.2 The grounds for restriction
th
According to Justice Holmes, Supreme Court Justice in United States, although the Constitution of the Unite States provides that "Congress shall make no law abridging the freedom of speech"[1], freedom has never been absolute. Without exception. freedom of the press is also subject to certain restriction.
For freedom to exercised, we need an organised society and public order. without which, freedom can be easily abused or even destroyed. Therefore, in execising freedom of the press, we have to consider the following factors:
5.2.1
5.2.2
5.2.3
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Rights
To
protect
be
Personal
and Interests
the reputation. rights and interests of an individual and to respect the privacy of a person, the law normally stipulates that comments on others' privacy should not be expressed in speech or writing or publication. But if the person whose private life has been exposed 18 a social celebrity or public figure, the defendent (1.e. the person prosecuted for publishing or broadcasting such information in the media) will be found not guilty of libel provided that he can prove it is a truthful report in which there is absence of malice. For a public figure is the centre of attention and any of his action will naturally attract public attention. Moreover, one cannot figures
rule
out
the possiblity that the public deliberately expose their private life for publicity's sake. Thus, ав long as it is truthful report in which there is absence of malice. it is not against the law.
Social Order
ones
The legislature of a country normally makes laws to
maintain social order. The most common
are the restrictions imposed on matters instigating violence and illegal actions, and pornography.
Justice of the law
To guarantee that all parties are treated fairly before, during and after A trial, the press must be under certain restrictions in reporting or commenting the cases.
a) Before the trial
Under the principle that everyone 18 innocent before being convicted in court, the law provides that the press in reporting a case should not assume that the suspect has committed a crime and such terms as "murderer" and "bandit" should not be applied on him. This is to ensure that should the suspect be in fact innocent and found not guilty after the trial, members of the public will discriminate against him.
not
[1] American саве law: 249 U.S.
at 52
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