Legal and moral approach over press offences in western democracies in romania

• Author: Cristina Anca Paiusescu
• Position: Faculty of Political Sciences, University, Bucharest - Romania
• Pages: 135-139

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 135-139

135

LEGAL AND MORAL APPROACH OVER PRESS OFFENCES IN

WESTERN DEMOCRACIES IN ROMANIA

C. A. Piuescu

Cristina-Anca Piuescu

Faculty of Political Sciences

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Cristina Anca Piuescu, “Dimitrie Cantemir” Christian University, 176

Splaiul Unirii St., 4 District, Bucharest, Romania

E-mail: ancamili@yahoo.com

Abstract

The essenceof a democracy consists of thepolitical rights ofits citizensoftheir

ability toinfluencepolitical decision, to challengeand to participatedirectlyin the

managementof the state. Howitcould all this happen withouta free pressto express thelevel

ofexternalization ofthoughts and ideasof freedomof expressionof public opinion. The press

isone of the formsof expression ofpublic opinionandin termsof its functions,the averageis

of major importancefor societyasa wholeand forthe individuals whocompose it. However,

it isimperativeto createmoraland legalrulesthatguide thework ofjournalists, to avoid

press offenses.Theyare createdbothby the stateandjournalists, themselves, by

selfreglementation.

Keywords: press-freedom, press-democracy, legal limits, selfreglementation

Introduction

World Democracies faces a number of various challenges, both inside and outside

problems which have to cope with, starting on the level of political representation, the

problem of technocracy, the matter of oligarchy within powerful parties, to the institutional

problems. A new challenge for western democracies is the pressure coming from the

increasing demands for recognition of various types of human rights and the increasing

requirement of legalization of relationships that once belonged to the sphere of “immorality”.

1. The relationship between law, morality and ethics in the media

For the media, the triad law - morality – ethics has an unique connotation and its

casting is presenting as an intractable paradox

1

. Although the media is governing our lives

and they are indispensable public service, the journalists hardly accept, or reject the idea legal

constraint in their profession, some journalists even ignoring the rules of morality or ethics.

Because the term “ethics” often irritates media professionals and because a minimum

consensus of professional conduct is required, there is a new concept created for them -

quality control –a concept that covers both ethics, morality, professional ethics within the

existing legal frame of the media

2

. A practitioner is virtuous as an ideal professional purposes

and may become a successful practitioner, but this often means to win badly. He focuses on

excellence and the customer and too little on money and his image.

1

D. T. Popa, Dreptul comunicrii, Norma Publishing House, Bucharest, 1 999, p. 49.

2

Idem.