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Media Freedom as a Fundamental Right

£82.00

Part of Cambridge Intellectual Property and Information Law

  • Date Published: May 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107098954

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  • 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.

    • Proposes a new view of media freedom which addresses the most pressing questions concerning freedom of the media in the twenty-first century
    • Combines doctrinal and conceptual comparative analysis with descriptive and normative theory in order to provide a thorough and comprehensive understanding of the foundations of media freedom
    • Global approach to media freedom makes this relevant to the transnational and global discourse on human rights in general and freedom of speech and media freedom in particular
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    Product details

    • Date Published: May 2015
    • format: Hardback
    • isbn: 9781107098954
    • length: 338 pages
    • dimensions: 235 x 157 x 23 mm
    • weight: 0.64kg
    • availability: Available
  • Table of Contents

    Introduction: aim, scope and method of this study
    Part I. The Theoretical Foundations of Media Freedom:
    1. The rationales for freedom of expression
    2. Theory of media freedom
    Part II. General Rules on Media Freedom:
    3. Beneficiaries of media freedom: who is 'the media'?
    4. The content of media freedom: media speech privileges and institutional protection of the media
    5. The notion of an 'interference' with media freedom
    6. Justification of an interference with media freedom
    Part III. Specific Limitations to Media Freedom:
    7. Personality rights and intellectual property as 'rights of others'
    8. Threats to public order interests: national security, territorial integrity, public safety and prevention of disorder and crime
    9. The protection of health and morals
    10. Maintaining the authority and impartiality of the judiciary
    11. Incitement to hatred
    12. Religiously offensive publications
    13. Restrictions on commercial publications
    14. Media pluralism
    Conclusion.

  • Author

    Jan Oster, Universiteit Leiden
    Jan Oster is Assistant Professor for EU Law and Institutions at Leiden University, the Netherlands. He also holds a lectureship for telecommunications law and private international media law at the Mainz Media Institute, Germany.

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