限制媒体报道的法律渊源和原则

On Law Sources and Principles of Restricted Media Coverage

限制媒体报道在中国新闻界是一个敏感的话题,人们通常把它与限制新闻自由联系在一起。但依法限制报道在当代法治国家是一种常态。对媒体报道的种种限制,本质上与新闻工作的客观、公正、平衡等基本原则是一致的。不了解、不重视、不遵守法律对媒体报道的限制条文,是我国当前媒体屡屡发生违法违规现象,以及相关管理部门处理乏力、管理失效、处置失当的主要原因。我国目前虽然没有专门的新闻法,但限制媒体报道的法律规范不仅存在,而且十分丰富。问题是这类法条来自不同位阶、不同部门,处于散在状态,媒体不易掌握。因此,清晰梳理限制媒体报道的法律渊源和原则,既有助于新闻工作者认识守法的必要性、逐步减少媒体违反法定限制的报道行为;也有助于相关管理部门摆脱"一事一报"的管理方式,真正建立起一套依法处置媒体违反法律限制报道的管理机制。

Restricted media coverage is a sensitive topic of the press in China, which is associated with the restriction on the free-dom of the press.However, it is often the case of coverage restriction in accordance with the law in legal states.In fact, restric-tion on media coverage is consistent with the basic principles of the press, such as objectivity, impartiality, balance, and etc. Due to the ignorance and indifference of the restricted media coverage, it has been found in China the violation of laws and rules, as well as insufficient and ineffective management of the relevant administrative departments.In spite of the absence of the specific press law, it is not difficult for us to find abundant legal norms concerning the media coverage restriction.However, it is not an easy job to collect all of these items scattered in different domains and departments.Therefore, to sort out law sources and principles of the restricted media coverage not only helps journalists to realize the importance of law-abiding, thus decreasing the frequency of illegal media coverage, but also assists the relevant administrative departments to get rid of the tradi-tional way of“report on each incident”.In this way, a true administrative mechanism is to be established in order to deal with the violation of the restricted media coverage.