Rights Of Access To The Media

1. Theories of media access

Scholars from across law and internet and media studies examine the human rights implications of today's platform society. Today such companies as Apple, Facebook, Google, Microsoft, and Twitter play an increasingly important role in how users form and express opinions, encounter information, debate, disagree, mobilize, and maintain their privacy. What are the human rights implications of an online domain managed by privately owned platforms? According to the Guiding Principles on Business and Human Rights, adopted by the UN Human Right Council in 2011, businesses have a responsibility to respect human rights and to carry out human rights due diligence. But this goal is dependent on the willingness of states to encode such norms into business regulations and of companies to comply. In this volume, contributors from across law and internet and media studies examine the state of human rights in today's platform society. The contributors consider the “datafication” of society, including the economic model of data extraction and the conceptualization of privacy. They examine online advertising, content moderation, corporate storytelling around human rights, and other platform practices. Finally, they discuss the relationship between human rights law and private actors, addressing such issues as private companies' human rights responsibilities and content regulation. Contributors Anja Bechmann, Fernando Bermejo, Agnès Callamard, Mikkel Flyverbom, Rikke Frank Jørgensen, Molly K. Land, Tarlach McGonagle, Jens-Erik Mai, Joris van Hoboken, Glen Whelan, Jillian C. York, Shoshana Zuboff, Ethan Zuckerman Open access edition published with generous support from Knowledge Unlatched and the Danish Council for Independent Research.

How reconsidering digital media and participatory cultures from the standpoint of disability allows for a full understanding of accessibility. While digital media can offer many opportunities for civic and cultural participation, this technology is not equally easy for everyone to use. Hardware, software, and cultural expectations combine to make some technologies an easier fit for some bodies than for others. A YouTube video without closed captions or a social network site that is incompatible with a screen reader can restrict the access of users who are hard of hearing or visually impaired. Often, people with disabilities require accommodation, assistive technologies, or other forms of aid to make digital media accessible—useable—for them. Restricted Access investigates digital media accessibility—the processes by which media is made usable by people with particular needs—and argues for the necessity of conceptualizing access in a way that will enable greater participation in all forms of mediated culture. Drawing on disability and cultural studies, Elizabeth Ellcessor uses an interrogatory framework based around issues of regulation, use, content, form, and experience to examine contemporary digital media. Through interviews with policy makers and accessibility professionals, popular culture and archival materials, and an ethnographic study of internet use by people with disabilities, Ellcessor reveals the assumptions that undergird contemporary technologies and participatory cultures. Restricted Access makes the crucial point that if digital media open up opportunities for individuals to create and participate, but that technology only facilitates the participation of those who are already privileged, then its progressive potential remains unrealized. Engagingly written with powerful examples, Ellcessor demonstrates the importance of alternate uses, marginalized voices, and invisible innovations in the context of disability identities to push us to rethink digital media accessibility.

This book surveys the implications of freedom of the press for a constitutionally rooted public right of access to electronic and print media. Part one provides general perspectives on access to the media, including discussions of access in relation to the Supreme Court, to First Amendment history and theory, to current perceptions of the press, and to a possible remedy for concentration of the media. Part two focuses on access and First Amendment developments in libel and the "public forum." Access to television and radio is the topic of part three; specific investigations of broadcast regulations, the political ramifications of access (the "Equal Opportunities" provision of the Communications Act), the Fairness Doctrine, and the role of public interest are provided. Part four details the significance of the Miami Herald Publishing Company V. Tornillo decision for the future of public access and furnishes concluding remarks on the relationship between access, autonomy, and the First Amendment. (Ks).

Front Matter -- Introduction to the Legal System -- Freedom of Expression -- Telecommunications Regulation -- Internet Regulation -- Conflict of Laws -- Information Access and Protection -- Intellectual Property: Copyright -- Intellectual Property: Patents, Trademarks, and Trade Secrets -- Defamation -- Invasion of Privacy -- Sex and Violence -- Commercial Speech and Antitrust Law -- Table of Cases -- Glossary -- Notes -- Index

When the issue of speakers' rights of access arises in media regulation and policy contexts, the focus typically is on the concept of speakers' rights of access “to the media,” or “to the press.” This right usually is premised on the audience's need for access to diverse sources and content. In contrast, in many non-mediated contexts, the concept of speakers' rights of access frequently is defined in terms of the speaker's own First Amendment right of access to audiences. This paper explores the important distinctions between these differing interpretations of a speaker's access rights and argues that the concept of a speaker's right of access to audiences merits a more prominent position in electronic media regulation and policy. This paper then explores the implications of such a shift in perspective for media regulation and policy-making.

Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective. The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather itprovides a better understanding of the forces that generate media rules, norms, and standardsagainst the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation. The book addresses a range of issues including: Media Law and Evolving Concepts of Democracy Network neutrality and traffic management Public Service Broadcasting in Europe Interception of Communication and Surveillance in Russia State secrets, leaks and the media A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well asnon-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different. Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law. Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies. Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.