COURSE: Introduction to Media Ethics & Law (DPC 1209)
LECTURER: Leslie Sobers
DATE: 26th April, 2016
* Aaliyah Callender-1021557
* Rudolph Daly-1021888
* Samuel Gillis-1010622
* Leon Griffin-1021868
* Royden James-1019726
* Krystal Kennedy-1021125
* Rondella Legay-1022111
* Merissa Prescott-1021456
* Danielle Swain-1007423
Should Freedom of Expression extend to Pornography?
The fight continues from institutions to focus groups, media houses and the press, individuals from the streets to the highest of Law making bodies around the world and even in Guyana are fighting for freedom of expression. Everyone seems to have a desire to ...view middle of the document...
Freedom of expression carries responsibility of expression. Responsibility to ensure that a person’s rights, liberties and opinions aren’t violated. One cannot merely exercise their freedom at the expense of another’s. There is a limit in expressing yourself; especially when it is being done in the public. Yes you have the right to express yourself, but how can you do so in an open environment where others are, where others would be affected and where others might disagree with your mode of expression.
The Constitution of the Co-operative Republic of Guyana, Article 146 which also is consistent with the views of Article 19 of the United Nations Universal Declaration on Human Rights, provides for the “Protection of Freedom of Expression” stating:
“Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to communicate ideas and information without interference and freedom from interference with his or her correspondence.”
The Supreme Court of America has held that indecent expression -- in contrast with "obscenity" - is entitled to some constitutional protection, but that indecency in some media (broadcasting, cable, and telephone) may be regulated. In its 1978 decision in Federal Communications Commission v. Pacifica, the Court ruled that the government could require radio and television stations to air "indecent" material only during those hours when children would be unlikely listeners or viewers. Broadcast indecency was defined as: "language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs." This vague concept continues to baffle both the public and the courts.
Pornography can be obscene, in the form of child pornography or even indecent speech. Obscenity has been linked to misogynous, perversion, sadism, and voyeurism. These are acts depicted in pornography which have a direct nexus with obscenity. “Freedom of speech/expression is not absolute, liberty is not absolute” when such rights are misused to make innocent man, woman and children pay to such sexual perversions. Pornography produces in its consumer’s beliefs that prevent them from recognizing women’s intentions to refuse sexual overtures. These might include beliefs that women are coy, that they don’t like to appear too sexually forward, and so on. In producing these beliefs, pornography causes the systematic illocutionary disablement of women.
It was E.A Bucchianeri that put it this way “There has to be a cut-off somewhere between the freedom of expression and a graphically explicit free-for-all.” It’s one thing to fight for freedom and another to fight for recipes for destruction, a free for all is the last thing our society needs today; also with all that is going on around us, with children disobedient to parents, teenage pregnancy,...