“Freedom of the Press” Imagined—The Reality of Taiwan Journalism And the Fourth Estate Theory
Date Issued
2009
Date
2009
Author(s)
Chen, Ya-Huei
Abstract
After examining the performance and social function of the press in Taiwan, this thesis discovered that there is a gap between the ideal and the reality of the fourth estate theory. Based on the observation, this thesis re-examined the theory and proposed the modification. There are two major modifications. First, “freedom of the press” should not favor only the organized private business—the institutional press, due to the commercializing trend in recent decades. The press now in Taiwan is much more subject to the demands of the marketplace than before. Most of the time, the press only have to meet the expectations of the individuals or families who own them. In this situation, most of the time, to give the preferential treatment to the press means to favor specific business. Secondly, the fast growing technological, ideological, and economic forces are making it increasingly difficult to define and justify a special legally protected role for the press. Therefore the demise of the press as a legally preferred institution is possible, probable and acceptable. This thesis thus suggests that in the future when define the press the court should focus on the function rather than the form. To conclude, the fourth estate theory has losing its basis to support the press to be the only institution playing the adversary power to the government.
Subjects
freedom of the press
the fourth estate theory
checking value theory
J.Y. Interpretation No.509
journalist’s privilege of protecting confidential sources
freedom of the speech
amateur journalism
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