Legal guarantee of media activity: theoretical aspects

Abstract

The article, based on the analysis of current legislation and the legislation of the European Union, examines the theoretical aspects of the legal guarantee of media activity from the position of public law. Changing professional standards and values of modern journalists in Ukraine is an important topic of modern research for several reasons. The development of the digital environment, technologies for production and distribution of content, changes in the nature of work in conditions of martial law have led to the need to rethink the legal guarantees of journalistic activity in the context of technological changes and new ethical problems in the work of journalists. The above-mentioned determines the relevance of the topic. The object of the study is the theoretical aspects of the legal guarantee of media activity in the context of public law. The subject of the study is the regulatory and legal regulation of the legal guarantee of media activity. The article used general scientific and special methods: the method of structural analysis, systemic and historical-theoretical methods, the formal-legal method, methods of comparative law and legal modeling, various methods of interpretation of law. It is indicated that legal guarantee is a process within which, by means of entrusting subjects, called guarantors, with special duties and responsibilities, the reproduction in real relations of ideal models of legal relations enshrined in normative or individual legal acts is ensured. In ensuring the effective influence of law, the role of legal guarantee is important only when it comes to protecting basic legal values, such as the right of a journalist to safe professional activity, and other aspects defined by current legislation. Along with legal guarantees, the means of legal guarantee include means of normative and individual legal regulation, means of exercising rights and obligations, as well as auxiliary means used to increase the effectiveness of the application of other means of legal guarantee (meaning means of security, restorative and compensatory nature, technical and legal means).