Media Law and Code of Ethics - Essay Example

The Media Law and Code of Ethics

The media is the means by which masses receive information from various points. Through the years the media has undergone surgical evolutionary changes especially with the advancement in technology. The traditional forms of media such as print are not used as widely as they were earlier. There are new ways of conveying information e.g. print media like newspapers and magazines; electronic media such as the television and radio as well as the internet which seems to be the most prominent in the recent days with the emergence of the social media. In light of these, there has come a need to regulate the use of the media through the law. These laws seem to apply depending on the needs and the situations of the jurisdiction of the countries in which the media is used. In most cases, democracies tend to be focused by free exchange of information thus guaranteeing freedom of expression as well as a freer media. The role of the media ranges from reporting, to entertaining, informing, educating, etc. The situation in any region determines the law that governs the media. The media faces some laws that affect the way they operate e.g. defamation, sedition, confidentiality, diversity, freedom of information, etc. (Crone, 63). The UAE has always received poor grading regarding the freedom of media within her jurisdiction. This is perhaps because the law seems to be quite stricter in regards to the operation of the same than in other countries such as the United States. The media in the United States seems to be enjoying more freedom as compared to most nations around the world. This fact may be attributed to the fact that the laws of the United States in regards to the media seem to be more liberal than the United Arab Emirates. This essay thus seeks to draw a comparison between the media law and ethics in UAE and the US.

The four estates are the separate divisions of the realms of the society into the law, church, government, and the media. These are the institutions in a society that seem to act as the opinion leaders of the people within a nation. The media is referred to as the fourth estate as it reports on the other three while remaining restricted to them. To understand the intricate differences between the media laws in both countries, it is prudent to understand the sources of the law for both of them for comparative analysis. The laws in the US are quite complex as compared to that of the UAE since they exist in various forms in the different levels of the government. They do not only exist in statutory form but also in the common laws passed by the judiciary (Jennings, 20). On the other hand, the constitution remains the sole source of the laws in the UAE (Price, 303). Increase not only accountability Additionally, being that the UAE is predominantly a Muslim state, the Sharia laws also seem to be extended in the formation of the laws that govern most institutions in the country.

The media presents a big role in the governing of any nation. While the media laws in the United States seem rather relaxed, those of the UAE are quite harsh with the UAE being ranked among the worst in media freedom in the world, 118 out of 180 – way below countries such as Uganda and Tajikistan. According to a report by the Human Rights Watch in 2009, the media laws in the UAE seem to limit the freedom of expression at the level of the federal states (emirs) thus playing a major role in the limitation of the media in passing information to the public. On the other hand, the media law and the law in the freedom of expression in the United States tends to be on par with almost every requirement of the international laws on the freedom of expression. In the UAE the legal environment dictates that it is an offence to criticize the government, the royal family as well as friendly foreign nations. These are regulated strictly by the government through the executive, legislative as well as the judicial arm. This is in sharp contrast with the legal environment for the media in the United States. In the United States, the freedom of expression is more liberal than that with the media having space to openly criticize the government without fear or favor. The media lays an important tool in the running of the political affairs of the country and as such criticism is allowed in the United States. These are common laws that are observed among all the federal states of the US.

The law governing the ownership of media and press has made it quite easy for the government to observe and regulate the content of the information born therein. The media is controlled by an authority that is primarily appointed by the president. This makes political coverage quite biased. In the US, on the other hand, the regulating authority goes through vetting. This reduces the issue of bias in media coverage. Privately owned media houses may be quite restricted in the UAE as compared to the state-owned media houses. On the other hand, it is quite apparent that the oligopoly of the media in the US is quite concentrated with the private media houses. This can be explained by the fact that the laws in the United States tend to be more liberal than those of the United Arab Emirates. The UAE government particularly seems to be concerned with foreign media houses and closely monitors the content of their sites. Several houses have complained of being harassed by the Telecommunications Regulating Authority e.g. the US-based Al-Watan. The media code of ethics in both nations, however, seem to be quite similar. It is quite apparent that the ethics are universal except for the fact that the sharia laws still seem to play a big role in their formulation and monitoring as opposed to the rather secular American society.

The Sharia laws also play a role in judicial cases involving the media. The UAE also applies the hudud in judgments as well as apostasy. These are the crimes that are punishable by death. Blasphemy is also a crime. While some civil laws may bear quite some similarities with the laws of the United States such as the type of crimes that are punishable, the penalties may be quite severe in the UAE. For instance, in both countries defamation, lack of professionalism, breach of the code of ethics, sedition, etc. are all punishable by the law. However, the penalties given for the offenses differ in both countries. For example, the sharia law when applied, allows for the stoning of a treacherous person which is not allowed in the US penal code.

As a recommendation, perhaps the UAE needs to realign the freedoms allowed for the media to be less strict. Perhaps the democratic space can be increased to help in the coverage of the news and inform the media. Media should be allowed space to criticize the actions of the government officials as well as the members of the royal family in order to increase accountability. Additionally, the penal code may be revised to include clauses that are friendlier and comply with the international human rights. In this way, media coverage of the activities would be more, and this would increase not only accountability but also the democratic space and the freedom of speech. Being that the United States complies with most of the international standards in regards to the regulation of the media laws, there is little changes that can be made to it. The media in the United States enjoys relative freedom with less restrictive laws than the UAE.

In conclusion, it is quite apparent that the UAE is a rather gray area for media and journalism. The source of the laws seems to be a guiding stick for the laws and the repercussions that come with the breach of the same. In the UAE, the sharia laws seem to play a significant role in the formation of the laws. In light of this, they would also be observed when making up the penalties that come with the breach of the law. It is also quite apparent that the code of ethics in the United States and the UAE bear quite some similarities. However, the difference comes in during the judicial process. It is quite apparent that the UAE needs to be less restrictive in the matters of media and the freedom of speech to reduce the poor grades that have been prompted by the harsh rules that are placed upon the journalism and media profession.