parliament of the Czech Republic held in the autumn of 2021 was used. Specifically, I selected three episodes of Události broadcast by Czech Television and three episodes of Hlavní zprávy CNN Prima NEWS. It was found that Czech Television did not give any space in the examined pre-election coverage to the candidates standing...
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The Protection of Personality in Media Law
Brostík, Ondřej ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The Protection of Personality in Media Law The aim of this thesis is to investigate and analyze legal relations arising from the protection of personality in terms of general civil law on the one hand, and on the other hand in relations to the institutes of media law. The thesis puts emphasis on the analysis of the relevant judicature because legal protection of personality is significantly amended by the case law. With regard to the future re-codification of private law in the Czech Republic, the thesis also pursues the question of legal protection of personality "de lege ferenda". The first chapter defines and specifies general terminology concerning the system of protection of personality. This part provides a comprehensive interpretation of the relevant regulations in the Civil Code concerning the protection of personality, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter the author focuses on the issues of media law. Special attention is paid to the analysis of the specific institutes of protection of personal rights in media law, the right of reply and the right of subsequent notification. The next chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature. These...
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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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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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The Protection of Personality in Media Law
Brostík, Ondřej ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The Protection of Personality in Media Law The aim of this thesis is to investigate and analyze legal relations arising from the protection of personality in terms of general civil law on the one hand, and on the other hand in relations to the institutes of media law. The thesis puts emphasis on the analysis of the relevant judicature because legal protection of personality is significantly amended by the case law. With regard to the future re-codification of private law in the Czech Republic, the thesis also pursues the question of legal protection of personality "de lege ferenda". The first chapter defines and specifies general terminology concerning the system of protection of personality. This part provides a comprehensive interpretation of the relevant regulations in the Civil Code concerning the protection of personality, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter the author focuses on the issues of media law. Special attention is paid to the analysis of the specific institutes of protection of personal rights in media law, the right of reply and the right of subsequent notification. The next chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature. These...
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The protection of children and teenagers based on the assessments of the Council for radio and television broadcasting
Malířová, Klára ; Šoltys, Otakar (advisor) ; Macků, Lucie (referee)
The subject of this thesis is protect of children and adolescents in the evaluations of The Council for Radio and Television Broadcasting. The first part is mapped Czech media legislation with regard to the legal standards underlying The Council for Radio and Television Broadcasting in their trials (particularly Act No. 231/2001 Coll., on radio and television broadcasts). The next chapter introduced The Council for Radio and Television Broadcasting, in particular with regard to its activities and competences in relation to the protection of children and youth. The central and largest of the thesis is the research itself, followed by the processing results of the research and defining conclusions. Research is conducted content analysis using qualitative and quantitative strategies. As a basis for research is used legislation, case law, decisions and notifications Council for Radio and Television Broadcasting from 2008 to 2011. The aim of the research is to find out whether we are protected the interests of children and adolescents in the Czech Republic, as broadcasting is concerned. What does the legal regulation of the media in this area. And how much is the legal regulation of the media in the protection of minors used in practice. Whether therefore The Council for Radio and Television...
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Enactment of so-called "muzzle act" and its impact on czech media
Jozífek, Radek ; Šmíd, Milan (advisor) ; Benda, Josef (referee)
This thesis deals with the Act no. 52/2009 Coll., which amends the Act no. 141/1961 Coll. (Penal Procedure Code), as amended by latter Acts, and some other Acts. Because of its alleged censorial character, it was often referred to as the "Muzzle Act" by local media. The thesis is composed of five parts. The first one describes methods used in the rest of the text, the second one explains main theoretical concepts and essential topics that are important for understanding the other parts - right to privacy, right to information, publication of transcripts obtained by eavesdropping devices etc. It also describes contents of the "Muzzle Act" and its amendment. The third part reviews how the Act passed the legislative process in both chambers of the Parliament, including protests of media and some scholars against it. All the main reasons why protestors considered the Act censorial or even unconstitutional are drawn up in the fourth part of the thesis. It also sums up thoughts and confronts thoughts of people who argued in favour of the Act. In the fifth part, journalists from Czech News Agency (ČTK), daily newspaper Mladá fronta DNES, weekly magazine Respekt and news website Aktuálně.cz describe how the Act influenced their working habits and contents of their media. One specialist in the field of journalism...
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