Media Law in Botswana

Media Law in Botswana PDF

Author: Charles Manga Fombad

Publisher: Kluwer Law International B.V.

Published: 2018-06-13

Total Pages: 188

ISBN-13: 940350031X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Botswana surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Botswana will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

The Southern African Development Community Treaty-Nexus

The Southern African Development Community Treaty-Nexus PDF

Author: Korwa Gombe Adar

Publisher: Rowman & Littlefield

Published: 2023-03-27

Total Pages: 289

ISBN-13: 1666930245

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Using various case studies as well as legal, communication, and awareness perspectives, this book examines the nexus of the people of Southern Africa, democratization, and integration in the SADC region.

On ‘Shoot the Boer’, hate speech and the banning of struggle songs - PULP FICTIONS No.6

On ‘Shoot the Boer’, hate speech and the banning of struggle songs - PULP FICTIONS No.6 PDF

Author: Karin van Marle

Publisher: Pretoria University Law Press

Published: 2010-01-01

Total Pages: 163

ISBN-13:

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On ‘Shoot the Boer’, hate speech and the banning of struggle songs - PULP FICTIONS No.6 Edited by Karin van Marle 2010 ISSN: 1992-5174 Pages: 23 Print version: Available Electronic version: Free PDF available About the publication In the two contributions to this volume we find the following passages: ‘Whether one is an upper-middle class Afrikaner or a poor black rural woman whether one is a black small business entrepreneur or a poor white car guard, an obsession with hate speech will not do us any good.’ (De Vos) ‘The protection of these values is not sub-ordinate to the problems of unemployment corruption, poverty and discrimination. On the contrary, those problems can only be tackled if these values are upheld and developed.’ (Spies) David Scott in Conscripts of modernity: The tragedy of colonial enlightenment (2004) investigates how colonial struggles are told in history. He observes how often what happened in the past is told to serve present day priorities. CLR James’s account of the Haitian Revolution of 1791-1804 in his work, The Black Jacobins, is one example of a text written in a time when decolonization was a future possibility. This work is described by Scott as a work of anti-colonial longing. Scott’s argument is that we should move away from anti-colonial longing in order to start thinking of other kinds of problems and other kinds of questions. James, in a revised edition of The Black Jacobins published in 1963, recast the initial narrative from one of romance to one of tragedy. In a post-apartheid South-Africa we are constantly being haunted by our apartheid and colonial past. How we respond to, but even before responding, how we understand the many challenges we face today — ongoing poverty, crime, corruption, equality, dignity, freedom of speech — may depend on how we relate to past, present and future, and specifically how we frame the stories of the struggle against colonialism and against apartheid. Becoming post-colonial (post-apartheid) requires new angles, new starting points. It might be fruitful to study the actions and speech of Julius Malema in light of Scott’s observations. In other words we could reflect on the extent to which Malema remains in an anti-colonial struggle engulfed by Romanticism and is therefore not engaged in a postcolonial struggle, and accordingly fails to engage in a ‘politics for a possible future’. (Scott (2004)) In this edition of Pulp fictions, Pierre De Vos takes another angle on the issue of Julius Malema’s singing of struggle songs and his statements concerning victims of rape. De Vos argues for us not to be blinded by debates on freedom of speech / hate speech, if the real issue is a political struggle for socio-economic transformation. For De Vos, ‘poverty, corruption, discrimination and a lack of service delivery are far more important issues that need to be faced head on.’ Willie Spies in response to De Vos argues for ‘a change of our mindset’ and that such a change is not contrary to socioeconomic reform but rather tightly connected to it. About the Editor: Karin van Marle is a Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria

Mixed Legal Systems, East and West

Mixed Legal Systems, East and West PDF

Author: Vernon Valentine Palmer

Publisher: Routledge

Published: 2016-07-22

Total Pages: 478

ISBN-13: 1317095375

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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Reimagining Legal Pluralism in Africa

Reimagining Legal Pluralism in Africa PDF

Author:

Publisher: BRILL

Published: 2024-06-06

Total Pages: 514

ISBN-13: 9004696741

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This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Energy and Ethics

Energy and Ethics PDF

Author: Benjamin K. Sovacool

Publisher: Springer

Published: 2013-07-08

Total Pages: 278

ISBN-13: 1137298669

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Benjamin K. Sovacool applies concepts from justice and ethics theory to contemporary energy problems, and illustrates particular solutions to those problems with examples and case studies from around the world.

International Law and Domestic Human Rights Litigation in Africa

International Law and Domestic Human Rights Litigation in Africa PDF

Author: Magnus Killander

Publisher: PULP

Published: 2010

Total Pages: 261

ISBN-13: 0986985724

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"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

Promoting Information in the Marketplace for Financial Services

Promoting Information in the Marketplace for Financial Services PDF

Author: Paul Latimer

Publisher: Springer

Published: 2014-11-14

Total Pages: 251

ISBN-13: 3319094599

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This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America. After every “boom” and “bust”, legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as “you must keep the financial market fully informed”, a measure that would support effective mandatory continuous disclosure of information to financial markets. This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.