https://www.um.edu.mt/library/oar/handle/123456789/2756 2026-04-10T04:09:49Z 2026-04-10T04:09:49Z https://www.um.edu.mt/library/oar/handle/123456789/130047 2024-12-30T08:19:21Z 2010-01-01T00:00:00Z

Title: Democratic media : real government in action : a legal analysis Abstract: 1. Since the 17th century, the role of the press as Fourth Estate and as a forum for public discussion and debate has been recognised. Today, despite the mass media propensity for sleaze, sensationalism and superficiality, the notion of the media as watchdog, as guardian of the public interest, and as a conduit between governors and the governed remains deeply ingrained. The reality, however, is that the media in new and restored democracy do not always live up to the ideal. They are hobbled by stringent laws, monopolistic ownership, and sometimes, the threat of brute force. State controls are not the only constraints. Series reporting is difficult to sustain in competitive media markets that put a premium on the shallow and sensational. 2. Moreover the media are sometimes used as proxies in the battle between rival political groups in the process sowing divisiveness rather than consensus, hate speech instead of sober debate, and suspicion rather than social trust in these cases, the media contribute to public cynicism and democratic decay. Still, m many fledgling democracies, the media have been able to assert their role in buttressing and deepening democracy. Investigative reporting, which in some cases has led to the ouster of presidents and the fall of corrupt governments, has made the media effective and credible watchdog and boosted its credibility among the public. Investigative reporting has also helped accustom officials to an inquisitive press and helped build a culture of openness and disclosure that has made democratically elected governments more accountable. Training for journalists, manuals that arm reporters with research tools, and awards for investigative reporting has helped create a corps of independent investigative journalists in several new and restored democracies. 3. Democracy is impossible without a free press. This is a precept that is deeply ingrained in democratic theory and practice. As early as the 17th century, enlightenment theorists had argued that publicity and openness provide the best protection against tyranny and the excesses of arbitrary rule. The importance of the press has to be recognised because it makes those in some form of authority aware of the public's discontents and allowing governments to rectify their errors. 4. Modem-day democrats are as hyperbolic in their praise of the press. Despite the present-day mass media's propensity for sleaze, sensationalism and superficiality. they are still seen as essential democratic tools. Contemporary democratic theory appreciates the media's role in ensuring governments are held accountable. In both new and old democracies, the notion of the media as watchdog and not nearly a passive recorder of events is widely accepted. Governments, it is argued, cannot be held accountable if citizens are ill informed about the actions of officials and institutions. The watchdog press is guardian of the public interest, warning citizens against those who are doing them harm. 5. The media is a lifeline of a nation. It provides not only information on what may affect the normal human being in his day-to-day functioning, but also by other features keeps him informed of developments, national and international. The reach of the media and the effect on general public has always been recognised and never been challenged. Thus, Democratic Media is Real Government in Action. Description: M.A.LAW

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130018 2024-12-19T08:54:28Z 2010-01-01T00:00:00Z

Title: The development of Maltese law governing accountants and auditors from 1945 to date Abstract: As the title indicates, this thesis will be focusing on the historical development of legislation by which accountants and auditors have been, and are, governed in the Maltese Islands. Prior to 1979, there was no Maltese legislation which was specific to the work carried out by the accountant and auditor, although there were references in legislation which served to regulate these operations. This work will therefore start by taking a close look at the development of legislation, both locally as well as in other countries, from a historical perspective, leading up to the coming into force of the Commercial Partnerships Ordinance of 1962. Chapter Two focuses on two pieces of legislation which are interwoven with accountancy and audit, namely the Accountancy Profession Act of 1979, and the Companies Act of 1995. Besides obligations emanating from these two pieces of legislation, accountants and auditors are also bound by other laws, and Chapter Three will look closely at these laws to see the status of the profession under these laws. This thesis goes beyond the merely historical development of the laws. During the course of this work, it came to light that current development concerns mostly the issue of the liability of the auditor. This directed the focus of Chapter 3 of this work, and the Appendix on this issue. Chapter Four focuses on developments in European Law leading up to the present, giving detailed developments of what led to the publication of Directive 2006/43/EC. The fifth and final chapter looks at the transposition into Maltese Law, of this Directive, through amendme1Jts to laws, issue of legal notices, and also of Directives by the Accountancy Board. It also looks at the transposition of the obligations of the Services Directive. The Appendix to this work analyses in depth the issue of Auditor Liability. Description: LL.D.

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/129785 2024-12-11T05:42:05Z 2010-01-01T00:00:00Z

Title: Safeguards on the use of the internet to protect the right of a fair trial Abstract: One of the most notable features of recent years is the growth and use of information technologies. Traditional media for mass communication - newspapers, magazines, radio and free-to-air television - have been joined by satellite and cable television, electronic mail and the internet. The internet is part and parcel of our daily lives. Its use is of fundamental importance to our daily lives. Governments are constantly trying to find ways and means, to encourage its use. One is realizing that there is a relationship between the economic progress and the use of electronic devices. This study starts by examining the developments in the last two decades, particularly the introduction of the internet. In Chapter one, an analysis is made to outline the distinction between traditional publications and the internet. On a legal basis, these differ because the concepts of verification of information and right of reply are no longer applicable. This gives rise to new dilemmas, in seeking to control the extent to which, trial publicity affects the administration of justice. In particular, the influx of information from overseas gives rise to jurisdictional problems, as well as, to some extent, problems in identifying who may be liable for prejudicial material. One needs to examine what constitutes the sub judice rule, and whether this rule exists and when it is applicable. If it does, at what stage does it come into play? Who is bound by it? The sub judice rule is a particular branch of the broader law of contempt; a breach of the sub judice rule amounts to contempt of court, which empowers courts to punish summarily those whose conduct, is found to be in contempt. Chapter two analyses this rule and its development. To what extent, establishing and maintaining a biog, may be used to influence civil and criminal proceedings, through the influence of the judge/jury. In this regard, the cases against Dr. Noel Arrigo and Daphne Caruana Galizia would be considered. The present rule tries to strike a balance between two sets of principles: On the one hand, every person has a constitutional right to discuss any matter he pleases. On the other hand, the rights of parties in legal proceedings should not be prejudiced by discussion of their case in public. Is the sub judice rule a guarantee for a fair trail or, is it a form of restriction of freedom of expression? What are the limits to this fundamental human right of freedom of expression when a matter is sub judice? To what extent, does it violate the right of freedom of expression? Chapter three analyses the exceptions to the right of freedom of expression, as enshrined in the European Convention of Human Rights (ECHR) and the Maltese Constitution, so as to examine whether or not, the sub judice rule runs counter to this fundamental human right. In this chapter, one examines to what extent, this right (and its restrictions thereto) may be applied to the internet. In the case of blogs, one may paste any information, true or false, without any limit. Is it right? The notion of public interest is generally considered as an exception to the enjoyment of most fundamental human rights and freedoms. However, in the case of the sub judice rule, the idea of public interest can act as an exception to the limitations imposed by this rule. Description: M.A.HUMAN RIGHTS&DEM.

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/15766 2020-05-15T06:49:17Z 2010-01-01T00:00:00Z

Title: Master of Arts in Financial Services 2010 Abstract: A list of the Master of Arts in Financial Services dissertations submitted in 2010 Description: M.A.FIN.SERVICES

2010-01-01T00:00:00Z