Media Freedom As A Fundamental Right

Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

Jan Oster develops a coherent theoretical and doctrinal framework for the scope, content and limitations of media freedom.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace, and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.

"Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media."--BOOK JACKET.

Reimagining press freedom in a networked era: not just a journalist's right to speak but also a public's right to hear. In Networked Press Freedom, Mike Ananny offers a new way to think about freedom of the press in a time when media systems are in fundamental flux. Ananny challenges the idea that press freedom comes only from heroic, lone journalists who speak truth to power. Instead, drawing on journalism studies, institutional sociology, political theory, science and technology studies, and an analysis of ten years of journalism discourse about news and technology, he argues that press freedom emerges from social, technological, institutional, and normative forces that vie for power and fight for visions of democratic life. He shows how dominant, historical ideals of professionalized press freedom often mistook journalistic freedom from constraints for the public's freedom to encounter the rich mix of people and ideas that self-governance requires. Ananny's notion of press freedom ensures not only an individual right to speak, but also a public right to hear. Seeing press freedom as essential for democratic self-governance, Ananny explores what publics need, what kind of free press they should demand, and how today's press freedom emerges from intertwined collections of humans and machines. If someone says, “The public needs a free press,” Ananny urges us to ask in response, “What kind of public, what kind of freedom, and what kind of press?” Answering these questions shows what robust, self-governing publics need to demand of technologists and journalists alike.

Since its development shaped by the turmoil of the World Wars and suspicion of new technologies such as film and radio, political communication has become a hybrid field largely devoted to connecting the dots among political rhetoric, politicians and leaders, voters' opinions, and media exposure to better understand how any one aspect can affect the others. In The Oxford Handbook of Political Communication Kate Kenski and Kathleen Hall Jamieson bring together leading scholars, including founders of the field of political communication Elihu Katz, Jay Blumler, Doris Graber, Max McCombs, and Thomas Paterson,to review the major findings about subjects ranging from the effects of political advertising and debates and understandings and misunderstandings of agenda setting, framing, and cultivation to the changing contours of social media use in politics and the functions of the press in a democratic system. The essays in this volume reveal that political communication is a hybrid field with complex ancestry, permeable boundaries, and interests that overlap with those of related fields such as political sociology, public opinion, rhetoric, neuroscience, and the new hybrid on the quad, media psychology. This comprehensive review of the political communication literature is an indispensible reference for scholars and students interested in the study of how, why, when, and with what effect humans make sense of symbolic exchanges about sharing and shared power. The sixty-two chapters in The Oxford Handbook of Political Communication contain an overview of past scholarship while providing critical reflection of its relevance in a changing media landscape and offering agendas for future research and innovation.

The subject of this study is ‘freedom within the press’, the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. The analysis draws on the classical defenders of freedom of speech, Milton and Mill, to show that at the dawn of the 21st century the intertwined alliance between big business and public authorities resulting in the widespread phenomena of self-censorship within the media constitutes an almost insurmountable obstacle. Instead of enlightening the public and inspiring the individual the press may be contributing to an inert public and individual cowardice antithetical to the objectives of human dignity and democracy. The core of the problem is that prima facie the infringement of freedom within the media is not exercised on legal premises and cannot therefore be solved within the legal framework. The operation of the press in society is conditioned by three types of regulation, legal regulation, market regulation and self-regulation. Legal regulation does not adequately presuppose the impact of the latter as it is based on the assumption that press freedom is mainly a negative liberty. The book explores the affirmative side of Article 10 of the European Convention on Human Rights to guarantee press freedom that is not merely illusory but practical and effective. Convention jurisprudence has not only influenced the domestic courts of the Contracting Parties but also the legislators of the Member States. In an era of globalization dominant media operators wield power in their own domestic markets to impede national regulators in adopting interventionist media policies to secure journalistic freedoms. The Convention jurisprudence represents a kind of European ius commune, which is here set in the context of an analysis reflecting the problems and values at issue and offering recommendations to alleviate a situation which threatens democratic ideals and public-spirited journalism.

Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.