Research Funding Resources

T Anne Cleary International Research Fund

http://www.grad.uiowa.edu/students/FinancialSupport/Fellowships/TAnneCleary.asp

The deadline for applications is Friday, March 28, 2008. To apply, please consult the application guidelines and complete the application form and reference form.


UISG Executive Council of Graduate and Professional Students
http://www.uiowa.edu/~ecgps/
2008-2009 Scholarly Presentation Award Deadlines:
September 18, 2008
November 13, 2008
February 5, 2009
April 2, 2009

2008-2009 Research Grant Deadlines:
October 10th, 2008
March 6th, 2009


GSS (Graduate Student Senate) Travel Funds

GSS provides travel funding assistance to graduate students who present their research at conferences, meeting, symposia and similar professional or academic gatherigs. The funds are provided by the Graduate College and they are allocated by the Travel Funds Committee to deserving applications at multiple deadlines throughout each fiscal year. GSS Travel Funds are awarded for travel to both domestic and international conferences.

The GSS Travel Funds deadlines for the 2009 fiscal year are:

September 18, 2008
November 13, 2008
February 5, 2009
April 2, 2009
May 21, 2009
July 9, 2009

GSS Travel Funds will soon be submitted and processed strictly electronically. We don't believe we will have that system up and running until the November 13th deadline. For now, follow the links on the left to the PDF application that will be used for the September 18th deadline.

UI International Program Funding Resources
* Stanley Graduate Award for International Research application due Feb. 25
* International Travel Fund DEADLINES: October 15, 2008; February 11th, 2009; April 8, 2009

http://international.uiowa.edu/grants/students/funding/graduate/default.asp


Kirkwood College
http://www.kirkwood.edu/site/index.php?p=3961

The Japan Foundation Center for Global Partnership
Mission
To promote collaboration between Japan and the United States with the goal of fulfilling shared global responsibilities and contributing to improvements in the world's welfare.
To enhance dialogue and interchange between Japanese and US citizens on a wide range of issues, thereby improving bilateral relations.
http://www.cgp.org/index.php?option=article&task=default&articleid=354

Program Challenge Fund: CPB (Corporation for Public Broadcasting) Grants for TV program proposals
http://www.cpb.org/grants/opengrantsdisplay.html?category=TV

Henry Luce Foundation for Asian Studies
http://www.hluce.org/asiarespongrant.aspx

Name is a rhetoric device

Name is a rhetoric device.
Name is not simple.
Girl's names are more volatile.
Then, why?
I don't know but many, or some, answers are possible.
Males are expected to carry family tradition, last name, etc. That way people are more conservative to boy's name than they are to girl's name.
Is there gender discrimination going on here? It is fair to say Yes.
How?
We will see what he says in the next week. It is certainly a very interesting topic anyway.

John Peters on name as symbol in one of his class of Core Concepts of Communication

http://www.ssa.gov/OACT/babynames

Media Discourse - Fairclough

Approaches to media discourse

In fact there is a great deal of cross-fertilization between them following (p. 20).

1. Linguistic and sociolinguistic analysis
2. conversation analysis
3. semiotic analysis: ideologically potent categories and classifications which are implicit in news texts.
4. critical linguistics and social semiotics
5. social-cognitive analysis: van Dijk

Van Dijk's main motivation for linking media texts to context is to show in detail how social relationships and processes (e.g. the reproduction of racism) are accomplished at a micro-level through routine practices, whereas my major concern is to show how shifting language and discursive practices in the media constitute social and cultural change.
This is a powerful integrated framework for news discourse analysis. Nevertheless, for my purposes it has a number of limitations. First, the focus is on representations; social relations and identities in news discourse - and the interpersonal functions of language - receive little attention. Second, texts are analyzed linguistically but not intertextually, in terms of their constitution through configurations of discourses and genres. A central feature of my approach is the claim that linguistic analysis needs to be complemented by intertextual analysis. A third and related point is that van Dijk's work gives a one-sided emphasis to news-making practices as stable structures which contribute to the reproduction of relations of dominations and racist ideologies, which backgrounds the diversity and heterogeneity of practices (p. 30).

6. cultural-generic analysis: Raymond Williams, the most close to the intertextual analysis Fairclough is aiming to.

Intertextual analysis focuses on the borderline between text and discourse practice in the analytical framework. Intertextual analysis is looking at text from the perspective of discourse practice, looking at the traces of the discourse practice in the text. Intertextual analysis aims to unravel the various genres and discourses - often, in creative discourse practice, a highly complex mixture (p. 61).

Linguistic analysis is descriptive in nature, whereas intertextual analysis is more interpretive. Linguistic features of texts provide evidence which can be used in intertextual analysis, and intertextual analysis is a particular sort of interpretation of that evidence (p. 61).

Orders of Discourse
For instance, advertising amy be rooted in the orders of discourse of commodity production, distribution, and consumption, but it has come to be an element in the orders of discourse of diverse institutions - education, medicine, the arts, and so forth..
It follows that discourse analysis should always attend to relationships, interactions and complicities between social institutions/domains and their orders of discourse, and be sensitive to similarities in social organization and discursive practices between different institutions (p. 63).

Media and Discourse - Fairclough

New trend in media studies: intertextuality, genre mixing, identity

Fairclough wants to reject to arid formalism of past approaches in terms of using language as the space of analysis.

linguistic and discoursal nature of media power

Representations, Identities, and Relations

Three questions asked in discourse analysis
1. How is the world (events, relationships, etc) represented?'
2. What identities are set up for those involved in the programme or story (reporters, audiences, 'third parties' referred to or interviewed)?
3. What relationships are set up between those involved (e.g. reporter-audience, expert-audience or politician-audience relationship)?

Media operates in a social system, thus question power is inevitable.

Conversationalization + marketizatoin (commercialization) -> normalization & naturalization
in other words, conversationalized discourse is a strategy on the part of those with power to more effectively recruit people as audience and manipulate them socially and politically (p. 13).

Ideology = meaning in the service of power (Thompson).

I see presuppositions as 'preconstructed' elements within a text, elements that are constructed beforehand and elsewhere.

Exploring whether a particular implicit propositions or a set of propositions are working ideologically is one issue within a general set of questions that can be asked whenever one representation is selected over other available ones,or whenever identities or relations are constructed in one way rather than another. The questions are
(a) What are the social origins of this option?
(b) What motivations are there for making this choice?
(c) What is the effect of this choice, including its effects (positive or negative) upon the various interests of those involved?

Need to see language analysis as one of a range of types of analysis which need to be applied together to the mass media... (p. 15)

But reception studies sometimes lead to a disregard for the text itself, which I do not accept (p. 16).

A rather arid, formalist analysis of language, in abstraction from social context, still tend to dominate many departments of linguistics. That sort of approach cannot be the basis for effective interdisciplinary work on the media. My view is that we need to analyze media language as discourse and the linguistics analysis of media should be part of the discourse analysis of media. Linguistic analysis focuses on texts, in a broader sense: a newspaper article is a text, but so too is transcription of a radio or television programme. But discourse analysis is concerned with practices as well as texts, and with both discourse practices and sociocultural practices. By discourse practices I mean, for instance, the ways in which texts are produced by media workers in media institutions, and the ways in which texts are received by audiences (readers, listeners, viewers), as well as how media texts are socially distributed. There are various levels of sociocultural practice that may constitute parts of the context of discourse practice. I find it helpful to distinguish the 'situational,'institutional,' and 'societal' levels - the specific social goings-on that the discourse is part of, the institutional framework(s) that the discourse occurs within, and the wider societal matrix of the discourse (p. 16).

What is Text?
1. both written and spoken language
2. social semiotics including visual images and sound effects as parts of texts
3. multifunctional view of texts: ideational, interpersonal, and textual functions of language

therefore it is fair to say that representations, relations, and identities are always simultaneously at issue in a text

The wider social impact of media is not just to do with how they selectively represent the world, though that is a vitally important issue; it is also to do with what sorts of social identities, what versions of 'self', they project and what cultural values (be it consumerism, individualism or a cult of personality) these entail (p. 17).

Text as sets of Option: Choices of Meaning

What is Discourse?
In Linguistics: discourse as social action and interaction, people interacting together in real social situations.
In Post-structuralist social theory: a discourse as a social construction of reality, a form of knowledge

In the discourse perspective on media language which I have sketched out above, the analysis of texts I have sketched out above, the analysis of texts is not treated in isolation from the analysis of discourse practices and sociocultural practices.

Doodling while reading

culture is multiple, various, and varietal. – carey
participation observation, qualitative method, open-ended interviewing

media rituals, ceremonial television, disaster marathon.

rothenbular
Whatever well- applied method produces useful answers is fine


coman
Archetypical model, functionalist model, cognitive model

A space of symbolic bricolage

hanitzsch
three essential constituents
(Institutional Roles, Epistemologies and Ethical Ideologies),

Interventionism, Power Distance, Market Orientation, Objectivism, Empiricism, Relativism
and Idealism.

Pierre Bourdieu and using ethnographic material

The Objectivity Norm in American Journalism - Schudson

two having to do with the self-conscious pursuit of internal
group solidarity; and two having to do with the need to articulate the ideals of social practice in a group in order to exercise control over subordinates and to pass on group culture to the next generation.

The objectivity norm guides journalists to separate facts from values and to report only the facts. Objective reporting is supposed to be cool, rather than emotional, in tone. Objective reporting takes pains to represent fairly each leading side in a political controversy. According to the objectivity norm, the journalist’s job consists of reporting something called ‘news’ without commenting on it, slanting it, or shaping its formulation in any way. The value of objectivity is upheld specifically against partisan journalism in which newspapers are the declared allies or agents of political parties and their reporting of news is an element of partisan struggle. Partisan journalists, like objective journalists, typically reject inaccuracy, lying and misinformation, but partisan
journalists do not hesitate to present information from the perspective of a particular party or faction.

ritual solidarity
cultural contact and conflict can provoke the articulation of norms inside the group

Berkowitz & Eko plus journalism memo

Berkowitz & Eko: Blasphemy
Ritual; sacred rite
When application of a journalistic paradigm appears faulty, journalists work to assert the boundaries of acceptable practice.
Paradigm repair becomes a way of sustaining an intellectual position about authority of knowledge and freedom of speech.
Paradigm maintenance


Selecting News: The individual gatekeeper
Organizational News: News as a workplace product
Professionalizing News: News as journalists’ Norms and Routines
Selling News: News as economic entity
Telling News: News as Familiar Story
Ideology of News: News as social power


Introduction

Shudson
Political economy: fundings and constraints in news production
Sociological: working arrangements in production and occupational beliefs
Culturological: news emerges from the relationship between occurrences and culture’s symbolic system
News items are not simply selected but constructed


Zelizer: cultural contexts of journalism
Beyond these: News texts, news-gathering settings, and news audiences

Journalism as performance – that places emphasis on journalists’ roles as actors in unfolding of news occurrences

Journalism as narrative – sees a commonality among journalists within the news stories that they tell, repeat, and alter to construct the world they observe

Journalism as ritual - how culture are restated and placed into action

Journalism as interpretive community – journalists are united by the interpretations of reality that they share in their work


Individual and small group

Media organizations – news become the outcome of bureaucratic activity where journalists learn work routines and strategies for meeting organizational expectations and constraints

Industrial and institutional – economic necessities of a media organization in its particular socioeconomic system

Individual level: journalists’ predispositions and personal characteristics

Normative Journalistic Ethics code

Carey on Public Journalism

Naked Market Model
trustee journalism (1890 - 1968)- Shudson
Public journalism represents an attempt to be honest about the role of journalists in contemporary life, to bring journalists into the "conversation of the culture," to align the ideology of journalists with the role they actually play among us.

Without journalism there in so democracy, but without democracy there is no journalism either (p. 51).

There was a downside to modern journalism, however. Ultimately the public became a passive observer in the theater state of politics.

Following Watergate, the public and the political system became progressively ideologized and privatized, though that would not be apparent until the presidency of Ronald Reagan (p. 59).

cooperation of journalism by power = refedalization (p. 59).

In that campaign there was, as if by mutual agreement of the press and the candidates, no discussion or debate of an of the issues facing the nation.

It asserts that citizenship is more than rights and interests but also a matter of identity (p. 61).

Republican government must espouse and support certain values, namely, the good, in republican government itself (p. 61).

And such a press must, therefore, support not only journalism but other civic institutions that cultivate the virtues of public engagement and a broader concern for the common life.

In the late 1930s, Harvard economist Joseph Schumpeter, a great lover of capitalism, wrote that he feared for capitalism's future because of what he called its process of creative destruction. Capitalism was such an innovative economic system, he thought, that it tended to destroy all things including itself. It did so by eating its own seed corn, by destroying the social and political bases that guarantees it (p. 65).

Carey, J. (1999). In defense of public journalism. In T. L. Glasser (Ed.), The idea of public journalism (pp. 49-66). New York; London : Guilford Press.

Objectivity - Mindich

from Introduction

For more than 150 years, journalists have asserted their ability to see the world clearly, to be "objective." In his first issue of the New York Herald, in 1835, James Gordon Bennet announced his intention to "record facts on every public and proper subject, stripped of verbiage and coloring." The implication here is that the world and its movement can be known and named authoritatively, a notion one press historian, Michage Shudson, has called "naive empiricism." Walter Cronkite's nightly farewell reflected an enduring confidence in the power of empiricism: "And that's the way it is."

And today the Columbia Journalism Review and other media journals are filled with references to "objectivity" and warnings about how it might be threatened. It is no less that remarkable that years after consciousness was complicated by Freud, observation was problematized by Einstein, perspective was challenged by Picasso, writing was deconstructed by Derrida, and "objectivity" was abandoned by practically everyone outside newsrooms, "objectivity" is till the style of journalism that our newspaper articles and broadcast reports are written in, or against (p. 5).

Journalists are not naive. "objectivity" for journalists is often a question, not an answer - a point of debate,not a dogma. Until recently, the society of Professional Journalists' Code of Ethics highlighted "objectivity" as its central tenet; in 1996 "objectivity" was dropped from the code. And in the face of unprecedented competition from various new sources, journalists have been grappling with their mission and with the meaning of "objectivity." Journalists often reveal a skepticism that there is an "objective" "is," unfiltered by our personal lenses. A decade ago, in a seeming acknowledgment of human bias, Rather replaced Cronkite's "And that's the way it is" with his own "And that's part of our world." What you've been watching, Rather seemed to say, is not the world, or even part of the world, but part of out world, through our filters.

Rather signed off. "This is real. And that's part of our world." While Rather was making claims about reality, he was in effect questioning these claims. The same can be said of the Society of Professional Journalists' Code of Ethics, the closest document that American journalists have to a professional oath. The code's changes, including the replacement of "objectivity" with words such as "truth," "accuracy," and "comprehensiveness," are creating a debate within the profession" (pp. 5-6).

What the window, mirror, net, and seesaw share is the idea that somehow journalism is an "objective" craft and that journalists are engaged in a basically passive endeavor. When sitting by a window, holding up a mirror, casting a net, or iniviting participants to ride on a seesaw, journalists, the story goes, are not active constructors of a story. Even when more active verbs are used to describe reportage, as when journalists "gather" poking their noses into an area where others have not yet one. "We don't choose the Man of the Year,: read an advertisement for Time's annual feature. "History does." One of the reasons no one has written a history of "objectivity" is that it's difficult to discuss an ethic that is defined by its practitioners' lack of perspective, bias, and even action.

detachment, nonpartisanship, inverted pyramid, reliance on facts (naive empiricism), balance

truth, fairness, balance they are all similar words, at least in terms of discussions on journalism

While nailing down "objectivity," the writer admitted, "is like nailing Jell-O," he argued that these practices, collectively known as "objectivity," are needed to win his trust (pp. 8-9).

ritual of objectivity, a series of professional routines designed to shield journalists from blame and legal action.

One journalist told me that "objectivity" was not attainable, but like the North Star, was a fixed mark to help journalists stay on the right course (p. 9).

Regarding inverted pyramid style of news writing
In chapter 3, I present evidence that it was not journalists, but the War Department that was using the form during the Civil War. Indeed, I discovered that one of the first writers of inverted pyramids was Edwin M. Stanton, Lincoln's secretary of war. Stanton has found his way into many histories of American journalism, but always because of his notoriety as a press censor. I reconcile Stanton's role as a writer of inverted pyramids with his tight rein in discourse, journalistic and otherwise, and see Stanton's "objective" news writing style and his censorship as related aspects of his repressive social control (p. 13).

By the last years of the nineteenth century, professional journalists' societies arose across America, textbooks told journalism students to "chronicle, don't comment," and wire services had embraced "objectivity" and the idea that reality lies between competing truth claims. But the idea that the world can be seen without human filters is, of course, problematic (p. 14).

[Ida] Well's critique showed that "balance," one of the components of "objectivity" mentioned in modern textbooks, often serves the status quo, and in the case of lynching, is a skewed and dangerous construction (p. 14)


from Conclusion
What we need Rather to do is explain his filters, to tell us how he interprets reality and why we should buy his interpretation. To do so would mean abandoning the myth "objectivity" (p. 142).

Winston Churchill once said that democracy is the worst form of government, except for all the other forms (p. 142).

But given the rising din of people hawking reality, we need to step back and honestly figure out what we do, what we make, what we see, in a world of filters, in a world without "objectivity" (p. 143).


Just the Facts: How "objectivity" came to define American journalism - David T. Z. Mindich

Deuze on Journalism

Liquid Journalism

by Mark Deuze

News is a product that commercial corporations sell to target audiences as defined by marketing departments. As a commodity, it has always competed with the tendency of people to make their own news: pirate radio, alternative media, using the office photocopier as "the people's printing press," activist newsletters pasted on city walls, gossiping in the local pub or market tavern. Yet much of this mediamaking behavior remained conveniently invisible to the journalists of the 20 th century heyday of mass media - a period Hallin (1992) called the "high modernism" of (American) journalism. Reporters and editors convinced themselves they could enact the people's wants and needs through a self-professed doctrine of social responsibility, allowing them to forge a seemingly "unified identity" and "centrality" in a public sphere largely devoid of cultural complexities or social diversity (Hallin, 2006: online). It is during this time that journalism, according to Hartley, emerged as the primary sense-making practice of modernity (1996: 12). In terms of journalism's "modernist bias of its official self-presentation" (Zelizer, 2004: 112), its scholars and its practitioners came to see the work and product of professional journalism as the cornerstone of modern society, and more particularly: the nation-state and its institutional elites. As Carey (1996) has noted explicitly: "Journalism is another name for democracy or, better, you cannot have journalism without democracy. The practices of journalism are not self-justifying; rather, they are justified in terms of the social consequences they engender, namely the constitution of a democratic social order" (online).

Much has changed since those days. Consider the following conclusion from a series of research projects by the Pew Research Center for the People & the Press in 2005: "Sitting down with the news on a set schedule has become a thing of the past for many time-pressured Americans [...] More people are turning away from traditional news outlets [...] At the same time, public discontent with the news media has increased dramatically. Americans find the mainstream media much less credible than they did in the mid-1980s. They are even more critical of the way the press collects and reports the news. More ominously, the public also questions the news media's core values and morality." Reports in most well established democracies around the world signal similar trends. Corporate journalism has lost its "sense of wholeness and seamlessness" observed by Hallin (1992: 14), but not necessarily because of the collapse of political consensus or increasing market forces, as he suggests. What journalism has lost, as it is produced within the confines of mainstream news media corporations, is 'touch' with what sociologists like to call reflexive or liquid modernity (Bauman, 2000). The contemporary condition of everyday life can best be understood as a process of radical "modernization of modern society" (Beck, Bonss & Lau, 2003: 1), where "liquid modern society and liquid life are locked in a veritable perpetuum mobile" (Bauman, 2005: 12). The key to these assumptions is the common perception among people of all walks of life that we live in times of fast-paced, uncontrollable, and unsettling radical change. In today's global society such a widely shared sense of accelerated change is no longer a break in the otherwise fairly stable routine of everyday existence; instead, it has become the structural condition of contemporary 'liquid' life: "We live today under conditions of permanent revolution . Revolution is the way society lives nowadays. Revolution has become human society's normal state" (Bauman, 2002: 17).

On the one hand, social philosophers like Beck, Giddens, Rorty and Bauman see the role media play in this process as a mere mirror of the changes taking place in world society. On the other hand, theorists like Manovich (2001), Levy (1997) and Fidler (1997), see a more independent role for media's impact on economical, political and cultural trends. Fidler, for example, attributes much of our sense of continuous change to "the unexpected cross-impact of maturing technologies" (1997: 2). This process, which Fidler calls 'mediamorphosis', suggests how a sense of revolutionary change is a given in the social shaping of technologies, even though the way people organize (and are organized by) the social exchange of information has not changed much in the history of news. Stephens (1988: 289), for example, has noted how the main differences between news through the ages has been its increased amplification, in turn largely facilitated through the introduction and development of new information and communication technologies (ICTs). It is in the way people engage disruptive new ICTs such as Internet that the conditions of permanent change get expressed. Technological innovation and adoption processes can be seen as evolutionary in a Darwinian sense, in that whichever technology - as in: device, code or protocol - is dominant at any given point in time is not necessarily the 'best', but rather the more 'fitting' with the prevailing culture. This in turn suggests that the various ways in which certain cultural industries - such as the news media - adapt and adopt new media tend to reinforce and perhaps subtly modify existing power relationships. The fascinating dilemma of understanding 21st century technological and social change thus must be how to reconcile a common sense of permanent revolution with a macro-theoretical observation of adaptive evolution. The key, I would argue, lies in the reciprocity of the two concepts, and this may be what makes our liquid modern times exciting as well as deeply unsettling. For the purposes of this essay, I aim to establish the mutually enabling characteristics of old versus new media as the basis for my consideration of the future of news.

Remediation

Bolter and Grusin (1999) dub the transitory process of old to new media as one of ongoing 'remediation', where old media are refashioned in new media which in turn force previous media to redesign themselves accordingly. Their work builds on the insights of McLuhan, stressing the mutual implication of old and new media. Extending such a definition of media, I would like to argue that 'media' in this context refers to its artifacts (cf. the hardware and software of ICTs) as well as its uses and social applications, as this allows us to see the symbiotic relationships between technological and social change when, for example, studying how news organizations refashion themselves to meet the demands of technology and society. Sennett (1998: 96) argues that "it takes institutions a long time to digest the technologies they ingest." This may be true. But it underestimates the perception and sense of continuous change the rapid introduction of new media bring to the workfloor of media industries, as noted by scholars of news production around the world like Singer, Boczkowski, Cottle, Domingo, Heinonen, Quinn, and Deuze. It is thus important to note that any consideration of the future of news and political communication has to involve not only an awareness of how the social systems of journalism and politics self-organize to adapt to new circumstances while maintaining their internal power structures, but also how the contemporary condition of liquid modernity and its sense of permanent revolution wreaks havoc on the very foundations of these institutions - at the same time.

The constant tweaking, revamping, developing, adopting as well as abandoning of new media in the office (as well as at home) is a relatively recent phenomenon, but it has accelerated in the last decade or so. It is exactly this period when contemporary observers have seen all kinds of rapid changes and feverish developments occurring in the realm of the social, particularly pointing towards the parallel trends of increasing globalization and individualization permeating all aspects of everyday life. Although people and social systems around the world respond to such sweeping changes differently, the impact of permanent revolution on society manifests itself most clearly in our increasing uncertainty, anxiety and disagreement about the exact meaning, role and function of such well-established features of modern life as the role of the state, the church, the family, and of professional journalism (Bauman, 2000). The added value of a social perspective offers media theory an important marker for understanding this status quo. The ambiguity of liquid modern life extends to the way we respond to and interact with new media. Fidler notes that we tend to overestimate the short-term impact of new media, failing to fully appreciate the complex and evolutionary trends expressed in the maturation processes of information and communication technologies. A more nuanced perspective, advocated by most contemporary scholars of new media, would move beyond such feverish expectations or delusions and look at new media in terms of how they take root next to and in a symbiotic relationship with existing media. Following Bauman, let me emphasize that these (r)evolutionary trends do not lead to some kind of 'new' stable media ecosystem as suggested by such media-centric approaches; no, disequilibrium and liquidity are the permanent condition, and get expressed both in the social as well as the technological.

Journalism and "high modernity"

Media as social institutions do not escape the sense of accelerated, unsettling change permeating liquid modern life, and it is exactly this notion of volatile, uncertain (global and local) flux that professional journalism fails to come to terms with. If we look at the various ways in which the news industry has tried to integrate, or at the very least give some kind of coherent meaning to, disruptive technologies like Internet and social trends like individualization or globalization, one can see how journalism still depends on its established mode of production, through which it largely (and unreflexively) reproduces the institutional contours of high (or: 'solid') modernity. Thus journalism, as it moved online in the late 1990s, consistently offered shoveled, repurposed and windowed content for free, cannibalizing on its core product while treating its Web presence as an advertisement for the offline product. In doing so, it remediated not only its product, but also its production process online, including but not limited to its established ways of doing things, its news culture, and its occupational ideology (Deuze, 2005). The primary function of the multitude online thus became the same as people were expected to behave offline, as publics : audiences to be sold to advertisers. In the same vein, journalism has engaged the individualized society in terms of its presupposed "audience fragmentation," which in turn has reified professional journalisms' position as the primary gatekeeper and information provider in society. Globalization has a particular impact on the making of news, as it forces journalists to translate events occurring all over the world involving all kinds of people to their local constituencies -communities made up of peoples, religions, and cultural practices with roots in different parts of the world. For most of the 20 th century journalists have ignored the complexities when covering 'the world', combining narrow-minded frameworks like Orientalism (as eminently argued by Edward Said), and ethnocentrism and small-town pastoralism (following Herbert Gans).

A new media ecology

The 21st century can tentatively be seen as a period when the developed world enters the second 'liquid' phase of modernity, where all existing modern social, economical and political institutions - organized religion, the nuclear family, professional journalism, the nation-state - have become what Giddens (2002) sees as hollowed out 'shell' institutions. Beck (2002) goes a step further, suggesting that most academic and professional observers of second modernity tend to interpret every social phenomenon within the gaze of the social institutions of 'solid' modernity - particularly the gaze of the nation-state - and thus have been guilty of practicing a 'zombie sociology'. Reinterpreting Beck's argument for the purposes of this essay, professional and high modern journalism can be considered to have been clinically dead for a long time - but it is unable to die. In this perspective, journalism makes a product without consumers, delivers news without effect, and claims social responsibility without a constituency that would legitimate such representation. Instead of being able to rely on such institutions for providing some automatic or consensual function in our lives, it is up to each and every one of us to enter into a complex and ongoing negotiation with them, of which the outcome will always be uncertain. This process coincides with the emergence of a post-industrial information culture, typified by Manovich (2001) as a global remix between culture and computers. The establishment of a global network society, as Castells (2000) has shown, further erodes the traditional foundations of a nation-based informed citizenry on which the social responsibility of the press is premised. As Castells would have it, the 'hypersociability' of networked individualism is the new form of postnational social cohesion, "enhancing the capacity of individuals to rebuild structures of sociability from the bottom up" (2001: 132). What is expected of us in such a society is to acquire the skills and resources necessary to navigate complex and interactive social and technological networks on our own. This shifts our core competencies away from so-called 'expert' systems - like journalism or the academe - to what Levy (1997) sees as a form of collective intelligence particular of cyberculture, where knowledge about any given topic or subject is based on the ongoing exchange of views, opinions and information between many rather than pulling the wisdom of a few. In this context, Hartley (2002) predicts the emergence of a global 'redactional' society, where the core competences once exclusively associated with professional journalism are increasingly necessary for every citizen to guarantee survival in a networked information age. Journalism has become not so much the property of what journalists do in order to sell news, but what people all over the world engage in on a daily basis in order to survive, coping with "modernity's extreme dynamism" (Giddens, 1991: 16), and the permanent revolution of liquid life (Bauman, 2005).

It is in this context that a new media ecosystem (Bowman & Willis, 2005), or new media ecology, is taking shape. I have previously drawn distinctions between different and recombinant functions of journalism in such a new media system, where its news professionals will have to find ways to strike a balance between their identities as providers of editorial content, and of public connectivity (as in providing and amplifying a platform for what Carey has posited as the discussion society ideal-typically has with itself). Secondly, the profession would have to articulate an equilibrium between its operationally closed working culture strictly relying on a ruling elite of 'experts', and a more collaborative, responsive, interactive or even dialogical journalistic culture (Deuze, 2003: 219). Of such a complex new media ecology one can see Internet (and all what we do online) as a primary manifestation, where people empowered by increasingly cheaper and easier-to-use technologies participate actively in their own 'newsmaking'. People engage each other and the global network of computers in a wide variety of ways, from responding via e-mail to a breaking news story to collectively producing 'citizen journalism' Websites powerful enough to influence presidential elections -as in the case of Ohmynews in South Korea. What is particularly salient about these trends is a further blurring of the carefully cultivated dividing lines between professional and amateurs, and between producers and consumers of media. Jenkins (2003) describes this development as the emergence of a 'convergence culture', indicating a shift within media companies towards a more inclusive production process fostering "a new participatory folk culture by giving average people the tools to archive, annotate, appropriate and recirculate content" (online). There is no doubt that a future news system will be based - at least in part - on an interactive and connective mode of production where media makers and users will co-exist, collaborate and thus effectively compete to play a part in the mutual (yet never consensual, as Niklas Luhmann has noted) construction of reality. On a concluding hopeful note, Balnaves, Mayrhofer and Shoesmith (2004) consider such a shift towards a more engaged, emancipatory and participatory relationship between media professionals and their publics an example of a 'new humanism' in the domains of public relations, journalism and advertising, constituting " an antidote to narrow corporate-centric ways of representing interests in modern society" (p.192).

Liquid journalism

For journalism, all of this means, in part, that value attributed to media content will be increasingly determined by the interactions between users and producers rather than the product (cf. news ) itself. However, the real significance of the argument outlined here is that we have to acknowledge that the key characteristics of current social trends - uncertainty, flux, change, unpredictability, or perhaps: 'kludginess' (paraphrasing Jenkins, 2004: 34) - are what defines the current and future state of affairs in how people make and use journalism all around the world, even though we can at the same time see how the traditional hierarchical organization of society extends into the information culture of the global network society. In terms of business praxis, this means we will see a bewildering variety of top-down, hierarchical and extremely closed-off types of corporate enclosures of the commons existing next to peer-driven forms of collaborative ownership regarding the manufacture of news. In terms of media production processes, we will continue to witness a mix of "one-size-fits-all" content made for largely invisible mass audiences next to (and infused by) rich forms of transmedia storytelling including elements of user control and 'prosumer'-type agency. In a way, it will be a mess - which makes the careful and socially realistic study of what people in their shapeshifting identities as consumers as well as producers of (news) media actually do all the more important.

Instead of lamenting or celebrating this process, or trying to find a fixed point somewhere in the future in our failed predictions of where we are going, we should embrace the uncertainty and complexity of the emerging new media ecology, and enjoy it for what it is: an endless resource for the generation of content and experiences by a growing number of people all around the world. Part of what will happen will reproduce existing power relationships and inequalities, for sure. Yet we are also witnessing an unparalleled degree of human agency and user control in our lived experience of mediated reality. A journalism that successfully embraces and engages this ecology will have to become fluid itself: a liquid journalism . The future of news will be determined by the extent of its liquidity, its ability to navigate the different and sometimes conflicting expectations of a world citizenry, and our willingness - as journalism scholars and educators - to teach students more than just the tools of a dead (or dying) trade. In its dominant, Western, and professional form, journalism is a zombie institution, incapable of dealing with the unsettling complexity of the problems and challenges in contemporary liquid life. So let me end on this slightly utopian note: to earn its legitimacy as one of the key sensemakers of liquid modernity, journalism (studies, education and praxis) has to evolve, and become a liquid journalism.

Mark Deuze is Assistant Professor in the Department of Telecommunications, Indiana University.

REFERENCES

Balnaves, Mark, Mayrhofer, Debra, Shoesmith, Brian (2004) Media professions and the new humanism. Continuum: Journal of Media & Cultural Studies 18, 191-203.

Bauman, Zygmunt (2000)Liquid modernity. Cambridge: Polity Press.

Bauman, Zygmunt (2002) The 20th century: the end or a beginning? Thesis Eleven 70, 15-25.

Bauman, Zygmunt (2005) Liquid life. Cambridge: Polity Press.

Beck, Ulrich (2002) Power and Countervailing Power in the Global Age. Cambridge: Polity Press.

Beck, Ulrich, Bonns, Wolfgang, Lau, Christoph (2003). The theory of reflexive modernization: problematic, hypotheses and research programme. Theory, Culture & Society 20, 1-33.

Bolter, Jay David, and Richard Grusin. (1999) Remediation: understanding new media . Cambridge: The MIT Press.

Bowman, Shaun and Chris Willis. (2005) Nieman Reports: the future is here, but do news media companies see it? (online). Hypergene blog entry Thursday 22 December 2005. URL: http://www.hypergene.net/blog/weblog.php?id=P327 [2005, December 24].

Castells, Manuel (2000) The rise of the network society. 2nd edition. Oxford: Blackwell.

Castells, Manuel (2001)The Internet galaxy. Oxford: Oxford University Press.

Carey, James (1996)Where journalism education went wrong (online). Presentation at the 1996 Seigenthaler Conference at the Middle Tennessee State University, US. URL: http://www.mtsu.edu/~masscomm/seig96/carey/carey.htm [2002, August 30].

Deuze, Mark (2003 The Web and its journalisms: considering the consequences of different types of news media online. New Media & Society 5, 203-230.

Deuze, Mark (2005) What is journalism? professional identity and ideology of journalists reconsidered. Journalism Theory Practice & Criticism 6, 443-465.

Giddens, Anthony (1991)Modernity and self-identity: self and society in the late modern age. Stanford: Stanford University Press.

Giddens, Anthony (2002) Runaway world: how globalization is reshaping our lives. London: Routledge.

Hallin, Dan (1992) The passing of the "high modernism" of American journalism. Journal of Communication 42, 14-25.

Hartley, John (1996)Popular reality: journalism, modernity and popular culture. London: Arnold.

Hartley, John (2002) Communication, cultural and media studies: the key concepts. 3rd edition. London: Routledge.

Jenkins, Henry (2003). Quentin Tarantino's Star Wars? Digital cinema, media convergence and participatory culture (online). In David Thorburn and Henry Jenkins (eds.), Rethinking media change. Cambridge: MIT Press. URL: http://web.mit.edu/cms/People/henry3/starwars.html [2005, October 25].

Jenkins, Henry (2004). The cultural logic of media convergence. International Journal of Cultural Studies 7, 33-43.

Lévy, Pierre (1997) Collective intelligence: mankind's emerging world in cyberspace. Translated by Robert Bononno. Cambridge: Perseus Books.

Manovich, Lev (2001) The language of new media . Cambridge: MIT Press.

Zelizer, Barbie (2004) When facts, truth and reality are God-terms: on journalism's uneasy place in cultural studies. Communication and Critical/Cultural Studies 1, 100-119.

http://frank.mtsu.edu/~pcr/1601_2005_winter/roundtable_Deuze.htm

Privacy & Lurking

스포츠서울의 이효리 열애설 보도 어떻게 봐야 하나? (content drawn from dailyseop.com)

[칼럼] 기자를 교육하는 강사가 본 이효리 사건
입력 :2008-09-20 10:19:00 이승훈 칼럼니스트
이효리 열애설을 보도한 모스포츠신문사와 이효리 측 사이에 명예훼손, 초상권, 프라이버시 침해 등으로 논란이 벌어지고 있습니다.

스포츠서울닷컴 기자 블로그에서는 권리침해를 주장한 이효리 측에 대해서 "(우리 나라 연예계 풍토의 뻔한 사고대응 방식인) '부인-법적대응-잊혀질 때까지 시간끌기'를 보이고 있다"고 할리우드 연예계를 보도하는 미국 언론과의 풍토를 대비하면서 (우리 나라에서는) 기자생활이 어렵다는 고충을 토로하고 있습니다.

▶ 관련기사 : 명예훼손,초상권침해,사생활침해?..."이효리 때문에 기자생활 회의 느낀다" -스포츠서울 블로그(2008.9.18) 바로가기

그러나 스포츠서울 측의 이 같은 하소연이 독자들에게 설득력을 가질 수 있을지 의문입니다. 이미 해당 블로그 댓글에는 스포츠서울닷컴 측을 비난하는 댓글로 가득찬 상태네요. 이효리 열애설 보도 과정을 이효리측의 반론과 스포츠서울측의 재반론을 통해서 살펴보고 과연 명예훼손 등에 해당하는지 알아보겠습니다. (일단, 공연성 기타 등등 명예훼손성립을 위한 다른 구성요건 요소들은 논란이 되지 않는다고 보고 논란이 되고 있는 부분만을 따로 분석합니다.)

일단, 한국법체제상 명예훼손의 기본 법리는 진실을 보도해도 명예훼손이 될 수 있다는 점에서 진실을 보도하면 명예훼손이 되지 않는 미국법체계와 다르다는 점을 주의해야 합니다. 미국의 경우는 진실을 보도할 경우는 프라이버시 아니면 비방·중상에 관한 불법행위로 다스리기 때문에 진실을 말할 때도 절대적으로 처벌받지 않는 것은 아니지만 어쨋든 이런 점에서 볼 때 우리 나라의 경우는 미국보다 명예훼손이 성립하기가 쉽습니다.

또, 우리 나라의 경우는 명예훼손의 구성요건에 해당하더라도 공익에 관한 내용으로서 진실한 보도일 때는 위법성을 조각해서 명예훼손이 성립할 수 없도록 하고있는데 이번 사건은 출판물에 의한 명예훼손이기 때문에 일반적인 명예훼손과는 달리 보아야할 필요가 있습니다. 출판물에 의한 명예훼손의 경우는 이러한 명예훼손의 위법성 조각사유가 적용되지 않기 때문이지요.

그렇다 하더라도 출판물에 의한 명예훼손의 경우는 비방의 목적이 있을 것을 요구하기 때문에 무조건 처벌되는 것은 아닙니다. 여기서 비방의 목적이 있다 없다를 판단하는 것은 매우 어려운 일입니다. 판단하기가 애매할 경우 우리 판례경향은 공익과의 관련성을 따져 비방의 목적을 판단합니다. 해당 사안이 공공의 이익에 관한 것일 때는 일단은 '비방의 목적'이 없다고 보는 것이죠. 이렇게 비방의 목적이 없다고 추정되면 입증책임이 상대방에게 넘어가기 때문에 공익성의 존재 여부에 대한 판단은 매우 중요한 부분입니다.

대법원의 확립된 판례경향은 이렇습니다. "사람을 비방할 목적이란 가해의 의사 내지 목적을 요하는 것으로서 공공의 이익을 위한 것과는 행위자의 주관적 의도의 방향에 있어 서로 상반되는 관계에 있다고 할 것이므로, 적시한 사실이 공공의 이익에 관한 것인 때에는 특별한 사정이 없는 한 비방의 목적은 부인된다" 대법원 1998. 10. 9. 선고 97도158 판결에서 나온 '비방의 목적'에 관한 정의인데 대법원 2000. 2. 25. 선고 98도2188 판결에 그대로 똑같이 사용됩니다. 확립된 판례 경향인 것이죠.

이번 사안의 경우 스포츠서울기자 블로그는 "이효리가 국내 톱스타이고 대중이 이효리의 뉴스를 즐겁고 비중있게 소비하고 있다면 문화적인 측면에서 (이효리의 사생활을 다루는 기사에) 공익적인 면이 없다고 말할 순 없다."고 말하고 있지만 이 주장은 대중적 관심을 공익으로 바로 치환하는 논리에 근거하고 있기 때문에 실제로 법적공방을 한다면 스포츠서울측의 주장이 받아들여지지 않을 가능성이 높습니다. 언론사의 경우는 공기(公器)로 여겨지기 때문에 애매한 경우 언론사의 보도는 대체로 공익적 목적이 있다고 봐줍니다. 일반 블로그 글들에 대한 일종의 특혜라고 할 수 있습니다.

그런데 스포츠서울이 보도한 기사의 내용은 이효리가 재벌2세와 열애를 하고 있다는 내용인데요, 이것은 대중적 관심사항일 수는 있지만 이것이 공익에 관한 사항이라고 말할 수는 없습니다. 대중적 관심을 끄는 아이템이라면 아무런 제한 없이 '공익'을 주장하면서 무조건 보도할 수 있다고는 말할 수 없기 때문입니다. 난장판이 되는 언론, 미디어를 바라는 것은 아니겠지요? 스포츠서울 쪽의 글을 읽다보면 스포츠신문의 입장에서는 "대중적 관심, 그게 바로 '공익'이다"라고 하는 것 같은데 그건 너무 자기중심적 발상입니다.

결론적으로 스포츠서울의 보도는 따로 공익 관련성을 제시하지 못하는 이상 출판물에 의한 명예훼손에서 조금 불리한 입장에 있습니다. 자칫 "이효리라는 배우도 역시 어쩔 수 없이 재벌2세와..." 하는 오해를 불러일으킬 수도 있거든요. 여기서 다시 스포츠서울 쪽에 불리한 사정은, 이효리측이 "모임이 오래전 부터 여러 사람이 같이 지내왔던 친목모임이고 해당 장소에서도 여러 사람들이 같이 있었는데도 불구하고 스포츠서울이 이효리와 재벌2세 모씨만을 따로 편집해서 열애설에 맞춰 보도했다는 점에서 스포츠서울 쪽이 사실관계를 왜곡했다"는 주장을 하고 있다는 것입니다.

주변 맥락 설명이나 '열애설'로 유도하는 정황 설명이 없이 단순히 이효리씨와 재벌2세가 같이 수영장에 있는 모습을 보도한다면 프라이버시침해 문제는 차치하고 명예훼손의 문제는 '비방'의 목적을 확인하는 부분이 어렵게 됩니다만 이번 스포츠서울의 보도는 '열애설'로 몰아갔다는 측면에서 비방의 목적 판단이나 진실한 서술 여부에 대한 판단에서 스포츠서울쪽이 스스로 문제를 악화시켜서 더욱 더 불리한 상황에 이르렀습니다. 확인 없이 사실관계를 왜곡했다면 진실한 내용을 말한 것으로 보기는 어렵습니다.

그럼 이제 초상권과 프라이버시 침해의 문제를 볼까요? 초상권과 프라이버시의 문제는 사실 우리 나라에서는 입법을 위한 시도가 있기는 했지만 아직까지 구체적인 법조항이 마련되지 않은 상태이고 헌법상의 기본권의 한 내용으로 취급되고 있습니다. 조리(일반적인 상식)에 따라 취급되고 특별한 법규가 없다보니 형사적으로는 주거침입이나 명예훼손 안에서 다뤄지는 경우도 있고 아직 체계적이지 못합니다.

미국의 프라이버시권의 경우는 판례상 형성돼 있고 이것들이 Video Voyeurism Prevention Act (비디오관음방지법) 등 개개 법률에 규정이 되어가고 있는 추세인데요 사생활의 비밀과 자유에 관한권리, 주거와 통신의 불가침 등 기타 권리를 포함하고 있는 넓은 개념입니다. 우리 나라의 경우는 특별히 주거와 통신은 따로 규정돼 있기 때문에 사생활의 비밀과 자유에 관한 권리에 한정해서 프라이버시권을 이해하고 있습니다.

프라이버시권의 내용은 비밀유지의 권리 즉, 개인의 사생활에 관한 부분을 본인의 의사에 반해 공개되지 않도록 요구할 권리. 개인의 사적인 생활사의 공개금지 권리 등으로 구성되는데 개인의 사적인 생활사의 공개가 불법으로 되기위해서는 1, 사실을 공공연하게 공개하는 행위일 것, 공개된 사실은 사적인 사항일 것, 비밀침해의 정도는 보통의 감수성을 가진 합리적인 인간의 감정을 침해하는 것일 것 등입니다.

이번 열애설 보도에서는 이효리의 열애설 당사자로 지목된 재벌2세 최모씨의 얼굴이 노출됐다는 점에서 초상권 침해 부분은 좀 더 넓게 부각될 것 같네요. 사인들이 모인 공간에서의 사생활에 관한 부분을 은밀히 접근해 취재했다는 점에서 프라이버시 침해 논란도 발생하게 됩니다만 호텔 수영장에서 노출된 행위를 보도하는 것이 프라이버시 침해가 될지는 확정적인 언급을 할 수 없습니다. 프라이버시 침해의 요건 중에서 비밀침해의 정도가 얼마나 중하냐는 부분에서 판단이 갈릴 수도 있기 때문입니다. 구체적인 정황을 더 봐야합니다만 밝혀진 게 없으니 이쯤에서 마무리 하겠습니다.

스포츠서울이 초상권 침해와 프라이버시 침해의 책임을 벗어나는 방법은 공익을 내세우는 것이 최선책이지만, 공인이나 준(準)공인도 사생활 영역이 있기 때문에 이들에 관한 사항이 바로 공익에 관한 사항이 되는 것도 아니며 앞서 말한 바와 같이 대중적 관심을 끄는 사항이 바로 공익과 관련이 있다고도 말할 수 없기 때문에 초상권 침해와 프라이버시 침해의 책임이 없다고 주장하기에는 상당히 어려움이 있을 것으로 보입니다.


한편, 스포츠서울이 이번 열애설 보도를 함에 있어서 몰래카메라 취재를 했다는 점에서 또 다른 문제를 불러일으킵니다. 몰래카메라와 관해 1997년 푸드라이온 대 ABC 사건 판결이 났는데 이 때부터 전세계 언론사들에게 보도 방법상, 절차상의 적합성에 대한 인식이 생겨나기 시작할 정도로 그 사건은 획기적인 사건입니다. 현재는 보도 방법상 절차상의 적합성을 지켜야할 요구가 높아진 상태입니다. 몰래카메라 보도를 전문 용어로 러킹(Lurking)이라고 합니다. 러킹으로 취재를 하면 일단 그 자체가 불법행위로 돼 문제가 되고 공익과의 관련성이 없으면 프라이버시 침해 논란이 발생하는 경우가 일반적입니다. 푸드라이온 사건에서는 공익과의 관련성이 있었음에도 불구하고 러킹 부분에 불법행위를 인정해서 벌금을 매겼습니다.

스포츠서울 쪽은 헐리우드 언론 보도에서는 "세계적인 톱스타들의 속옷노출 사진은 물론이고 클럽출입 장면 등등 지극히 사적인 사진들까지 그대로 보도된다"면서 그래도 아무 문제 없다는 듯 말하고 있지만 이는 프라이버시법에 관한 법리에 대한 무지에서 비롯된 발언입니다. 미국에서는 프라이버시 법리상 많은 사람들의 눈에 노출된 열린 공간에서의 행위를 보도하는 것은 프라이버시 침해가 될 수 없다는 '공적영역 사적영역 이분법'이 통용돼 있거든요. 우리 나라의 경우는 프라이버시 침해가 될 수 있다는 점에서 미국법 우리나라법이 다른 겁니다.

즉,세계적인 톱스타가 차량에서 내려 시상식으로 가려는 순간을 찍으로 포토라인에 기다리고 있다가 우연히 치마 속 팬티 노출 장면이 보여 이를 사진으로 보도하면 이는 공적영역(대중의 시선에 노출된 곳)에서 벌어진 일이라서 프라이버시 침해가 되지 않을 가능성이 높습니다. 클럽에 들어가는 장면을 찍어도 공적 영역에서 벌어진 일이라 당연히 아무런 문제가 되지 않습니다. 그러나 은밀히 스타의 사적 영역에 잠입해서 그러한 사진을 찍으면 그 언론사는 사적영역에서 벌어진 일이라 프라이버시 침해가 인정될 가능성이 높습니다.

그런데 이런 미국에도 최근에는 공연히 노출된 공간에서의 행위를 보도하는 것에 대해서 '공적영역 사적영역 이분법'으로 일률적으로 처리하는 것이 불합리하다는 주장이 강력히 제기되고 있습니다. 이런 주장을 하는 학자가 프라이버시법 분야의 세계적인 권위자인 다니엘 J 솔로브교수입니다. 솔로브교수의 주장에 따르면 노출된 공간에서도 보호돼야할 프라이버시는 있다는 거지요. 예를 들자면 마트나 약국에서 생리대나 비만퇴치약을 사는 행위가 노출된 공간에서 벌어진 일이기 때문에 그런 (수치스러울 수 있습니다) 부분을 밝혀서 보도해도 프라이버시 침해가 안된다는 기존의 논리는 불합리하다는 겁니다.

설명이 길었습니다. 지금까지의 설명을 간단히 요약하겠습니다.

1.명예훼손법리와 프라이버시 법리는 우리나라와 미국의 법리가 서로 다르다.

2.출판물에 의한 명예훼손의 경우는 일반적인 명예훼손과는 달리 공익에 관한 진실한 사항을 보도해도 명예훼손이 성립할 수 있다.
3.출판물에 의한 명예훼손의 경우는 보도 대상에 대한 비방의 목적이 있어야만 성립한다.
4.비방의 목적의 판단은 공익과의 관련성에서 판단되는 경우가 일반적이다.

5.스포츠서울은 대중적관심 사항이 곧 공익에 관한 사항이라고 하지만 대중적관심사항이 곧 공익에 관한 사항이 되는 것은 아니다.
6.스포츠서울의 보도는 열애설로 몰고 갔다는 측면에서 비방의 목적 존재 여부에서 불리하다.
7.사적영역에 몰래 잠입해 취재하는 러킹 취재는 그 자체로 불법행위이며 프라이버시 침해로 이어진다.
8. 스포츠서울의 보도는 개인에 관한 사사(私事)의 공개로 되어 일단 프라이버시침해로 될 가능성이 높고 비밀침해 정도가 평균인의 감정을 침해하는 정도냐에서 침해여부에 대한 판단이 갈려질 수 있다.

9.할리우드 연예통신에서 보이는 스타속옷 사진 보도는 많은 사람들의 눈에 노출된 것을 보도하면 프라이버시침해가 안된다는 미국법 특유의 공적영역 사적영역 이분법에 따른 것이고 우리 나라는 이와는 달리 규율된다. 그리고 미국내에서도 공적영역 사적영역 이분법에 따른 프라이버시 규율이 부당하다는 주장이 제기되고 있는 중이다

10. 결론적으로 스포츠서울은 출판물에 의한 명예훼손과 초상권 침해, 프라이버시침해, 러킹에 의한 불법행위 등이 인정될 가능성이 높기 때문에 지금처럼 "언론사가 도대체 잘못한 게 뭐 있냐"는 식으로 나오면 여론마저 돌아서고 사정은 악화되기만 한다. 자중해야 한다.

부연 : 제가 확정적 어조를 쓰지 않고 '가능성'이라는 표현을 쓰는 이유는 제가 법관도 아닌데다가 구체적 사정을 완전히 다 알 수 없는 상황에서 쓰기 때문입니다. 일단 지금까지 양쪽에서 언급된 상황을 봤을 때 제 개인적인 견해는 스포츠서울의 불법행위가 인정될 가능성이 높다는 쪽입니다.

이 같은 사항을 스포츠서울이 법적 논란을 벗어나면서 보도하려면 어떻게 해야할까요?

일반적인 언론사의 경우 : 이번 경우는 사사로운 일에 관한 보도이기 때문에 사사로운 일들이 벌어지고 있는 영역에 대한 접근 및 취재에 대한 사전 양해를 구해야 합니다. 사전 양해가 없으면 사후 동의라도 받아야 합니다. 사전 양해, 사후 동의를 받을 수 없다면 플레인뷰 원칙(많은 사람들에 노출된 공간에서의 일을 취재하는 것에 대한 일반인의 묵시적 승인)이 있는지 판단하고 이것도 애매할 때는 공익과의 관련성을 판단해 보도를 결정하게 됩니다. 대중적 관심사항만으로 공익과의 관련성이 인정되지 않기 때문에 대중적 관심사항 외에 공익과의 관련성이 어떤 것이 있는지를 판단해서 보도를 결정합니다. 공익관련성이 인정돼도 잠입취재는 별도로 불법행위가 성립될 수도 있습니다.

막가파식 언론사의 경우 : 공익과의 관련성 생각하지 않고 무조건 구독수를 늘리기 위해 일정부분 비난을 받는 것을 감수하고서라도 법적 책임만 안받으면 된다는 막가파식 언론사의 경우에는 일단 사적 영역에 침입하는 것은 역시 허용되지 않기 때문에 공적인 영역(많은 사람들의 눈에 쉽게 띄는 영역이라는 뜻임)에서 죽치고 찬스를 노려야합니다. 공적인 영역에서 운좋게 사진을 확보했다면 소설 쓰듯 없는 말 지어내지 말고 솔직담백하게 있는 그대로 "~하는 모습이 찍혔다"로 보도합니다. 물론 이 때도 허용되는 경우는 수정헌법 1조, 공적영역 사적영역 2분법 관행 등 표현의 자유가 매우 강하게 보호되는 미국이라는 나라의 특수한 법체계 하에서 허용된다는 것입니다. 우리 나라에서는 인정되지 않을 가능성이 높습니다. 공적인 영역에서 여배우가 차에서 내리다가 실수로 팬티가 보였는데 이를 보도하면 외국법상에서는 프라이버시침해와 명예훼손죄가 성립하지 않을 가능성이 높지만 우리 나라 법에서는 다릅니다. 문화가 다르거든요. 그 사회의 평균적인 감수성을 가진 사람의 감정을 침해했느냐의 여부가 중요합니다.

덧붙여, 블로거 기자의 경우 : 블로거 기자는 언론사 기자와는 다르게 언론으로 취급되지 않는 것이 우리 나라 법제도입니다. 언론사 기자에 비해 불리한 부분은 출판물에 의한 명예훼손 부분에서 '비방의 목적'여부에서 특별한 사정이 없으면 비방의 목적이 없다고 봐주는 언론사 기자보다 불리합니다. 공익성 여부를 신중히 판단하셔야합니다. 장황하기는 하지만 지금까지 위에서 제가 설명한 부분은 중요하니 이 부분을 명심하시고 글을 쓰셔야합니다. 명예훼손으로 벌금 무는 블로거들 수도 없이 봤습니다. 명예훼손, 프라이버시, 저작권 침해 문제와 관해 궁금하신 점이 있으면 메일 주세요. 언제든지 답변 드리겠습니다.

이승훈/칼럼니스트

Fairness / Objectivity in Korean Journalism

방송 ‘공정성’ 심의, 위헌 논란
정치 잣대로 방송제작자 양심 칼질…19조(양심의 자유)·21조(언론의 자유) 위반

2008년 07월 08일 (화) 21:23:58 김세옥 기자 / PD journal

방송통신심의위원회(위원장 박명진, 이하 방통심의위)가 미국산 쇠고기의 광우병 위험성 논란을 보도한 MBC 이 공정성·객관성과 관련한 방송심의 규정을 위반했는지 여부를 심의할 계획인 가운데, 방통심의위의 방송 공정성 심의가 위헌이란 지적이 언론계 안팎에서 나오고 있다.

이들 안에서도 일체의 공정성 심의가 위헌이라는 주장부터 기준과 주체에 따라 위헌 여부가 결정된다는 의견까지 각론은 다양하게 전개되고 있지만, 정파에 따라 심의위원들이 안배된 현재의 방통심의위가 현재의 방송심의 규정에 의거해 방송의 공정성 심의를 하는 것은 위헌이란 주장은 동일하다.

■ ‘공정성 심의’ 불신케 하는 6대 3 구조= 현재 방통심의위는 보도가 ‘방송심의에 관한 규정’ 중 사회적 쟁점이나 이해관계가 첨예한 사안을 다룰 때 공정성과 균형성을 유지했는지(제9조 공정성), 불명확한 내용을 사실인 것으로 방송해 시청자를 혼동하게 했는지(제14조 객관성) 여부를 집중 검토하겠다고 밝힌 상태다.

그러나 방송 보도의 공정성을 심의하겠다는 방통심의위의 구조 자체가 공정한 심의를 불가능하게 한다는 지적이다.

방통심의위는 대통령·국회의장·국회 상임위가 3명씩 추천한 9명의 민간위원으로 구성된 합의제 기구로, 방통심의위원의 여야 추천 비율은 6대 3이다. 문제는 여야 추천으로 선임된 이들 방통심의위원들이 정치적 이해에서 자유롭기 힘들다는 점이다.

양문석 언론개혁시민연대 사무총장은 “6대 3 구조 아래에서 모든 공정성은 6의 입맛에 맞아야만 공정성으로 인정받을 수 있다”며 “공정성을 평가하는 일 자체가 결국 정파에 따른 편향성을 드러내는 것으로, 결국 공정성이란 개념 자체는 성립될 수 없다”고 지적했다.

실례로 방통심의위가 지난 1일 ‘조·중·동 광고주 압박’ 게시글에 대한 삭제 결정을 내렸을 당시 이에 대한 위원들의 찬반은 정확히 6대 3이었다. 방통심의위 체제의 한계가 그대로 드러난 결정이라는 지적이 언론계는 물론 방통심의위 내부에서도 나올 정도였다.

그밖에도 방송위원회(현 방송통신위원회) 산하 보도교양심의위원회는 MBC ‘송두율과 국가보안법’ 편(2004년)과 KBS라디오 <안녕하십니까 이몽룡입니다>와 MBC라디오 <손석희의 시선집중>이 김정일 국방위원장의 비공식 대변인으로 통하는 김명철 조미평화센터 소장 인터뷰(2006년) 등에 대해 한나라당이 문제를 제기하자 뒤늦게 심의에 착수, 각각 ‘일반권고’와 ‘혐의없음’ 결론을 내려 언론계 안팎으로부터 ‘정치권 눈치보기’에 대한 비판을 받았다.

양 총장은 “방통심의위의 법적 지위가 민간 심의기구로 돼있긴 하지만 재원을 국가예산 그리고 준조세에 해당하는 방송발전기금으로부터 조달하며, 국가 권력기관인 국회 등에서 위원들을 지명하는 만큼 사실상 국가기관으로 볼 수 있다”면서 “이런 국가기관에서 방송 보도의 공정성을 심의한다는 것은 헌법이 보장하고 있는 언론의 자유(제21조 1항)와 검열금지(제21조 2항)를 위반하는 일로 위헌”이라고 주장했다.

윤성옥 방송협회 연구위원도 “개인적으로 방송 공정성 심의 자체를 위헌이라 생각하진 않지만, 현재의 방통심의위 구조 아래선 공정성과 관련한 어떤 심의 결과를 내도 (방송사들이) 수용할 수 없을 것이라고 본다”고 말했다.

양 총장과 윤 위원은 민간 기구에 의한 공정성 심의에 대해선 ‘사회적 합의’와 ‘구체적인 기준’ 등을 전제로 고민해 볼 여지가 있다고 주장했다. 이들은 미국 방송협회(NAB)와 일본 방송윤리 프로그램향상 기구(BPO) 등 민간기구에서 공정성 심의를 담당하고 있는 사례를 언급하며 “권력기관이 언론자유를 훼손하는 성격이 아닌, 방송의 질을 고양시키기 위한 심의기관은 있을 수 있다고 본다”고 말했다.

■공정성은 윤리의 문제, 심의가 아닌 토론의 대상= 그러나 최영묵 성공회대 사회학과 교수는 심의의 주체를 떠나 방송의 공정성을 심의한다는 것 자체가 문제라고 지적했다.

최 교수는 “공정성은 윤리의 문제로 프로그램을 제작·보도하는 방송인들이 내면화해야 할 가치 기준”이라면서 “방송인들이 자신의 양심에 근거해 보도를 했음에도 불구하고 공정성과 관련한 논란이 생긴다면 이는 토론을 해야 할 문제이지 심의의 대상일 수 없다”라고 말했다.

최 교수는 “현행 방송심의규정은 공정성을 심의할 수 있다고 하지만, 공정성 심의를 위한 기준을 만드는 일 자체가 또 하나의 주관적 기준을 만드는 것일 뿐”이라면서 “어떤 기준으로 심의를 하든지 헌법이 규정한 양심의 자유(제19조)를 침해할 수밖에 없다”고 주장했다.

최 교수는 일체의 방송에 대해 정부가 직접규제를 하지 않는 일본과 공영방송인 BBC의 보도 영역은 제외한 채 심의를 하는 영국 등의 사례를 언급하며 “표현의 자유를 제약하는 규정들을 완화하는 게 세계적 추세인데, 이명박 정부는 모든 부분에 대해 규제완화를 말하는 반면 정작 방송과 관련해선 ‘박통식’ 규제를 하려 한다”면서 “언론에 대한 탄압으로밖에 해석할 수 없다”고 비판했다.

반면 한상혁 변호사(법무법인 정세)는 공정성이란 개념에 대한 구체적 기준의 마련을 주장했다. 한 변호사는 “방송심의라는 것 자체가 헌법이 보장하고 있는 표현의 자유를 제한하는 내용인 만큼 최소한도로 이뤄져야 하는 게 원칙”이라면서 “자의적 개념인 공정성이란 심의기준이 심사기준으로 활용되면 (표현의 자유가) 과도하게 제한될 우려가 높다”고 지적했다.

한 변호사는 “공정성 심의가 위헌 논란에서 자유로우려면 ‘공정성’이란 개념의 구체적 기준에 대해 합의를 이뤄낼 필요가 있다”고 말했다.


‘공정성 심의’ 가이드라인 만들어지나
19일 국회 문방위 업무보고… "공정성 심의규정과 체계 마련"

2008년 09월 19일 (금) 15:42:39 김고은 기자 / PD Journal

논란이 끊이지 않았던 방송 공정성 심의에 관한 체계가 정비된다. 방송통신심의위원회의 방송통신위원회의 업무 중복 문제와 심의위의 독립성 문제 등도 관련 법령 정비 절차를 밟게 된다.

방송통신심의위원회는 19일 문화체육관광방송통신위원회 업무보고에 앞서 배포한 업무현황 자료에서 “방송의 공정성 기준을 구체화함으로써 사회 각계가 공감할 수 있는 공정성 심의규정과 체계를 마련”하겠다고 밝혔다.

이 같은 결정은〈PD수첩〉 ‘광우병 방송’ 심의에서 보듯 공정성 심의가 항상 정치·사회적 시비의 대상이 되고, 공정성에 관한 조항 자체가 자의적이며 위법적이란 지적이 제기된데 따른 조치로 보인다.

심의위는 △미·일 및 유럽 선진국가 등의 방송의 공정성 관련 규범 및 현실적 적용 등을 포함한 해외사례를 조사하고 △새로운 공정성 관련 규정의 적용방식 및 가이드라인(안)을 마련해 사회 일각에서 제기되고 있는 공정성 규정의 모호성 주장 논란과 관련, 공정성 기준을 보다 구체화하고 사회각계의 다양한 의견을 수렴하여 기준을 정립할 방침이다.

“심의위, 외부 간섭으로부터 독립성 약화”

심의위의 위상 및 직무 관련 법령 정비도 추진된다. 심의위는 위원의 위촉기간이 상이해 임기 종료 후 후임 위원 위촉 시까지 업무공백이 발생될 수 있으며, 직무를 수행함에 있어 외부의 지시·간섭으로부터의 독립성이 기구통합 이전에 비해 약화됐다고 지적했다.

방통심의위는 또 심의위가 방송·통신 내용심의에 대한 실질적인 결정을 함에도 불구하고, 행정처분 및 재심권한은 방송통신위원회가 보유함으로써 심의위원회 직무의 독립성 및 행정의 효율성을 저해한다고 밝혔다. 행정기관인 방송통신위원회의 재심 관여로 심의위원회의 업무독립성을 저해하는 결과를 초래한다는 것이다.

심의위는 이에 방송통신위원회와 협의 하에 관련 법령 개정을 추진할 계획이다. △후임 위원 선임 지연시 현 위원이 직무를 계속 수행케 하고, 모든 외부 지시 간섭으로부터 위원의 직무 독립성을 명시 △재심권한을 심의위원회로 이관하거나, 재심제도 없이 사법적 구제절차로 변경하는 방안 강구 등이 주요 골자다.

McArabism & al Jazeera

Rinnawi’s book offers us a wealth of information about the past and present state of Arab media and the changing shape of the imagined Arab community. It distinguishes between previous pan-Arabism (a disparate community brought loosely together by state owned media through pop culture and radio) and contemporary McArabism that is based largely on news (rather than songs) created by media organizations that are significantly more commercialized, less state controlled, and more supportive of social (not necessarily political) liberalization. His key argument is that McArabism is a product of globalization, a hybrid that is as much based on imitation of Western formats (e.g., imitating CNN) as on Arab political values (e.g., about Palestine).

Rinnawi reminds us that satellite media were endorsed by Arab governments initially as a way of creating pan-Arab content that would be popular and coherent with Islamic values to preempt the effects of media liberalization (e.g., American values and programs). However, McArabism took on a life of its own despite continuing government attempts to reign it in (see chapter 5), and the transformation in political economy in Arab media has resulted in a more critical and participatory public sphere and civil society across the Middle East. On this last point, though, Rinnawi offers mixed praise for al-Jazeera and argues that CNN is more neutral.

on Instant Nationalism: McArabism, al Jazeera, and Transnational Media in the Arab World
taken from a review written SOEK-FANG SIM

The Unpredictability of the Past

face up to history!

historical amnesia

japan's constitution articles 9, with its famous renunciation of war as an instrument of the state

Political volatility of war-related memories.

Asahi Shimbun printed a story claiming that several right-wing politicians had pressured the NHK public television network into revising a documentary on the Imperial Army's wartime system of sexual slavery.

Asia-Pacific War

Many observers believe that Beijing is exploiting the history of the Asia-Pacific War to whip up Chinese nationalism during a time of considerable social disruption at home (pp. 5-6).

Asia-Pacific War, Pacific War, Greater East Asia War, Fifteen-Year War, Anti-Japanese War, the War of Resistance, World War II (against Fascism)


The First Revisionist: Booner Fellers, Herbert Hoover, and Japan's Decision to Surrender / Haruo Iguchi
War Memories across the Pacific: Japanese Visitors at the Arizona Memorial / Yujin Yaguchi

Halbwachs and Anderson from Yasukuni article

French sociologist Maurice Halbwachs (1992) proposed the concept of collective memory and posits that memory is a social activity accomplished not in the privacy of one’s own gray matter but via shared consciousness with others. Thus, our memory truly rests not on learned history but on lived history and mediated history at the present. Zelizer (1995), a journalism scholar, summarizes discussions about collective memory as follows:
…the collective memory comprises recollections of the past that are determined and shaped by the group…collective memory thereby presumes activities of sharing, discussion, negotiation, and, often, contestation. Remembering becomes implicated in a range of other activities having as much to do with identity formation, power and authority, cultural norms, and social interaction as with the simple act of recall. (p. 215)


Scannel (2000) explains how the mass media produce a pervasive social and historical mood with their message in what he called as “for-anyone-as-someone structure”. By “for-anyone-as-someone structure,” he means the powerful effect of the mass media that works not only on individual level but also on the social context level. Therefore, it is possible to assume that the experience of the public is shared and believed to be true in the historical mood. This is the reason Scannel notes that “when I turn on the news I am spoken to while knowing that millions of others are watching at exactly the same time and seeing and hearing exactly the same things” (p. 11). Scannel argues that the historical mood always manifests as what it is and provides the texture of lived experience, the structure of feeling, and the climate of the times. Thus, in the mass media “history is relocated: it is no longer ‘then’ but ‘now’, no longer ‘there’ but ‘here’ (p. 21).

Scannel’s (2000) explication of what appears to be the lopsided power relationship between media and audiences in the modern society seems to rearticulate the nature of framing. He argues that the idea of getting a message across successfully suggests three things simultaneously: “that the communicative process was essentially manipulative, that the communicator was powerful…and that those on the receiving end were powerless” (pp. 6-7). Although he does not include newspapers, because he is more interested in electronic media, we can assume that his theorization of “for-anyone-as-someone structure” also involves print media. In the Yahsukuni Shrine controversy, considering that extremely different views have appeared in the national media of the countries involved, it seems logical to assume that the national news media might have applied certain frames because they reflect their nations’ perspective on the issue.


As Zelizer (1995) notes, remembering is closely related to identity. Identities are constructed by shared memory transmitted through media. They are produced “in specific historical and institutional sites within specific discursive formations and practice, by specific enunciative strategies” (Hall, 1996, p. 4). According to Hall (1996), is a socially constructed phenomenon:
I use ‘identity’ to refer to the meeting point, the point of suture, between on the one hand the discourses and practices which attempt to ‘interpellate,’ speak to us or hail us into place as the social subjects of particular discourses, and on the other hand, the processes which produce subjectivities, which construct us as subjects which can be spoken. (pp. 5-6).


Anderson:

The confluence of national identity and mass media is articulated by Anderson (1983) when he explains in his book “Imagined Community” how the media make people share the same experience and eventually imagine themselves as a national community. He uses the concept of mass ceremony to explain the “mass consumption of the newspaper-as-fiction” (p. 35). According to him, each person is well aware that the ceremony (s)he performs is being replicated by millions of others. By observing that millions of others consume the same media content, people are “continuously assured that the imagined world is visibly rooted in everyday life” (pp. 35-36).


While constructing national identity, witnesses are constructed under the rule of “arbitrariness of their inclusion and juxtaposition and the linkage between them is imagined” (Anderson, 1983, p. 33). This is similar to criticisms of news framing as Anderson (1983) acknowledges that the existence of national media institutions and the dissemination of stories are significant in the formation of an imagined community, a national community and its identity. Hence, “it is useful to remind ourselves that nations inspire love, and often profoundly self-sacrificing love. The cultural products of nationalism – poetry, prose fiction, music, plastic arts – show this love very clearly in thousands of different forms and styles” (Anderson, 1983, p. 141).


Similarly, Scannel (2000) argues that the mass media expresses ‘we-ness,’ and “one pervasive way” (pp. 9-10).


Germany has faced the problem not only of bridging the 'divided memory' (Herf) of the nazi past, but at the same time of incorporating the memory of the communist totalitarian past in the eastern part into an overriding national narrative. This complex process of memory formation in Germany is dealt with in all but one of the books discussed here.

The Politics of War Memory and Commemoration

Public commemoration orchestrated by nation state
Personal memory
Cultural memory
Judicial memory…

Extend international discussion of war memory

Oppressed private memories vs. official public memories
Forgetting of colonial conquest in exclusion from citizenship of Aboriginal ex-service men
Inscription of memory in national heritage
Shoah
1974 revolution in Portugal – official remembrance and official silence
post-traumatic stress disorder

representation
emergence into public visibility of shoah
museum, documentary, films, campaign

ethnographic approach
suffering injustice, injury or trauma
testimomy
sometimes relates to material compensation
official investigation

enhanced frofile of anniversary commemoration (anniversary journalism)
anniversary boom – public communication media
commemoration transformed into a media event

constesting as well as celebrating received memories
memory studies emerged across a wide disciplinary spectrum
war has been the most productive area
particular political contexts and local applications of their analysis


The invention of tradition Hobsbawm and Terrence Ranger
Invention of social cohesion
Legitimizing authority and socializing populations into a common culture

Hobsbawm argues that there “invented traditions” were highly relevant to analysis of the nation with its associated phenomena: nationalism, the nation-state, national symbols, histories and the rest.
This argument meshed with Anderson’s imagined communities in which the nation is seen as a collectively defined by its own ways of imaging itself and the identity of those ‘ghostly imaginings’ whereby the living generations feel their connection with the dead who belong to the ‘same’ national community thus securing the nation’s imagined continuity and transcendence of time.

Besides opening up new ways of thinking about nationalism, these two books helped bring into focus the relations between the nation-state, the ‘invented traditions and imaginings that give shape to national identity, and the forms and rituals of war commemoration, thereby generating a set of questions about the power of such commemorations to draw upon the sacrifice and loss occasioned by war as a means of preserving and reinforcing (or, it may be, challenging) dominant elites and ideologies within existing states.

Remembrance by the nation state
Remembrance by the agencies of civic society

For example, Catherine Merridale has shown how, in war-torn Soviet Russa during the 1920s, the Bolsheviks launched an assault on the customs, rituals and supposed superstitions of traditional Russian funerary culture. This led rapidly to their enforced abandonment and replacement with officially sanctioned socialist alternatives, notably ‘the practice of secular, scientific cremation (p. 10).

Politics of memory, according to The Invention of Tradition, is an exercise in social engineering from above: the history which became part of the fund of knowledge or the ideology of the nation, state or movement movement is not what has actually been preserved in popular memory, but what has been selected, written, pictured, popularized and institutionalized by those whose function it is to do so (p. 10).

From this perspective, the study of war memory is concerned with its official orchestration and embodiment in ceremonial and physical reminders, and with the patterns of inclusion and exclusion that determine which aspects of collective and individual experience are admitted to public recall and commemoration.

Hobsbawm himself has acknowledged more recently that nationalism cannot be understood unless also anlaysed from below, that is, in terms of the assumptions, hopes, needs, longings and interests of ordinary people, which are not necessarily national and still less nationalistic (pp. 10-11).

Forms of official commemoration rested on a rich undergrowth of unofficial activity (p. 11).

Popular memory group: public representations and private memory

The Politics of War Memory and Commemoration

Kansteiner, W: Finding meaning in memory

Many of the conceptually more interesting studies of memory gravitate towards the term “cultural memory” in order to maintain and further develop Halbwachs’s emphasis on the materiality of memory.15 In this context Jan Assmann’s juxtaposition of communicative and cultural memory is particularly useful.

Assmann also makes an important differentiation between potential and actual cultural memories. He argues that cultural memories occur in the mode of potentiality when representations of the past are stored in archives, libraries, and museums; they occur in the mode of actuality when these representations are adopted and given new meaning in new social and historical contexts. These distinctions suggest that specific representations of the past might traverse the whole spectrum, from the realm of communicative memory to the realm of actual cultural memory and finally potential cultural memory (and vice versa) (pp. 182-183).

Assmann’s concepts remind us that despite their power to transmit concern for historical events to future generations, collective memories have a strong bias toward the present (p. 183).

He (Nora) divides the history of memory into three periods, a premodern, modern, and postmodern condition. Premodern times are characterized by a natural, unself-conscious relation between people and their past. Their environments of memory sustain traditions and rituals that provide a stable sense of being in time for the members of local memory communities. For Nora, the fall from memory grace occurred in the nineteenth century with the acceleration of everyday life through industrial and
social modernization. As old traditions and affiliations lost their meaning, the relation between people and their past was reconstructed through first-order simulations of natural memory. Elites produced sites of memory in language, monuments, and archives which had one common referent, the nation-state, and which strove to secure the future of the nation-state through compelling inventions of its traditions. With the collapse of the ideology and reality of the nation state in the twentieth century, these first-order simulations have been replaced by second-order simulations of natural memory. The media culture of the late twentieth century spews out identities and representations of the past which have little relation to any shared traditions, life worlds, or political institutions other than the frantic pace of media consumption itself (P. 183)

Assman: Collective Memory and Cultural Identity

According to Nietzsche, while in the world of animals genetic programs guarantee the survival of the species, humans must find a means by which to maintain their nature consistently through generations. The solution to this problem is offered by cultural memory, a collective concept for all knowledge that directs behavior and experience in the interactive frame- work of a society and one that obtains through generations in repeated societal practice and initiation (Assman, p. 126)

Collective Memory = Cultural Memory

Communicative Memory - daily life memory
Halwachs's Collective Memory - basically oral memory composed and maintained in everyday lives
Every individual memory consti- tutes itself in communication with others. These "others," however, are not just any set of people, rather they are groups who conceive their unity and peculiarity through a common image of their past. Halbwachs thinks of families, neighborhood and professional groups, political par- ties, associations, etc., up to and including nations. Every individual belongs to numerous such groups and therefore entertains numerous col- lective self-images and memories (p. 127).

Transitions to larger unit of groups
Once we remove ourselves from the area of everyday communication and enter into the area of objectivized culture, almost everything changes. The transition is so fundamental that one must ask whether the metaphor of memory remains in any way applicable. Halbwachs, as is well known, stopped at this juncture, without taking it into account systematically.

Cultural Memory - Jewish
Cultural memory has its fixed point; its horizon does not change with the passing of time. These fixed points are fateful events of the past, whose memory is maintained through cultural formation (texts, rites, monuments) and institutional communication (recitation, practice, observance). We call these "figures of memory." The entire Jewish cal- endar is based on figures of memory.16 In the flow of everyday commu- nications such festivals, rites, epics, poems, images, etc., form "islands of time," islands of a completely different temporality suspended from time.

1) "The concretion of identity" or the relation to the group
2) its capacity to reconstruct. No memory can preserve the past. What remains is only that "which society in each era can reconstruct within its contemporary frame of reference.
3) Formation. The objectivation or crystallization of communicated meaning and collectively shared knowledge is a prerequisite of its transmission in the culturally institutionalized heritage of a society
4) Organization. With this we mean a) the institutional buttressing of communication, e.g., through formulization of the communicative situa- tion in ceremony and b) the specialization of the bearers of cultural memory.
5) Obligation. The relation to a normative self-image of the group engenders a clear system of values and differentiations in importance which structure the cultural supply of knowledge and the symbols.
6) Reflexivity. Cultural memory is reflexive in three ways

Collective Memory Summary

It has become clichéd to assert that journalists write the first draft of history. Far less attention has been paid to who does the rewrites. Frequently, second drafts of history are also written by journalists. The typology developed here describes the
ways journalists use our public past and offers some insights about the process of collective memory development in the news media. Commemorative journalism seems to offer the best chance to reexamine our past, but may offer little incentive to do so. Historical analogies may not encourage us to contest the meaning of the past due to the simple, dramatic narratives of news reporting. Historical contexts may not encourage us to look closely at the meanings we ascribe to the past either, because they are presented as facts rather than interpretations (Edy, p. 71)

Halbwachs, a student of Durkheim (a sociologist)
they understand collective memories as collectively shared representations of the past.
exclusion of the importance of individual difference and realm and roles of individual memories
Basically they are sociologist

Barry Schwartz (1991) offered the most concise definition of collective memory: “‘Collective memory’ is a metaphor that formulates society’s retention and loss of information about its past in the familiar terms of individual remembering and
forgetting” (p. 302). Halbwachs (1950/1980) explained that memory is the product of a social group. It is a past that is shaped by and meaningful for a community. Communication is a critical element of collective memory. It is what transcends the psychological aspects of memory and makes the concept sociological. Communication makes possible the unique capacity of collective memory to preserve pasts older than the oldest living individual (p. 72).

The documentary style of journalists’ work gives them a unique authority in telling the story of the past. That authority may make for more powerful emotional connections on the part of the audience (p. 73).

Journalists’ references to the Watts riots were identified with Lexis/Nexis searches

Commemorative stories are sometimes referred to as “anniversary journalism.”

Three forms of journalistic uses of collective memory suggested by Edy
Commemoration
HIstorical Analogy
HIstorical Context

drawn from Edy, J. A. (1999). Journalistic uses of collective memory. Journal of Communication, 49, 71.

Public Sphere Summary

Habermas and his theory is okay, actually more than okay considering he was the one who came up with a genuine idea of public sphere (it has to be said though that he got those idea from Kant and Hegel and German idealism) as an idealism and presentation of fundamental normative rules for liberal democratic society. However it shouldn't be used to discipline members of society or to exclude voices which resist to follow the normative conditions.

Everybody loves plurality, diversity, no-censorship

Anyhow,
There shouldn't be any type of ethical monopoly which dominates others' opinions and eventually an ideal public sphere

Can media be democratic technic?


Public Sphere and Media (Dahlgren)
Media Institution
Media Representation
Sociocultural Foundation
Cultural Interaction among individuals


Freedom of communication among citizens within civil society requires a vigorous political and constitutional defense. As I have argued elsewhere, democratically elected and internationally coordinated parliaments are an indispensable means of aggregating, coordinating, and representing diverse social interests and opinions (keane, p. 149)

Public Service Media: the development of a plurality of non-state media of communication which both function as permanent thorns in the side of political power (helping thereby to minimize political censorship) and serve as the primary means of communication for citizens living, working, loving, quarrelling and tolerating others within a genuinely pluralist society (Keane, p. 150)

John Keane: Media and Democracy

Article 19 of the Universal Declaration of Human Rights is an example: 'Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (p. 136)

Freedom of communication among citizens within civil society requires a vigorous political and constitutional defense. As I have argued elsewhere, democratically elected and internationally coordinated parliaments are an indispensable means of aggregating, coordinating, and representing diverse social interests and opinions (Keane, p. 149)

Public Service Media: the development of a plurality of non-state media of communication which both function as permanent thorns in the side of political power (helping thereby to minimize political censorship) and serve as the primary means of communication for citizens living, working, loving, quarrelling and tolerating others within a genuinely pluralist society (Keane, p. 150).

Public service media require a post-capitalist civil society guaranteed by democratic state institutions (p. 152).
Is it possible anyway? It is fair to say that making state institution that guarantees functions of public sphere became ever-more difficult as globalization has been carried out in neo-liberal direction.

Keane's argument sounds archaic considering his suggestion about erecting world organizations or having different countries follow UN-made international treaty do not seem to be carried out in practice.

Dahlgren: Television and the Public Sphere

Discussion of Public Sphere and its application in society

Media Institution
Media Representation
Sociocultural Foundation
Cultural Interaction among individuals

Postpositivism and Interpretism

If post-positivism is like a language, it has many dialects

Finally, we note an aftermath of specialization and fragmentation. Specifically, there is a growing sense that discipline-wide agreement about the goals and epistemology of communication science may not be achievable.

Natural Science ⇔ Naturalistic Inquiry or Naturalism

Interpretive Paradigm (p. 11)
It is an ontological and epistemological foundation of qualitative method
It developed from the convergence of several 19th- and 20th-century intellectual traditions. including German idealist philosophy, phenomenology, and American pragmatism.

The human sciences concerned with experience and social action are inherently different from the natural sciences.
Realities are plural, simultaneous, and local phenomena
Theory should be developed inductively through the iterative testing of tentative explanation against the experience of ongoing interaction with group members.

Criticism
It appeared to practice insufficient controls against random effects (and other threats to internal validity), representative sampling, generalizability, and the falsification of hypotheses.

Lindlof & Taylor

Objectivist, Empricist, and Rationalist

* Reality is singular, a priori, and objective
* True knowledge arises from observation of empirical phenomenon that form the tangible, material traces of essential reality
* The concepts and methods of natural science are a legitimate model for the conduct of social science
* Essential reality constraints the range of possible knowledge claims. Those claims should aspire to exacting correspondence with reality
* In observation, the complexity of phenomena should be reduced
* The logic of measurement and quantification is best for formalizing empirical observations
* Research should search for mechanisms of cause and effect
* Based on these understanding, research should be able to predict and control
* Researcher should aggregate subjects based on their possession of a specified trait, attribute, or performance
* Theory is developed deductively and incrementally. Researcher should proceed by systematically proposing and testing explanations based on existing, verified knowledge. Hypotheses inviting confidence are to be added to theory.

Liberalism, public sphere, pluralism by Peters

Liberalism (before they advance their ideas too further) needs to think itself
Need to be Less hostile toward religious ideas
Because their ideas actually rest partly upon religious ideas
such as "Truth wins in the end"
or "We can tolerate evil because truth will win eventually"

Liberal deceived themselves or forget that their very basic ideas came from religious traditions

Space: settlementaion of space

Mohamad Debate
Cartoon cause a riot in Jordan
Content not restricted in a nation where liberals hold "freedom of speech"
Images and messages now travel So much faster

Distinction between public and private blurs
Liberal needs to rethnk that Now it is very difficult to think you can separate public and private clearly

A central principle of religious ideas: Kindness to the stranger
It is in truth and practice more powerful foundation
Solidarity and freedom gives more strength

Religious person means – he can’t be fanatic

We wants to be plural, open, diverse, and respectful of others
But we can’t get there with moral monopolies
Liberalism sometimes undermines us by pretending to be liberal
Solidarity protest criticism
I have more like a religious public sphere, to be honest about it


Set up a rule – no positive vision? Just procedure
Liberalism became a rule

In one of the player
Claiming a neutrality – pushing other people out
Ethical monopoly – with liberty, enlightenment, reason… actually insulting and alienating other people
Mohamad cartoon – geopolitical battle

Secular modernity

Politics of position that claims to be not political


Media fit into whole question
Media blur public and private
18th century
inside home private

coffeehouse public

20th century
news coming to you home
computer is a world public sphere
youtube broadcast yourself

communication – make common means shareable
public sphere mixed up degenerate

free speech
modernity and globalization – European sense
complicated mixture of race ethnicity

globalization is uneven
liberal idea of free speech
civic participation – rationality read write argue

but Very different understanding about what it mean to be a citizen. Sometimes it is very ritual based on performance

Recognizing globalization is uneven
Different intellectual and geographical blocks

In occidental world: Absolute liberty of press and speech
India latin America – more positive vision of freedom respect

You can‘t say they don’t respect freedom


Censorship

Nobody wants to say I love censorship

Because future is open. We don’t know the future
We also don’t know what it (certain content) means to my neighbor

But in higher level
disapproving censorhip is theatrical performance
how smart how liberal and how cool it is to be disapproving of censorship

People in other countries and different parts of the world have
Very good reasons to be outraged actually because of pictures and stories
Reasonable and rational but what about other people?

Fortner & Christians. Separating wheat from chaff

External validity addresses the ability to generalize your study to other people and other situations.

Internal validity addresses the "true" causes of the outcomes that you observed in your study. One of the keys to understanding internal validity (IV) is the recognition that when it is associated with experimental research it refers both to how well the study was run (research design, operational definitions used, how variables were measured, what was/wasn't measured, etc.), and how confidently one can conclude that the change in the dependent variable was produced solely by the independent variable and not extraneous ones.

If true interiority has occurred, that is, if data accurately reflect the natural circumstances, those data are valid and reliable even though not based upon radomization, repeated and controlled observation, measurement, and statistical inference. Our concern is for a research style that reduces situations and simultaneously maintains a broad understanding.

The researcher does not merely cite these secondary documents, but rather weighs, evaluates, and then constructs them fairly.

Effective use of triangulation is another mark of competent humanistic research.
the goal is to build up a fully rounded analysis.

The facts never speak for themselves. They must be selected, marshalled, linked together, and given a voice.

external and internal validity
exegetical awareness
accurate assessment of secondary sources
imaginative triangulation

We do not conduct our research in a vacuum
Also, to be a part of such an enterprise implies that we have accepted both the historical and mythological constructs of the community to which we belong.

Because culturalism is necessarily a historical method, the scholar using the cultural method must address history that circumscribes, and which may impinge on, his or her interpretations and explanations of meaning.

Because the conduct of cultural studies borrows so heavily from historical methods, we need to be especially aware of the pitfalls that haunt historical research.

Fortner & Christians. Separating wheat from chaff in qualitative studies. Research methods in mass communication

The logic and aims of qualitative research

Social sciences possessed for Vico a common task with the humanities. The explanation of how people create what is distinctively human - civilization and cultures, In Vico's view the social science were scientific in the sense that they aimed at systematic knowledge

A major part of our task is to clarify systemically what we and others already know, or potentially know, of the social world based solely upon our ordinary immersion in this world. From this perspective, every person is a social scientist (p. 355).

One assumption of quantitative research - normal distribution of phenomena

The inverse of qualitative studies is that version of social science (or history) philosophically known as positivism and methodologically known as empiricism.

Qualitative studies are a self-conscious attempt to restore the critical and liberating function to intellectual investigation. They do not view the social sciences as a natural science of society, but as a distinctive science of the human. They do not view society as a body of contingent and neutral facts to be charted but as an active creation of its members. They do not view social science as "objective" in the ordinary and simple understanding of that term, but as an active intervention in social life with claims and purposes of its own (p. 358).

Qualitative studies start from the assumption that in studying humans we are examining a creative process whereby people produce and maintain forms of life and society and systems of meaning and value.... To study this creative process is our first obligation.

Human live by interpretations.

It is, then, to this attempt at recovering the fact of human agency - the ways persons live by intentions, purposes, and values - that qualitative studies are dedicated.

Thus we do not ask "how do the media affect us" (could we figure that out if we wanted to), but "what are the interpretations of meaning and value created in the media and what is their relation to the rest of life?" (p. 359).

The task of social science, the basic task of qualitative studies, is to study these interpretations, that is, to interpret these interpretations so that we may better understand the meanings that people use to guide their activities (p. 359).

Four Criteria

Naturalistic Observation
Contextualization
Maximized Comparisons (Glaser and Strauss; Grounded Theory)
Sensitized Concepts


Carey and Christians. The logic and aims of qualitative research Research methods in mass communication

End of Memory-History; Memory Grasped by History;Realms of Memory: Another History

Why did this synthesis (Memory-Nation) break down? Because its sacred character was undermined in the crisis of the 1930s, when the state was divorced from the nation and eventually the old couple was supplanted by a new one: state and society. At the same time, and for the same reasons, history, which had become a tradition of memory, was transformed into social self-understanding (p. 5).

Historicized memory comes to us from without. Because it is no longer a social practice, we internalize it as an individual constraint. The transition from memory to history requires every social group to redefine its identity by dredging up its past. (p. 10).

Memorial Space

Practically every organized social group, and not just the intellectual or educated, has followed the lead of the ethnic minorities in seeking their own roots and identities.

The proliferation of genealogical research is a striking recent phenomenon

The demise of memory-history has multiplied the number of private memories demanding their own individual histories.

The atomization of memory (as collective memory is transformed into private memory) imposes a duty to remember on each individual.

When memory ceases to be omnipresent, it ceases to be present at all unless some isolated individual decides to assume responsibility for it.

to be Jewish is to remember being Jewish.
If truly internalized, such a memory inexorably asserts its claim over a person's whole being.

Archival Memory; Memory as an Individual Duty; Alienated Memory

We no longer speak of "origins" but rather of "inceptions." Given to us as radically other, the past is a world from which we are fundamentally cut off. We discover the truth about our memory when we discover how alienated from it we are (p. 12).

The whole dynamic of our relation to the past is shaped by the subtle interplay between the inaccessible and the nonexistent. If the old ideal was to resurrect the past, the new ideal is to create a representation of it. Resurrection, no matter how complete, implied a careful manipulation of light and shadow to create an illusion of perspective with an eye to present purposes (p. 12).

With the integration of memory-history, however, a new kind of historian has emerged, a historian prepared, unlike his predecessors, to avow his close, intimate, and personal ties to this subject (p. 13).

Our society is quite different: it has changed so radically that it has lost its memory and become obsessed with understanding itself historically. This accounts for the increasingly central role of the historian: he prevents history from being merely history.

Thus we compensate for our alienated perspective by trying to view the past in close-up and artificial hyper-reality.

Realms of Memory: Another History
Lieux de Memoire are complex things. At once natural and artificial, simple and ambiguous, concrete and abstract, they are lieux - places, sites, causes - in three senses: material, symbolic, and functional.

The observance of a commemorative minute of silence, which might seem to be a strictly symbolic act, disrupts time, thus concentrating memory (p. 14).

"Memories are crystallized"

For although it is true that the fundamental purpose of a lieu de memoire is to stop time, to inhibit forgetting, to fix a state of things, to immortalize death, and to materialize the immaterial (just as gold, they say, is the memory of money) - all in order to capture the maximum possible meaning with the fewest possible signs - it is also clear that lieux de memoire thrive only because of their capacity for change, their ability to resurrect old meanings and generate new ones along with new and unforseenable conncetions (that is what makes is exciting).

Lieux de memoire are created by the interaction between memory and history, an interaction resulting in a mutual overdetermination. A will to remember must be present initially. Without this criterion, the definition would be so broad as to encompass almost any object worthy of remembrance.

Memory dictates and history writes.

Only certain works of history are lieux de memoire, namely, those that reshape memory in some fundamental way or that epitomize a revision of memory for pedagogical purpose.

Memoirs, too, can be lieux de memoire (as the word suggest).

There is, however, no reason why we cannot imagine a variety of possible arrangements or classifications of objects within the category of lieux de memoire. Some such objects are part of everyday experience: cemeteries, museums, commemorations. Others are products of reflection, such as the concept of historical generation, which was mentioned earlier, or the lineage, or the "region" as an object of memory, or certain "divisions" in the way the French perceive their national territory..., or of the notion that... (p. 18).

And finally, if we were to emphasize the symbolic elements, we might want to distinguish between "dominant" lieux de memoire and "dominated" ones. Dominant site are spectacles, celebrations of triumph. They are imposing as well as generally imposed from above by the government or some official organization, and typically cold and solemn, like official ceremonies...Dominated sites are places of refuge, sanctuaries of instinctive devotion and hushed pilgrimages, where the living heart of memory still beats. (p. 19).