Concept and types of media. Mass media and the law about them

18.08.2019

State educational institution of higher education vocational education

on Information Law

Topic: Concept and types of funds mass media

Literature

1. The concept of media

The media have recently been viewed not so much as a means of communication, through which information is transmitted from person to person or masses of people, but rather as an institution of democracy that protects the interests of the individual, society and state. This emphasis is due, first of all, to the need for additional support for such social values as freedom of expression and beliefs, political and ideological pluralism, freedom of thought and speech, etc., which are guaranteed by the Constitution of the Russian Federation.

The approach to the media as a kind of expressers of opinions and instruments for obtaining and disseminating socially significant information is reflected in the Law of the Russian Federation “On the Mass Media,” which develops and concretizes the principle of freedom of the media enshrined in Part 5 of Art. 29 of the Constitution of the Russian Federation. This Law is basic in the sphere of legal regulation of relations arising regarding the organization of the activities of the media, their relations with citizens and organizations, and the procedure for disseminating mass information.

Mass media means a periodical printed publication, radio, television or video program, newsreel program, or other form of periodic dissemination of mass information.

Media must meet the following criteria:

mass distribution of the recipient (as opposed to various types of publications intended for a specific person or group of persons);

frequency – for a publication to be recognized as a mass media, it must be published repeatedly at certain intervals;

form of presentation of the material - printed publication, radio, television, video program, newsreel program, other form.

The use of the media is based on the principle of freedom of the media, which is legally enshrined in Art. 1 of the Law “On the Mass Media”. According to this article, the following are not subject to restrictions in the Russian Federation, with the exception of cases established by legislation on the media:

search, receipt, production and distribution of mass information;

establishment of mass media, ownership, use and disposal of them;

production, acquisition, storage and operation of technical devices and equipment, raw materials and supplies intended for the production and distribution of media products.

The most important guarantee of freedom of mass information is the legally established rule on the inadmissibility of censorship of mass information. According to Art. 3 of the Law “On the Mass Media”, censorship of mass media is understood as a requirement from the editorial office of a mass media, put forward by officials, government bodies, organizations, to pre-approve messages and materials (except in cases where the official is the author or interviewee), and equals the imposition of a ban on the dissemination of messages and materials, their individual parts. The creation or financing of organizations, bodies or positions whose tasks or functions include censorship of mass information is also prohibited.

While making extensive use of freedom of the media, we should not forget about Art. 4 of the Law “On the Mass Media”, which enshrines the thesis that abuse of freedom of the media is inadmissible. This article prohibits the use of the media for the purpose of committing criminal acts, for disclosing information constituting state or other secrets specially protected by law, for carrying out extremist activities, as well as for distributing programs promoting pornography, the cult of violence and cruelty. It is prohibited to use hidden inserts in television and video programs, documentaries and feature films, as well as information computer files and programs for processing information texts related to special media, affecting the subconscious of people and having bad influence on their health.

Based on the analysis of the concept of mass media and giving brief description their varieties, it becomes clear that neither the legislator nor the developers of the Law “On the Mass Media” failed to fully and unambiguously determine such an important issue as the question of classifying the mass media as an object of law or as its subject.

In other words, the recently popular method of designation “as if” has been implemented, according to which the mass media is “as if an object of law” and at the same time “as if a subject of law.”

It is not easy to classify a mass media as an object of law, because:

it is given the ability to produce individual publications, issues, circulations and programs;

he is given the ability to carry out activities;

a media outlet, like a legal entity, must be established; its activities may be terminated or suspended.

These signs of vital activity are more suitable for the subject of law than for its object. But among those named legal entities, or rather their organizational and legal forms, the media are not listed. Therefore it is not a legal personality. The role of the latter is played by the editorial office of the registered mass media.

2. Types of media

From the definition specified in Article 2 of the Law of the Russian Federation “On the Mass Media”, it follows that the mass media in its legal interpretation is nothing more than one of the forms of information dissemination. There can be any number of such forms, but the legislator has identified the most significant and well-known of them in a separate list.

The most significant media include:

periodical printed publication;

radio program;

TV program;

video and newsreel programs;

specialized media.

Periodical printed publication is a publication that has a permanent name, current number and is published at least once a year, i.e. a kind of material medium with information recorded on it with certain details. Periodicals include:

newspaper - a periodical newspaper publication published at short intervals, containing official materials, operational information and articles on current socio-political, scientific, industrial and other issues, as well as literary works and advertising.

magazine - a periodical journal publication containing articles or abstracts on various socio-political, scientific, industrial and other issues, literary and artistic works, which have a permanent heading, officially approved as this type of publication.

almanac – a collection containing literary, artistic and popular science works, united according to a certain criterion;

bulletin - a periodical or ongoing publication, published promptly, containing brief official materials on issues within the purview of the organization issuing it.

Printed publications may also include other publications.

A radio program is a set of periodic audio messages and broadcasts that have a permanent title and are broadcast on the radio at least once a year. A radio program is also a kind of material carrier, existing in the form of a physical electromagnetic field that displays a particular audio message in the form of signals of a certain frequency spectrum.

A television program is a collection of periodic audiovisual messages and programs that have a permanent title and are broadcast on television at least once a year. Like a radio program, a television program exists in the form of a physical electromagnetic field that displays an audiovisual message in the form of signals of a certain frequency spectrum.

Video and newsreel programs are a set of periodic audiovisual messages and materials that have a permanent title and are published at least once a year. Video and newsreel programs exist in the form of films, video cassettes (other material media), on which video and audio signals are recorded using a certain technology.

Specialized media are that part of the media in respect of which the law establishes special rules for their registration or distribution of products of these media.

Special registration rules are defined for:

mass media established by legislative, executive and judiciary exclusively for publication official messages and materials, regulations and other acts;

periodicals with a circulation of less than 1000 copies;

radio and television programs distributed via cable networks limited to the premises and territory of one government agency, educational institution or industrial enterprise or having no more than ten subscribers;

audio and video programs distributed in recordings in a circulation of no more than 10 copies.

The above funds are exempt from registration.

Based on the characteristics of the distribution of their products, specialized media include erotic publications, which are periodicals or programs that generally and systematically exploit interest in sex.

In addition to periodical printed publications of radio, television, video programs, newsreels, and other forms of periodic dissemination of mass information, there are also other media. The specificity of these media lies in the specific form of external expression.

First of all, such media include: texts created using computers, unprinted texts stored in computer information banks, media whose products are distributed in the form of printed messages, materials, images. In this case, databases are understood as an objective form of presentation and organization of a collection of data, systematized in such a way that this data can be found and processed using an electronic computer.

Specific forms of expressing information are represented in the law by systems of teletext, video text and other telecommunication networks - Internet, Fidonet and other networks that provide access to an unlimited number of persons.

Literature

1. Law of the Russian Federation of December 27, 1991 No. 2124-I “On the Mass Media” // “Rossiyskaya Gazeta” of February 8, 1992 No. 32

2. Gorodov O.A. Information law: textbook. – M.: TK Welby, Prospekt Publishing House, 2007.

3. Timoshenko V.A., Smushkin A.B. Commentary on the Law of the Russian Federation of December 27, 1991 No. 2124-I “On the Mass Media.” – M.: New Legal Culture LLC, 2006.

Gorodov O.A. Information law: textbook - M., 2007. P. 112

Paragraph 6 tbsp. 2 of the Law “On the Mass Media”

Ch. II there

Art. 7 ibid.

Art. 16 ibid. Need help studying a topic?

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Today, perhaps, not a single state in the world can be sure that it has successfully solved the problem of legal regulation of the activities of the media, despite the fact that more and more efforts are being expended to achieve this goal. The main difficulty, naturally, lies in the complexity of the problem itself, as well as in the fact that socio-political development constantly supplements it with new aspects that have not yet been subjected to thorough scientific analysis. This fact is stated by many experts. One of the most famous, Professor E. Parachos, writes: “Many studies of the last two decades provide a general understanding of the laws governing the activities of the media in specific regions of the world, but very few provide the opportunity to comprehensively familiarize themselves with these laws.”

In Russia, where the formation process is underway civil society and the state legal system, the problem of the media and legal regulation of their activities is especially acute.

The basis of media law, as well as the basis of other branches of law, is Constitution Russia. Her analysis shows that this basis is quite fundamental and the main thing is that the Constitution has provided reliable guarantees of human rights and freedoms related to the media.

Of fundamental importance for the activities of the media is the recognition of ideological and political diversity(Parts 1-3 of Article 13), as well as provisions that everyone is guaranteed freedom of speech and thought. Everyone has the right to freely seek, receive, transmit and disseminate information by any in a legal way. Freedom of the media is guaranteed and censorship is prohibited (Article 29).

At the same time, the Constitution established certain restrictions on freedom of the media. Propaganda and agitation that incite social, racial, national or religious hatred, as well as propaganda of social, national, racial, religious or linguistic superiority are prohibited (Part 2 of Article 29) Constitution Russian Federation. M., “Legal Literature”, 1997.

Analysis of the above provisions of the Constitution gives grounds for the conclusion that they comply with international standards, enshrined in norms international law. Russian Constitution determined the fundamental principles of media activity, and more specific issues should be resolved by special and sectoral legislation.

Law “On the Mass Media” adopted by the Parliament of the Russian Federation on December 27, 1991 and entered into force on February 8, 1992, confirms the inadmissibility of censorship (Article 3). It contains basic provisions on freedom of information as the activity of searching, receiving, producing and distributing mass information; on the possibility of establishing mass media, owning, using and disposing of them, as well as manufacturing, acquiring and operating technical devices intended for the production and distribution of mass media products (Article 1). Moreover, the law allows private property on the media and prohibits the ownership (establishment) of media by foreign citizens - but not by foreign companies (Article 7). In Art. 18 of the law states that the founders cannot interfere in the activities of the editorial board of the media. An exception can be made only if the agreement on the regulation of relationships, which the founder and the editors are required to conclude, clearly indicates the permissibility of such interference.

In modern practice, however (unlike the time when the law was adopted), the founders are also the main sponsors of the printed publication, which entails violations of this provision. Only in some cases Chief Editor, the founder (co-founder) and the owner of the main block of shares are one and the same person. In most cases, the media's financial dependence on their sponsor makes editorial independence a distant dream. Finally, government bodies actively interfere in the activities of those media outlets of which they are founders or co-founders.

Since the adoption of this law Supreme Council In the Russian Federation, about thirty other and several dozen decrees of the President of the Russian Federation related to the media came into force. What follows is a brief listing of the relevant federal laws.

Criminal Code of the Russian Federation, which came into force on January 1, 1997 and replaced the previous one (1962), defines libel as “the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation” (Article 129). For the first time in the history of Russian legislation, the Code introduces criminal liability for offenses related to the audiovisual sector and new information technologies.

Art. 151 Civil Code 1995 and Art. 43 of the law on mass media place responsibility for the correctness of information on the defendant (the journalist or the editorial board of the media).

Law "On state secret» adopted by parliament on July 21, 1993. State secret is defined in it as “information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which could harm the security of the Russian Federation.” Federation". Disclosure of state secrets entails punishment Law of the Russian Federation of July 21, 1993. “On state secrets.”// NW RF. 1993. No. 30. Art. 3124.

The Law “On the procedure for covering the activities of government bodies in state media” of 1994 has great importance, since most of the media in Russia belongs to government agencies different levels. The law provides for a number of events related to the activities of government bodies, detailed information which should be reported by the relevant state media. These include appeals and statements made by the President of the Russian Federation, the Federation Council, the State Duma and the Government of the Russian Federation; opening of the first official sessions of the houses of parliament and the new government; as well as the inauguration of the President.

Law “On Communications” adopted by the State Duma on January 20, 1995. It establishes the legal basis for activities in the field of communications, empowers authorities state power powers to regulate such activities, determines the rights and obligations of individuals and legal entities participating in the provision of communication services or using such services. It regulates the procedure for broadcasting stations to obtain licenses to transmit their signals. The law stipulates that “state bodies have the right of priority use of any networks and means of communication, regardless of departmental affiliation and forms of ownership.”

Law “On Information, Informatization and Information Protection” adopted by the State Duma on January 25, 1995 and came into force on February 20 of the same year. It was developed by the then newly created Committee on Informatization Policy (abbreviated: Roskominform) under the President of the Russian Federation - the leading government body dealing with the problems of the information society and information technologies. The law defines big number concepts and tasks related to information. It addresses issues of rights to information; there are also provisions on access to information. Federal Law of the Russian Federation of January 25, 1995. “On information, informatization and information protection.”// SZ RF. 1995. No. 3. Article 1230.

Law “On Advertising” adopted by the State Duma on June 14, 1995 and came into force in July 1995. It defines advertising and legal entities in this area. It focuses on terms such as "credibility", "integrity" and "ethicality" in advertising. The law defines the features of various forms of advertising and proposes methods of state and public control over advertising. This law introduced a complete ban on television advertising alcoholic drinks and tobacco since January 1, 1996

Law “On economic support of district (city) newspapers”, adopted by the State Duma on November 24, 1995, provides for the allocation of subsidies from the federal budget to newspapers published by authorities local government, on the recommendation of public associations when submitting a financial and economic feasibility study. Such publications are included in the Federal Register and may receive subsidies to cover part of the costs of paying for paper, printing services and federal postal services.

Law “On State Support of Mass Media and Book Publishing in the Russian Federation” adopted by the State Duma on October 18, 1995 and came into force on January 1, 1996 - simultaneously with a number of amendments to the current tax and customs legislation. They provide tax and other benefits to the media. No distinction is made between public and private publications, publishers, news agencies or broadcasters. Publications and programs of an erotic and advertising nature are excluded from those enjoying benefits. Media organizations that produce and distribute publications, books and other products related to education, science and culture are exempt from VAT and profit taxation in the part credited to federal budget. The law provides for other federal tax and customs benefits, preferential rates for renting premises in buildings (if they are federally owned) and preferential rates for communication services Federal Law of the Russian Federation dated October 18, 1995. “On state support for the media and book publishing of the Russian Federation.”// SZ RF. 1995. No. 48. Article 5128.

In 1998 The State Duma adopted a package of laws extending until January 2002 state support Media in Russia. These laws were supported by all Duma factions and adopted by an overwhelming majority. These laws extend for another three years the validity of the law on state support of the media and book publishing in the Russian Federation, which was supposed to expire on January 1, 1999. Despite the acute economic crisis in Russia, the President of the Russian Federation signed and thereby put the law into effect immediately after it was adopted by parliament.

With the weakening of the financial infrastructure and the sharp contraction of the advertising market, broadcasters and publishers are even more dependent than before on unified tax and customs benefits provided by the government, preferential tariffs for electricity and communication services, low prices for renting premises located in state property- all this is provided according to the laws currently in force. According to the explanatory note that accompanies the bills, they slowed down the process of decline in the share of information publications and programs in the media and slowed down the rate of decline in book printing.

Law “On participation in international information exchange”, adopted by the State Duma on June 5, 1996 and signed by the President of Russia on July 4, 1996, is the main document regulating issues of international information exchange, including the media. The law is aimed at ensuring effective participation and strong positions of Russia in the international information infrastructure. It lists the responsibilities of public authorities as such tasks as providing the subjects of the Federation with foreign information products and services, replenishing and protecting information resources (data banks, archives, etc.), introducing modern technologies and facilitating information exchange across state borders. According to the law, it is impossible to restrict the export from the Russian Federation of mass information documented in tangible and identifiable form. The law gives certain government agencies the right to control various aspects international information exchange. In two cases, licensing of activities for international information exchange is introduced: when information resources are exported from Russia or the state pays for information imported into Russia to replenish national data banks.

On September 5, 1997, the State Duma adopted the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” It was signed by the President of the Russian Federation B. Yeltsin on September 19, 1997 and came into force on September 30, 1997. Election campaign it is defined as “the activities of citizens of the Russian Federation, candidates, electoral associations, electoral blocs, public associations, aimed at inducing or encouraging voters to participate in elections, as well as to vote for certain candidates (lists of candidates) or against them." The law regulates campaigning during election campaigns and referendums, guarantees all registered candidates, electoral associations and electoral blocs equal conditions of access to the media in the form and manner they choose independently. The law establishes a uniform time frame for election campaigning: it must begin on the day the candidate is registered and end 24 hours before voting day. Within three days before voting day, as well as on this day itself, the publication of poll results in the media is not allowed. public opinion, forecasts of election results and other studies related to elections and referendums. The law establishes special rules for media outlets whose founders are state and municipal authorities, and for media outlets that are subsidized by the state or benefit from state-provided benefits or tax breaks that other media do not have. In Art. 40 of the law stipulates that such all-Russian broadcasting companies are obliged to allocate to all registered candidates and parties at least one hour of free airtime on weekdays at a time when television programs attract the largest audience. Relevant regional stations must provide 30 minutes of free airtime on weekdays. All other media have the right to participate in election campaign, but are required to assign uniform conditions to all candidates. In both free and paid airtime, each candidate or party must have the right to receive an equal share of the time allocated for election campaigning.

On September 16, 1998, the Russian parliament adopted Federal Law “On Licensing of Certain Types of Activities”. From the moment it comes into force, all regulations adopted by parliament or the government relating to licensing of any type of activity must comply with this law. It lists the types of activities for which licenses are required. This list includes television and radio broadcasting; broadcasting additional information; provision of services in the field of information encryption. The law was adopted in a new version in 2001, which comes into force in February 2002.

The main provisions of the current law are as follows:

· the maximum amount of the license fee for issuing a license should not exceed ten times the minimum wage;

· the validity period of the license cannot be less than 3 years, unless the license applicant requests more short term;

· the application for a license must be reviewed within 30 days (or earlier) from the date of official submission of the application;

Licensing authorities must maintain unified registers licenses have been issued, and these registers must be open to the public;

· licensing authorities may suspend a license if licensing requirements and conditions have been violated, which may result in damage to rights, legitimate interests, morality and health of citizens, as well as the defense of the country and state security;

· a license may be revoked by a court decision on the basis of an application from the licensing authority that issued the license or from a government body in accordance with its competence; the grounds for revocation of a license are: 1) detection of inaccurate or distorted data in the documents submitted to obtain a license; 2) repeated or gross violation of licensing requirements and conditions; 3) illegality of the decision to issue a license.

Russian experts note that this law is necessary for the effective implementation of business in Russia, since many current government acts regarding licensing contradict federal regulations and to each other.

So, from the above we can conclude that in relation to the media, law is designed to solve two main problems. Firstly, it must create optimal conditions for the activities of the media, first of all, ensure their independence, of course, within socially acceptable limits. Secondly, limit as much as possible the possibilities of misusing the media and using them for antisocial purposes. The tasks, as you can see, are not simple. Hardly any state can be sure that it managed to solve them at a fairly satisfactory level Richter A.G. Legal basis freedom of the press. M., "Bustard". 2001

The media system is understood as a certain set of various publications (printed, audiovisual). Due to the special importance of the press, radio and television in the life of society and the state from the point of view of information, the formation of public opinion, and the possibilities of ideological influence, the research literature often places special emphasis on the socio-political component of their functioning. And taking this into account, the media system is characterized as “a set of publications determined, on the one hand, by state policy, and on the other, by the needs of society at each historical period of time.”

A typological characteristic of the media is their classification according to the commonality of some characteristics. The parameters of typology, that is, the characteristics that are taken into account in the typological characteristics, may be different. As a rule, the form of distribution (media), region of distribution, form of ownership, audience, release time, frequency, format are taken as a basis.

Based on the form of distribution (media), a distinction is made between print (newspapers, magazines, newsletters, etc.) and audiovisual media (radio, television). Taking into account the method of distribution of the electronic media signal, we can distinguish terrestrial, cable, and satellite broadcasting.

Distribution region - the territory in which a particular publication or broadcaster’s signal is distributed. The spread of transnational media is not limited to the borders of one state; their products are accessible to audiences different countries. National media cover the entire country, or most of it. Regional publications, radio and television serve individual regions, the boundaries of which are determined by the framework of state administrative divisions, or parts of the country that are identified by political, national, cultural and other development conditions. Urban and local media are distributed, respectively, in cities or small towns.

The form of ownership is one of the characteristics of the media as a subject of market relations, and is the basis for analyzing the media from the point of view of sources of financing and invested capital. In the process of media development, three main types of publications and broadcasting companies have emerged with various forms property: private, state, public.

The media - private enterprises - operate at the expense of individuals, organizations, corporations; their functioning is based on private capital. There are several types of private media. The most common ones include individual enterprises, holdings, and conglomerates.

In individual (or family) enterprises, ownership of a controlling stake passes from generation to generation to representatives of the same circle of owners (usually the same family). Under the auspices of such enterprises, as a rule, one publication or one type of press is published.

Holdings or diversified concerns, corporations, “chains” - groups of companies and enterprises of printing, radio, television, connected by common financial interests.

Conglomerates are associations of mixed groups covering various areas activities. Conglomerate enterprises unite heterogeneous industries that produce different types of products.

State owned media government agencies and usually a significant part of the funding comes from the state budget.

Public media, according to the operating principles, are protected from influence big business and states. This is achieved through the use of special sources of financing and management methods. Financial revenues of public media companies can be subscription fees (taxes for the use of television and radio receivers), advertising revenues, government subsidies, charitable contributions, etc.

Cash income is generated in such a way that the media do not fall under the complete financial control of one or another structure. Control by public means mass media, as a rule, is carried out by supervisory boards. The supervisory boards include representatives of political parties, public organizations, government authorities, and other associations that have authority and recognition in society. These management structures exercise control over the distribution of financial resources, determine information policy The media monitor compliance with the rule of proportional distribution of airtime (public ownership is typical for electronic media) between various parties and organizations. This procedure makes it possible to coordinate the activities of the media in accordance with the interests of society and is usually declared by special legislative acts.

Periodicity is determined by the frequency of publication of a publication in a certain period of time. There are daily publications (published 4-5 times a week or more often), 2-3 times a week, weekly, monthly, quarterly, semi-annually, annual, etc. Publications may also not have a regular publication frequency.

In broadcast journalism, this word usually denotes a holistic model of a program or channel (musical, informational and musical format). For printed products, standard page sizes are established - A2 (large format, typical for high-quality national press), A3 (half a large newspaper page, this format is usually published in mass newspapers), A4 (news magazine format).

Based on the audience for which a printed publication, television or radio channel is intended, we can distinguish universal and specialized media. In addition, the audience feature characterizes the social and political aspect of the functioning of the media and is the main category in describing mass and quality journalism.

Universal media (publications on general political topics, general profile) are designed for a wide audience. Socio-political, cultural and other diverse information presented in such publications is intended for any person interested in current events.

Specialized periodicals, television and radio programs are intended for certain groups of consumers of the information product. These groups may differ in socio-demographic characteristics (gender, age, education, income level), nationality and race, personal interests, etc. Thematically specialized media are targeted specifically at the audience segment they serve. For example, in magazines for housewives you can easily find culinary recipes and useful tips on housekeeping, and sports programs and even entire television channels introduce fans to the details of sports events.

The terms “mass” and “quality” journalism are largely used to describe printed products. These types of press differ from each other in content and form of presentation of materials. However, the determining factor in in this case is an auditory sign.

The mass press is aimed at people with a low level of education; its readers are those who want to relax, have fun, and learn about various kinds of scandals and sensations. The content of popular, mass publications is entertaining and sensational in nature. They are not characterized by a high degree of analyticity, and as a result, there are practically no materials of journalistic genres. Mass periodicals are characterized by an abundance of illustrations, photographs, and large catchy headlines. However, mass printing should not be viewed as something second-rate, as a product of a low professional level. It would be more accurate to talk about the special rules and standards that are inherent in this type of journalism.

Quality media is intended for politicians, business representatives, managers, those who govern and wield political and economic power, and also follow developments in this area. Such publications are usually established and politically involved influential groups people, institutions of society (or state institutions) to realize their socially significant interests and needs. High-quality press is characterized by analytical nature. The graphic model of the publication is strict; illustrations and photographs are used sparingly.

The media, as many are convinced, is the “fourth estate.” The influence of newspapers, magazines, TV, radio and online sources is so noticeable in modern society. What is the role and function of the media? How is the media sphere regulated by law? What innovations can we expect in this aspect?

Definition of the term "media"

According to the popular interpretation, these are institutions that are created for the public broadcast of various information to society or its local groups through certain technological channels. The media, as a rule, have a target audience and a thematic (industry) focus. There are political media, there are business media, scientific media, entertainment media, etc.

Technological channels about which we're talking about, are now usually divided into offline (also called “traditional”) and online. The first include printed newspapers and magazines, radio, and television. The second includes their analogues, which operate on the Internet in the form of articles on web pages, online TV and radio broadcasts, as well as video and audio clips posted as recordings and other ways of presenting content using digital technologies (flash presentations, HTML5 scripts, etc.).

Emergence of the media

At the same time, according to some experts, prototypes of the media already existed in those times when humanity had not yet invented not only an alphabet, but even a full-fledged language. The rock paintings of antiquity, some scientists believe, could already perform a number of functions characteristic of those that perform modern means mass media. For example, through them one nomadic tribe could inform (intentionally or accidentally) another, who came to their place, about what resources are present in a given territory - water, vegetation, minerals, give general information about the climate, (for example, draw the sun ) or display elements of warm clothing in the drawings.

However, the media gained “mass”, of course, only after the invention of information carriers, which presupposed the technical possibility of replicating sources in large quantities copies This is the late Middle Ages - the time when the first newspapers appeared. At the turn of the 19th and 20th centuries, the telephone and telegraph were invented, and a little later - radio and TV. By that time, communities in developed countries began to experience tangible needs for communication due to processes reflecting aspects of political construction, socio-economic problems that were brewing due to the intensification of production and the introduction of new market mechanisms. Government and business began to actively use available technologies to communicate with the community. This trend quickly became widespread, and mass media as we know it today emerged.

The media are in great demand, primarily in the political environment. They have become a key mechanism of communication between government and society, as well as an effective tool for discussion between various political organizations. The media became a resource, control over which could guarantee the ability of certain interested groups to control the consciousness of people throughout society or its individual representatives. Power has appeared

The media are endowed with specific functions. Let's look at them.

Functions of the media

Experts call the basic function information. It consists in familiarizing the community or specific groups that form it with information reflecting events and forecasts. Also, the information function can be expressed in the publication by certain participants in the political process or information in order to inform not only society, but also significant figures or organizations at their level. This can be expressed, for example, in the publication of profile interviews, where an entrepreneur talks about the competitive advantages of his company - this kind of information can be designed to be read not so much by target clients, but by those who may be considered competitors of the company or, for example, potential investors . However, the forms of presenting information may be different. Among the main ones, two can be distinguished - in the form of facts and in the form of opinions (or through a balanced mixture of these two models).

A number of experts believe that the media perform an educational (and to some extent socializing) function. It consists of transferring knowledge to target groups of citizens or society as a whole, which helps to increase the level of involvement in certain processes, to begin to understand what is happening in politics, in the economy, in society. Also, the educational function of the media is important from the point of view that the target audience understands the language of the sources they read, becomes constant, and is interested in obtaining new information. The influence of the media on the level of education itself, of course, is not so great. This function, in turn, is intended to be carried out by schools, universities and other educational institutions. However, the media can harmoniously complement the knowledge that a person receives in educational institutions.

The socializing function of the media may be to help people become familiar with the realities of the social environment. The media can give people guidelines in choosing those values that will facilitate rapid adaptation to the specifics of socio-economic and political processes.

Who controls whom?

The media, if we talk about democratic regimes, also perform the function of control over certain phenomena in politics and economics. At the same time, society itself is called upon to be the subject that carries it out. By interacting with the media, society (as a rule, in the person of individual activists expressing the interests of certain groups) forms the corresponding issues, and the media themselves make them public. The authorities, in turn, or subjects of economic activity, enterprises, individual business figures, will be forced to respond to the relevant demands of society, to “account” for promises, for the implementation of certain programs, and solutions to current problems. In some cases, control is complemented by the function of criticism. in this sense does not change - the main thing is to convey the relevant comments and suggestions to the broad masses. And then, in turn, broadcast the response of the authorities or businesses.

One of the specific functions of the media is articulatory. It consists in giving society, again in the person of activists representing someone’s interests, the opportunity to express their opinions publicly and convey them to other audiences. The mobilization function of the media is also adjacent to the articulation function. It presupposes the existence of channels through which the same activists who reflect someone's interests are included in the process of a political or economic nature. They become not just representatives of someone’s views, but also direct figures at the level of government or business.

Media and law

Russian media, like media in most countries of the world, operate in accordance with established legal norms. What kind of regulations regulate the activities of the media sector in the Russian Federation? Our main source of law is the Law “On the Mass Media,” which came into force in February 1992. However, it was adopted back in December 1991. Since the USSR still formally existed at that time, the body that adopted this act was called the Supreme Council of Russia. And it was signed by the President of the RSFSR, Boris Nikolaevich Yeltsin. The predecessor to this legal act is considered Soviet Law"On the Press", which came into force in August 1990. Experts note the fact that both sources of law were developed mainly by the same authors.

History of Russian media legislation

What legal acts preceded the two that we named above? Historians note that laws regulating the activities of the media were in force even before October revolution. However, after the change of government they were canceled. Very soon, however, a Decree on Press appeared, signed in October 1917. It said that as soon as the new politic system will gain stability, any administrative influence on the work of printed publications will be stopped. It was assumed that there would be freedom of speech, limited only by possible measures of liability before the judiciary. True, the adoption of a law that would consolidate these provisions did not take place until 1990.

Censorship and publicity

The Bolsheviks, as historians note, almost immediately upon establishing their power, closed several dozen newspapers and introduced censorship. The activities of the Soviet media were not regulated by any law and were, according to experts, under the direct control of the CPSU and the USSR Council of Ministers. The interaction between the media and government in the USSR occurred virtually unilaterally. Functionaries central authorities or persons subordinate to them within structures at the level union republics and their constituent entities, as historians and lawyers note, adopted relevant resolutions concerning key aspects of editorial policy, appointed leading officials in publications, and resolved organizational issues. A similar situation also occurred in the field of radio and television. Thus, in the USSR, only public funds mass media.

However, in the second half of the 80s, glasnost appeared in the country. The practice of direct government intervention in the activities of the media was somehow not consistent with the emerging reality in this area. De facto, publishing houses began to play a huge role in the socio-political development of the USSR. But de jure they had no rights. Publishing houses did not have the opportunity, as some experts note, to manage the profits from the sale of huge circulations. As a result, the country's leadership decided to develop a law on the media that would legally consolidate the importance that the media acquired in the era of glasnost. It was necessary to create a media sphere that operated independently of the party line.

Thus, on August 1, 1990, the USSR opened up the possibility for the media to function within the framework of glasnost. The only mechanism that many experts considered an echo of the times of censorship was the mandatory registration of media outlets, which required compliance with certain formalities. Such as, for example, determining the person or organization establishing the mass media - the law prescribed this.

New media law?

Formally adopted back in the USSR, the legal act regulating the activities of the media is still in force. However, throughout the existence of the law, periodic amendments have been regularly made to it. And today discussions about whether to edit this legal act once again, to introduce this or that norm, do not subside. Of course, there is no talk of adopting a fundamental law yet (in any case, there is no public data known to the general public about this). However, there are quite a lot of proposals for various kinds of amendments that would affect the activities of the media in Russia.

Among the most recent, which were adopted by the State Duma, is the one regarding restrictions on the ownership of shares in the media for foreigners. What exactly is meant here? Until recently, in share shares and authorized capital Russian media foreigners could be present in any proportions (excluding the sphere of radio and television). In the fall of 2014, the State Duma, in three readings, adopted amendments to the law on the media, according to which, from 2016, foreign investors will be able to own no more than 20% of assets Russian funds mass media.

Limitation on the share of foreigners

According to experts, more than one media outlet may face the consequences of the adoption of the new law. Examples abound. There is a large share of foreigners in the assets of such publishing houses as Sanoma Independent Media, Bauer, Hearst Shkulev and many others. Lawyers believe that circumventing the law is problematic. The rules set out in the act do not allow foreigners to own shares in media assets through an intermediary chain of different legal entities. What could this lead to?

Experts believe that the entry into force of the amendments may result in the desire of some media brands to stop operating in the Russian Federation. Largely because, analysts believe, media owners will not have the opportunity to build an editorial policy in the desired format. In this connection, the recognition of the style of the media brand may lose quality, readers will stop buying the relevant publications, and the owner will suffer losses. According to a number of experts, the expediency of the law may raise doubts due to the fact that the most sensitive areas of the media space in Russia for the legislator (politics, society) are not so significantly controlled by foreigners. There is much more foreign influence in “glossy” publications that have virtually nothing to do with matters of national importance.

Law on bloggers

Other high-profile initiatives of the Russian legislator include amendments related to the activities of bloggers. In accordance with them, the owners of Internet portals (or pages on social networks and other online projects similar to them) in a certain expression are equated to the media if the audience on the corresponding pages exceeds 3 thousand users daily. True, in this case the amendments do not concern the law “On the Mass Media”, but another legal act related to the regulation of the sphere of information technology.

What kind of obligations specific to the media will have to fulfill? First of all, this is the provision real name, name and patronymic. The blogger is also required to indicate an email address so that legally significant correspondence can be conducted with him. In turn, the full name and e-mail of the blogger or the hosting provider of the site where the project is hosted must be redirected to Roskomnadzor.

The blog should not publish information that, due to its content and focus, may contradict the law. For example, unfounded statements, judgments, and publications of compromising and personal information that negatively affect the interests of other persons become unacceptable.