2006 Fiscal Year Final Research Report Summary
Comparative study from the "soft law" perspective on the development of a relief system against infringement of human rights caused by mass media
| Project/Area Number |
16530069
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HAMADA Junichi The University of Tokyo, Interfaculty Initiative in Information Studies, Professor, 大学院情報学環, 教授 (20114613)
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| Co-Investigator(Kenkyū-buntansha) |
UZAKI Masahiro Dokkyo University, Faculty of Law, Professor, 法学部, 教授 (10112492)
HATTORI Takaaki Rikkyo University, Faculty of Sociology, Professor, 社会学部, 教授 (80138627)
YAMAGUCHI Itsuko The University of Tokyo, Interfaculty Initiative in Information Studies, Associate Professor, 大学院情報学環, 准教授 (00262139)
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| Project Period (FY) |
2004 – 2006
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| Keywords | soft law / mass media / relief system / freedom of expression / freedom of the press / defamation / privacy |
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| Research Abstract |
Our comparative system study makes it clear that a relief system against infringement of human rights by mass media has a "soft law" character and a relief system can have advantage and disadvantage in its function because of such character. Also the condition under which "soft law" works become clear.
First, to be noticed are the practices that adjudications given by a relief system are well observed in most of the cases. Although behind such practices there might be a fear of government intervention, we can also mention self-consciousness of mass media in keeping ethics. The existence of self-consciousness of mass media is one of the core condition of well working "soft law". In addition to such self-consciousness, development of "feeling of conciliation" in society is also the key factor in functioning "soft law".
Second, rules to be applied in a relief system cover both same contents with laws and the contents which are not covered by laws. This means that "soft law" can take into consideration more factors in making or applying rules than laws can.
Third, in some cases the contents of "soft law" may seem redundant because laws also provide the same contents. Even in such case of rule duplication, practices show that a system applying "soft law" can have advantages in its execution such as a speedy process of dealing with cases and smaller costs.
In sum, our study makes clear the condition under which "soft law" can work better and also the unique character and advantages of "soft law" comparing with laws. These findings will contribute to the future study both on a relief system against infringement of human rights by mass media and on the meanings and conditions of "soft law".
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[Book] BRC判断基準2005
Author(s)
右崎正博, (監修・BRC事務局編)
Total Pages
159
Publisher
放送と人権等権利に関する委員会
Description
「研究成果報告書概要(和文)」より
